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Backup Documents 07/29/1997 R~CC m~LA~M~T~ OF July 29, 1997 NAptes, FL 33940 AffidAvit of PubCtcAt~on BOARD OF COUNTy COHH%SSIONERS RTTN: NANCY SALOGUB PO BOX 41~016 NAPLES FL 34101-3016 REFERENCE: 001230 --701237 57540234 NOTICE OF PUBLIC MEE State of Ftortda County of Collier Before the unders(gne~l Authority, pars~ALLy appeare~ B. La~b, who ~ ~th lays t~t ~he az the Assistant Cor~rlte Secretary of the Dm(ty N~s, a dai{y n~s~per NblJlh~ at Jn Co,tier (~nty, Ftorida: that the Ittach~ c~y of the advert(s(~ wal ~b~i~h~ (n n~:paper ~ date: Affiant further layl that the laid Hep(el Hew: is ~ new:~per publJ~h~ mt Naptes, in lmtd CotLten C~nty, Ftorida, a~ t~t the said n~s~per has heretofore ~ ~blish~ Jn smJd Co(liar C~nty, FtorJda, emch ~tten It ~he ~t office Jn N~pLe~, in said CoLtier C~nty, Florida, for m Hri~ of 1 year next prec~i~ the first pub[icmtj~ of the ettmch~ c~y of advertisement; m~ IffJant further ~my~ that lhe has neither Rid ~r pr~js~ any parse, firm or C~ratJ~ any disc~nt, re~te, comisst~ or refu~ for the ~r~le of lecurt~ this ~verttsement for ~bt(catt~ in the said PUBLISHED ~: 07/27 AO SPACE: 4(.000 INCH FILED ON: 07/28/97 St,.at.r. of AfFtA.t ________~'D Pers~LLy k~ by me Judith A. Flanigan MY Cr)MMtS,SION # CC~787 EXPIRES ieb~ary 19, 2000 PO BOX &13016 HAPLES FL 3~101-3016 REF[R£NCE: 001~30 '-600~98 57539S94 COLLIE~ COUHT¥ BOARD Stet· of FLorida O~'~ty Of CoLLier ~f rt Before the undersigned authority, personaLLy appeared O. Lamb, vho on oath says that she as the Assistant Corporate Secretary of the N·pLes Daily Ne~s, · daily ne~spepur P~JbLished at Naples in CoLlier County, FLorida: that the attechecl COpy of the ~dvertising via Published in arid nevs~aper o~ dates Listed Affiant further says that the said Naples Daily News is a nevspaper Published at Naples, in Said Collier County, FLorida, and that the slid nevsl:~per has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as secon(~ class mail matter at the post office in Naples, in said Collier County, FLorida, for I period of 1 year neKt preceding the first Pubticatton of the attached copy of advertisement; and affiant further says that she has neither pa Ld nor discount, rebate, commission or refund for the PUBLLSHED ON: 0?/27 AD SPACE: 540.000 IHCH OH: o?/~/~? ..... ~ ............................... :. . mFILED Signature of Affiant ~,~.._, Svorn to end Subscribed before me this "~' day of '' 19.~;/r Personally known by me ' ~ ~ Nip(ell BIt(y Nevi BOARD OF c~ C~LERC~TY x~: ~x~C~~ BOARD ~ C~NTY COMM;~NERS ~o ~ &~01 AGE~A ~L ~R~H$ ~1~ TO ~AK ~ ANY AGE~A ~TEM M~T REGISTER ~1. ~ TO ~EAKIHG. RE~E~ENC~: ~1~ REQ~STS TO A~E~ T~ BOARD ON S~CTS ~H ARE NQT ON TH~S A~A MUST ~ ~MI~ED IN ~ITI~ ~TH EX~ANATION T0 THE COUHTY SZ5399~ ADM~ISTRAT~ AT LEAST 13 DAYS PR~ TO THE DATE OF THE MEETING ANO ~L ~ ~ARD ~ER ~ ~TIT~S' N D S~Ii Of F~O~ld~ANY ~R~N ~ ~C~S TO A~ A ~CI~N O~ T~ BOARD W~L EE C~ty of Cat,eecA REC~D ~ T~ ~ED?NGS ~RTAINIHG T~RETO, AHO T~REF~E MAY Before the u~e NEED TO EN~E THAT A ~RBATIM RECTO OF T~E~/~.~.~, ~ RECTO I~S T~ TESTIMONY A~ EV~Et~E ~OH ~r ~ l~ ~r. the Assistant C ~L REGISTERED ~C ~A~ERS ~L ~ L~TED TO F~ (~ MINUTES UN. Dm1 ly N~, a daLESS ~R~IS~N F~ A~IT~HAL TIME 5 GRANTED BY T~ CHA~AN. A~STED L~TENt~ ~S F~ T~ ~ARIHG LU~ ~E~ ~ED F~ I.~T~N ~ ~E~ ~ ~E~ ~ ~OV~ ~ AGE~A A~ CO~ AGE~A 4. AP~OVAL ~ MINUTES S. PR~LA~T~N$ AND ~V~ A. pR~A~AT~HS B. ~V~ AWARDS I.R~ ~.~ F~e~.~Y~ ~ Even F ~ · ~ 10. ~ S~e, E~S, C p~E~NTAT~HS k AP~OVAL ~ CLE~K~ REPOT A. ANALY~S ~ CHANGES TO RE~R~S F~ CONTIN~ ~IE5, 7. ~ ~TmT~ONS I. C~NTY ADMINISTRAT~ REPOT A. COMMUNITY DE~L~ENT & E~ON~NTAL ~RV~E5 B.P~ W~KS 1. R~st ~ ~d ?~s~ ~ ~ve~ ~ A~ ~ C~m~. C P~C ~RV~ES ~ Re~ ~ 96-~, 9~M7 ~ 96.S~, (C~n~d ~ 1/22/91 m~l. 1. Revl~ OI ~ C~II~ ~ F~e C~d C~ A~me~ E, C~HTY 9. C~NTY A~HEY'S ~EPORT 10. BOARD ~ C~NTY COM~SSI~ERS II. OTHE~ CONSTITUTIONAL ~F<ERS p~ HEARINGS WLL ~ ~ARD IM~A~LY F~LOWING STAFF ITEMS 12. AO~RTI~D PU~< ~ARINGS · BCC A. COMPREHENSIVE ~AH AME~NTS c~ ~ e~ use ~s~ B, ZOHING AME~ENT5 C. OT~R ' C~II~ C~ w~/~ ~ ~ W~ ~ls~. 1~-~7 A~ ~. 1~6.9~ A~tea B~. 13. ~A~D ~ ZONt~ APPE~S ~ AD~R TIeD P~ ~ ~INGS Q~e~ ~ five (~ ~ ~ ~ ~'S P~ ~vls~ ~ L~ V~, P~ ~ve% L~ 119, ~sH~ C~ ~ '4' ~ Lot I1, B~ ~&, ~ Vo~Mff ~h ~1 r~ a 4.1 f~ ~e k~ ~ ml~mum r~ked ~e ~ e~e~ d 13 le~ NG~ ~ I,t le~ ~VD I~ ~ ~ed ~ 922S Guff B. OT~R 14. BOARD ~ C~NTY CO~NERS' CO,UN,AT,NS IS. STAFF'S CO~MUN~AT~S I~ CON~NT AGENDA . ,~.~ o~ ~?l~y.~% ............................ ~uP~ ~ P..,'~. CC~.~'._ Yt111klm L Hce~n'.~ k/G".~ d ~ Plarnln~ ~, r~, r~m~ (~ w~ ~ ~t o~es, s~, ~ res~s, ~ed ~ The V~I~ T#S A. ~RTI~D ~ ~IHGS 1. P~ V.~. ~ ~ls~ r~e~ L~ C~mun~es, - - ~c~ I~e ~ ~ In ~en's P~ S~vfs~ ~ L~ V~. P~ ~ven L~ I1~ ~ z~ elev~ ot 13 feet NG~ ~ 1~ feet NG~ B. OT~R 14. BOARD ~ C~NTY CO~M/SStONERS' COMMUN~TiONS IS, STAFF'S CO~MUN~ATIONS 16. CON~NT AGENDA · A~ ~s Ilsl~ un~ ~ls flem ~e c~sl~red ~ ~ r~ o~ ~ ~ ~ ~en by ~ ~ ~ ~e dl~s~ ol e~h Hem. ~ ~us. s~ Is ~ed by a ~e~ ~ ~e ~d, ~ ~e~sJ will ~ re~ved I~m ~e Con~nt A. CO~UNITY ~L~MENT & ENVIROHMEHTAL ~RV~ES 1. Recommen~ ~ ~ove ~ ~1 p~ of 'VJ~ Wo~ P~se Six'. 2. R~om~ ~ ~e ~ ~1 p~ of 'Avia, Un~ O~'. 3. R~ ~ ~ove ~ ~1 p~ ol 'A vl~, U~ T~'. 4. Recom~ ~ ~e ~ ~1 p~ of 'Avl~, Un~ T~ee'. ~, Recom~ ~ ~ ~ ~ p~ ot 'Avl~ U~ Five'. 6. R~om~ ~ ~e ~ ~1 p~ of 'Avl~ Unfl Six'. B. PUBL~ WORKS Big ~ 3. Recomme~ ~ ~e f~ ~ 7. ~e a C~S~ C~ ~ ~ APA C PUBL~ 1. ~e ~ ~ ~ ~ ~ ~s ~ ~ ~ Ins~ a ~n. 2. A~a B~ ~.~gl ~ J. W. ~, ~ f~ ~e ~ of ~le ~ s~d In ~ 16. To~sh~ ~2 ~ Ro~ 7. A~II~ co~n~ C~ helen Colfl~ C~n~ D, SUPPORT SERV~ES ' E. C~HTY ADMINISTRAT~ 1. Bu~t A~ment G. MI~ELLANEOUS CORRE~ONDENCE 1. ~I~ELLANEOUS ITEMS TO FILE FOR REC~D WITH ACTION AS DIRE~EO H, OTHER CONSTITUTIONAL OFFICERS COUNTY ATTORNEY July 27 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE: AGENDA July 29, 1997 9:00 A.M. ALL PERSONS WISHING TO SPEAK ON ANY AGENDA IT~ MUST REGISTER PRIOR TO SPEAKING. REQUESTS TO ADDRESS TIIE BOARD ON ~S WHICH ARE NOT ON THIS AGENDA MUST BE SU]SMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINIS~TOR AT LEAST 13 DAYS PRIOR TO THE DATE OF T}{E 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 TI{ERETO, AND TI-IEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVTDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MIlqlFI~S UNLESS PERMISSION FOR ADDITIONAL TIldE IS GRANTED BY ASSISTED LISTENING DEVICES FOR TI{E I~F, ARING IMPAIRED ARE AVAILABLE IN TI{E COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted with changes - 5/0 APPROVAL OF MINUTES 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS B. SERVICE AWARDS 1) Robert Mayberry - 0chopee Fire Control - 20 years. 2) James Thomas - Parks & Recreation - 20 years. 3) Joseph Chirico - Road & Bridge - 15 years 4) Harry Alkire - Stormwater - Aquatic - 10 years 5) Willie Bullard - Traffic Operations - 10 years Page 1 July 29, 1997 6) Evelyn Ferguson - Department of Revenue - 10 years 7} Patrick Webb - Facilities Management - 10 years 8) Edwin Barroso - Parks & Recreation - 5 years 9) Bruce Sansone - Parks & Recreation - 5 years 10)Brian Swindale EMS - 5 years Presented Co Added PRESENTATIONS 1. Presentation by the Court Administrator regarding the reimbursement from the violent Crime Council for the Cracker Barrel Case. Mark Middlebrook presented a check in the amount of $30,707.10 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. COUNtrY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES B. PUBLIC WORKS 1) Request the Board reconsider the Developer Contribution Agreement with Commercial Development Corporation (CDC), ~reviously approved with stipulation on June 24, 1997, to Incorporate a revised stipulation requested by developer. Approved 5/0 Moved from item I16B2 2) Recommendation that that Board authorize proceeding with judicial action for Prescriptive Easement Rights for Collier County and the public to a segment of roadway known as Miller Boulevard Extension and to direct staff to approach property owners to donate easement interests to Collier County. Approved 5/0 C. PUBLIC SERVICES 1) Consider the proposed neighborhood park options for Tract 179 in Golden Gate and provide staff with direction. Staff directed to pursue purchase & improvements with General Fund revenue based on County Attorney review and to be. repaid by proposed MSTU within 18 months or property to be_ sold; Appraisals waived - 5/0 2) Recommendation that the Board of County Commissioners adopt Page 2 July 29, 1997 a Resolution to amend the Collier County Parks and Recreation Facilities License and Fee Policy and superseding Resolution Nos. 96-364, 96-467 and 96-556. (Continued from 7/22/97 meeting.) Res. 97-301 - Adopted 3/2 (Commissioners Constantine and Berry opposed) D. SI/P PORT SERVICES Zo 1) Revision of the Collier County Fire Control Contractual Agreements. Approved 5/0 CO[nTrYAI~4IN~STRATOR 1) Approve contract with Visit Naples, Inc. for a maximum of $1,047,358 Economic Disaster Recovery Program, Tourist Development funds and expenditures of $6,850 for annual preparation work. Approved 5/0 Added 2) Adopt a resolution and fixing the date, time and place for the public hearing for approving the special assessment against properties within Pelican Bay. (Staff's request) Res. 97-302 setting date of Tuesday, September 9, 1997 at 6:00 P.M. at Pelican Bay - Adopted 5/0 9. COJNTYATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS Update regarding Army Corps of Engineers (PEIS) by Chairman Timothy L. Hancock. Final report to be brought back 8/5/97. Added B. Discussion regarding the request for reconsideration of the utility regulation ordinance. (Commissioner Constantine) To be brought back on 8/5/97 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS A. Marilyn Bell re agenda changes PUBLIC HEARINGS WILl, BE HEARD ]iMMED~TELY FOLLOWING STAFF ITEMS 12. Af74ERTISED PUBLIC HEARINGS - BCC A. CO{{PREHENS/VE PLAN ~S Page 3 July 29, 1997 1) Petition CP-97-1, Martin D. Pinckney, P.E., representing Martin Frimberger/Amy Jerde, requesting a small scale amendment to the Marco Island Future Land Use Map of the Marco Island Master Plan, an element of the Growth Management Plan, to change the land use designation from low density residential to community commercial on .54 acres of property. Denied 5/0 B. ZONI/qG ;~]E~I]~4]ZNT S 1) Petition AV 97-013 to vacate all public road rights of way and utilities easements and dedications within that portion of Championship Drive (F/D/A Marriott Club Drive) lying east of the Collier County Water-Sewer District Pump Station; Fiddler's Creek Parkway (F/K/A Tournament Boulevard); Club Center Boulevard (F/K/A Championship Drive), as shown on the Marco Shores Unit 30 Golf Course Plat; and that certain 60 foot Roadway Easement recorded at O.R. Book 1557, Page 2335, ET SEQ; all located in Sections 14 & 15, Township 51 South, Range 26 East, Collier County, Florida. Continued to August 5, 1997 2) Recommendation to the Board of County Commissioners to consider the application submitted by Mediaone Enterprises, Inc. for the renewal of a cable franchise. Continued to August 5, 1997 3) Recommendation to adopt a Backflow Cross-Connection Control Ordinance for the Collier County Water/Sewer and Goodland Water District. Ord. 97-33 utilizing Option 4 Adopted 4/1 (Co---. Constantine opposed) 4) Recommendation to adopt a Resolution approving amendments to the Fiscal Year 1996-97 Adopted Budget. B.A.R. 97-3 Adopted 5/0 5) Recommendation to adopt a Resolution approving amendments to the Fiscal Year 1996-97 Adopted Budget. B.A.R. 97-4 Adopted 5/0 6) Petition CCSL-97-2, William L. Hoover, AICP, of Hoover Planning Shoppe, representing The Vanderbilt Beach Motel requesting a Coastal Construction Setback Variance to allow for construction to enclose the first floor of an existing structure for two meeting rooms (one with bar), motel offices, storage, and restrooms, located at The Vanderbilt Page 4 July 29, 1997 Beach Motel, Lot 4, Block A, Conners Vanderbilt Beach Estates, Unit No. 1, Sec. 32, T48S, R25E. Continued to August 5, 1997 13. BOARD OF ZONING APPEALS A. ADYERTISED PUBLIC HEARrNGS 1) Petition V-96-28, John Grissom representing Landmark ComMunities, c/o Mike Jeppesen, requesting a 1.94 foot dimensional variance from the rear yard setback requirement of five (5) feet for an accessory structure in a PUD zoning district for property located in Queen's Park Subdivision at Lago Verde, Phase Seven, Lot 189, Sec. 18, T50S, R26E. (Continued to the meeting of 9/9/97) 2) Petition V-96-310 Daniel Tetlow, Jr., requesting a 7.25 foot dimensional variance from the side yard setback requirement of 7.5 feet to allow an existing single family dwelling unit to remain at .25 feet from the westerly side property line in an RSF-4 Zoning District for property located in Naples Manor Subdivision, Unit 1, Block 4, Lot 8, Sec. 29, TSOS, R26E. Res. 97-303 Adopted 5/0 3) Petition CU-97-14, Paul Tateo, Trustee, as contract buyer for WR Realty Partners requesting Conditional Use '4" of the C-4 Zoning District for the establishment of a dry marina, new and used boat and equipment sales and related service work for property located at the intersection of Bald Eagle Drive and Windward Drive, further described as Lot 11, Block 776, Marco Beach, Unit 4 Replat, in Sec. 8, T52S, R26E, consisting of 0.94+/- acres. Res. 97-304 Adopted 5/0 4) Petition FDPO-97-1, William L. Hoover, AICP, of Hoover Planning Shoppe representing Vanderbilt Beach Motel requesting a 4.1 foot variance from the minimum required base flood elevation of 13 feet NGVD to 8.9 feet NGVD for property located at 9225 Gulf Shores Drive North. Continued to August 5, 1997 5) Petition NUC-97-2, Beau Keene, P.E., representing First Charter School of Collier County, Inc., requesting a non- conforming use change for use as a school and associated uses for property located at the southwest_corner of the intersection of Golden Gate Parkway and 68~n Street SW, consisting of +/- 5 acres. Res. 97-305 Adopted 4/0 (Comm. Mac'Eie abstained) Page 5 July 29, 1997 14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS A. Comm. Mac'Kie re Davis Triangle clean-up B. Comm. Constantine re Aug. 8, 1997 MPO meeting C. Co~n. Hancock re employee parking in public area D. Comma. Hancock re letter to Clerk Brock re Intellinet audit 15. STAFF'S COMMUNICATIONS A. County Attorney re Marco Island hospital property 16. CONSENT AGENDA - Ail 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 form the Consent Agenda and considered separately. Approved and/or adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVTCES 1) Recommendation to approve the final plat of "VillaGe Walk Phase Six". With stipulations and Construction & Maintenance AGreement and Letter of Credit 2) Recommendation to approve the final plat of "Avila Unit 0n e" . With stipulations and Construction & Maintenance AGreement 3) Recommendation to approve the final plat of "Avila, Unit Two" . With stipulations and Construction & Maintenance AGreement 4) Recommendation to approve the final plat of 'Avila, Unit Three" . With stipulations and Construction & Maintenance AGreement 5) Recommendation to approve the final plat of 'Avila Unit Five" . With stipulations and Construction & Maintenance AGreement 6) Recommendation to approve the final plat of "Avila, Unit Six" . With stipulations and Construction & Maintenance Agreement 7) Recommendation to approve the final plat of "Avila, Unit Page 6 July 29, 1997 Four" . With stipulations and Construction & Maintenance AGreement B. PUBLIC WORKS 1) Request the Board authorize the Chairman to sign an Environmental Resource Permit Application necessary to carry out repairs to Bridge 030176 (Vanderbilt Drive over Big Horse Pass). Moved to Item #8B2 2) Recommendation that that Board authorize proceedinG with judicial action for Prescriptive Easement Rights for Collier County and the public to a segment of roadway known as Miller Boulevard Extension and to direct staff to approach property owners to donate easement interests to Collier County. 3) Recommendation to schedule for advertisement an Ordinance creating the Radio Road Beautification Advisory Committee; providing for appointment and composition; setting forth terms of office; providing for removal from office; failure to attend meetings; providing for officers, quorum, rules of procedure; providing for reimbursement of expenses; setting forth the functions; powers and duties of the Committee; setting forth the duties of the County Administrator or his Designee; providing a review process; providing for conflict and severability; providing for inclusion in the Code of Laws and Ordinances; and providing an effective date. 4) Approve a Construction Change Order with Better Roads, Inc. for the Rattlesnake Hammock Road Four Laning Project, Bid No. 95-2441. In the net increase amount of $54,930.57 5) Recommendation that the Board of County Commissioners approve a Purchase AGreement for the sale of Surplus Property known as Quail Creek, Unit 2, Outlot "B", Plat Book 13, Pages 74-77. Approve Lumec, Inc. as sole source vendor of lighting for the Immokalee Downtown Streetscape Beautification Project. Approve a Construction Change Order with APAC-Florida, Inc. for the Vanderbilt Beach Road Four Laning Project, Bid Number 95-2438. In the maximum amount of $505,339.00; approval of a consulting engineering fee of $5,000 with Wilson, Miller, ~rton & Peek, Inc. under a supplemental agreement; and authorize an agreement amendment with WOI Co~nunities, LP for a $109,959.41 reduction in road in,pact fee credits. Page 7 July 29, 1997 8) Recommendation that the Board of County Commissioners authorize a Change Order to the Vaccaro Consulting, Inc. Agreement to develop a Functional Specification for DOR Utility Billing, Solid Waste, Special Assessment and Cash Receipts Business Functions. In the amount of $3,300 C. PUBLIC SERVICES 1) Approve the attached budget amendment that provides the funds to install a Johnson Climate Control System as part of the Marco Island Branch Library expansion project. 2) Award Bid #97~2701 to J. W. Craft, Inc. for the use of portable toilet rentals at all Collier County Park facilities. 3) Report to the Board on the status of Florida Communities Trust Preservation 2000 grant funding approval relative to the Sugden Regional Park and recommendation that the Board authorize its Chairman to execute appraisal agreements should additional appraisals be required by the trust. 4) Recommendation that the Board accept two quitclaim deeds for the donation of the property situated in Section 16, Township 52 South, Range 26 East, Collier County for park and recreational lands. 5) Approve the Tigertail Beach Concession Agreement with Cool Concessions, Inc. 6) Approve the budget amendment transferring funds from Personal Services to Capital Improvements in Fund 111 Immokalee/Everglades MSTD. 7) Authorize continuation contracts between Collier County and the Area Agency on Aging for Southwest Florida, Inc , for services to the elderly. · D. SUPPORT SERVICER 1) Authorization of Funding for the Payment of the Annual Systems Maintenance Agreement for the Human Resources Information System Software E. CO~AI~[INTSTRATOR 1) Budget Amendment Report. B.A. 97-326 2) Recommendation to increase the Airport Authority's fuel Page 8 July 29, 1997 budgets at all three airports so that the Authority can continue to supply AV gas and fuel to their customers. BOARD OF COUNTY COMMISSIONERS MISCELI2UNEOUS CORRESPONDENCE 1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED O~TTER CONSTITUTIONAL OFFICERS I. CO~ AT'PORNEY 17. ADJOURN PaGe 9 July 29, 1997 1 Il. Il 1].# i)EVELOPER CON'FRIIIUI'ION AGREEMENT THIS I)EVEI.OPER CONTRIBUTION A(;RI.;I.:MENT (hereinafter referred to as thc "Agreement") is made and entered into illin ~5 day ol' ~, 1997 by and between COI.I.IER COUNTY, a political subdivision of Ibc Stale of Florida (l~cinal'lcr referred lo as "County") whose mailing address is Administration Building. 3301 Tamiami Trail FmsL Naples, Florida 34112, and COMMERCIAL DEVELOPMENT COMPANY. ils successors and assigns (hereinafler referred Io as "Developer") whose mailing address 5150 Norlh Tamiami Trail, Suite 301, Naples, Florida 34104. WHEREAS, Developer is Ibc sole record title holder of thc real properly 0he "Properly") I~aled in tile unincorporated area of Collier County. Florida. prcscndy zoned for induslrial uses, said Property being described in Exhibit "A" which is allachcd hcrclo and made a part hereof: and WHEREAS, Developer represents thal no obligalion or undertaking hereunder is barred or prohibited by any contractual agreement with any other person or entity; and WIt ER EAS, County is desirous of making improvements and expansions to Livingston Road right- of-way along thc Property's southern boundary, for which lhe County has requested that additional right- oINway bc (Icdicalcd by thc Developer. said dedication of a portion of thc Properly being more completely described and depicted in Exhibit "B" which is attached hereto and made a part hereof (hereinafter referred lo as Iht "Contribution"); and WHEREAS, County Road Ill,pact l:cc Ordin:mcc No. 92-22, as amended, requires that thc value of thc Conlribution shall be based upon an appraisal of markcl value of Ibc Conlribulion; and ~VHEREAS. the County and I)cvciopcr have caused Ibc mnrkct value cf' file Conlribulion to be appraised; and OR: 2334 1 0:2788 WHEREAS, Developer will be submiuing p¢litions to tile County for Subdivision Mas~cr Plan. and Phi approval lbr lhe Properly; and WHEREAS, both parties to this Agrecmcnl acknowledge II, at the Road Impact Fee Credits established under this Agreement shall run with thc I'ropcrty. shall be assignable to any other pro,ny or any other develo~r ora land development prt~jcct in the County's Road Impact Fee District One. and shall be reduced by the amount of fl~e Road Impact Fee due for each building permit issued thereon, until all such Credit has been exhausted; and WHEREAS. both parties lo this Agreement acknowledge Road hnpact Fee Credits shall be a credit only against Road Impact Fees. atld [ll[it such Crc(lils shall nol offset, diminish or reduce any other charges, l~es or other impact fees lgr which I)cvck~pcr is responsible in connection with thc development of the Property; and WHEREAS. such proposed plan is in conlbrmity with contemplated improvements and additions to the transportation network; and WHEREAS. such proposed plan. viewed in conjtlnCtion with other existing or proposed plans. will not adversely impact thc cash flow or liquidity of any Road Impact Fee Trust Account in such a way as to frustrate or interl~re with other planned or ongoing growth necessitated capital improvements and additions to the transportation network; m~d WHEREAS. such proposed plan. viewed in conjunction xvith other existing or pro~sed plans. will not create a detrimental imbalance between the arterial and collector roadways: and WHEREAS. the proposed pla, is consistent with the public interest; and WHEREAS. both parties to this Agreement acknowledge that the tSqilt~rc of this Agreement to address any permit, condition, term or restriction shall not relieve either party, or their successors, of OR: 2334 PG: 2789 thc necessity of complying v,'ith mb, la,.,,,, ordinance, rule or regulation governing said permitting requirements, conditions, terms or rcslrictit)ns; WHEREAS, both parties to this Agreement acknowledge that the burdens and benefits of this Agreement shall be binding upon and shall inure to tile successc, rs in interest to thc panics to this Agreement; and WHEREAS, both parties Itl this Agreement acknov,'ledge that this Agreement is not to be constr~'ed as a development agreement Imder tile l:lorida [.tx'al Government l)x.'velopmcnt Aevn:.emcnt Act. W l'l'N NOW, TH ER EFOR E. for and in considcmt ion of tile premi scs and re,,p,&'tix c undertakings of the parties hereinafter set I'orlll and tile sum of 'I'[:.N I)Ol.l.Al,~S (S1U.(X),s. and olhcr gt~txl and ~.ahtabl¢ consideration, tile rec¢il':,t and sufficiency o1' x~.bich are b,..'rebv mulu;tlly acknov, ledgcd, it is agr~x-d by and between thc parties as follows: 1. 'file above recitals are true and correct and arc herewith incorporated as a part of this Agreement. 2. The Developer has tile right ltl com,'ev the Contribution. and at closing there will be no other person or entity who has any right in tile a/'t~resaid Conlribufion. The Developer knows of no defects in title of tile Contribution anti has identified any licnholders having any lien or encumbrance afl'ecting tile Contribution. Thc Developer ,.,.'ill be at~thorized to convey title to tile Contribution. Developer agrees to convey thc Contribution and County agrees that any right-of-way drainage shall be placed within tile Conlribution. 3. Tile Developer has provided a till~.' certificate rellccting tile record title holder of the Property and identified any licnholders having any lien or encumbrance affecting tile Contributior~. OR: 2334 PG: 2790 4. Thc Develol:~er shall nc, t ¢~lCtltllbcr or ¢olv,.'cy any ~)rlion of Ibc Comribution or any rights therein, nor enter inlo any agrc%'mcnls granti,lg any ik.r~m or entity any righls wilh rcs~l to thc Contribution or any part lhercof, without first obL'ni,g lhe wriucn con~nl of the County lo such conveyance, C~CtlIIIbraBcc OF agrccmcm. 5. The Developer shall conxc~ to thc ('l,tllll~ Xlll Warranty Deed and free of all liens and encumbrances, thc Contribtnio,, more txmictfiarly described in Exhibil "B". Devclo~r shall also provide County with an atorney's oppinion. Coumy shall be responsible for all recording costs. 6. This Agreement shall be el'l~ctive on the dale it is executed by said Devclo~r and the Counly. 7. Upon recording of deed. ~l~c Cot,nty hereby agrees Io grant lo Developer Road Impact Fee Credits pursuant to Collier County Ordimmce 92-22, as amended, for the l~air market value of the Conlrihution acreage described herein and in thc illHOuiit scl Ibrlh i~l l'aragraph 8 hereof. 8. Upon recording of deed, the Developer shall be entitled to a Road Impact Fee Credit in the amount of Seven Hundred Seventeen Thousand Nine Hundred Seventy and no/l~ Dollars ($717.970.~)); however, lhe obligation of I)cvclol~'r lo ~'rlbrm under this Agreement is expressly contingent u~n and su~j~x't to ~hc Cotmtv's appr(,val of a Subdivision Master Plan and Plat mutually acceptable to thc ~xclt,lx, r and to Ibc ('~,t:ntl h,r thc I'rolk'~}. Failure of this contingency of County a~nals ~ll d~k-~r~c &~ rck~ Ik~ clt~'r of anx t~hgal~m or liability u~'r this Agr~mt. Fc~ ah~ch thc IX'x clt,~.r or ~ls ~ucccs,t,r~ and a~slgns is rt~uircd lo pay R~r each building ~rmit which OR: 2334 PG: 2791 88! is applied Ibr on the Property, or other property located within l)evcloper's communities wilhin Ro~d Impact Fcc Districl One or as provided in Paragraph 10 herein, reducing the balance of the Road Impact Fee Credit by Ibc same amount due lbr each building permh so issued. 10. Up to Six Hundred and Five 'l'ht~usm~d Nine Hundred and Seventy Dollars (S605,970.~) of the Impact Fee Crcdils granted to Developer hcrcun(lcr shall be Iransl~rable and assignable in whole or in part to any successor or assign designated by said Developer, subject to credit application within Road Impact Fcc District One, as (lcfincd in Ordin;u]cc 92-22. Appendix B. as amended. In addition, such Impact Fcc Crcdils may be used by l)cvclopcr, its successor or assigns, Ibr any land development project in Road Impact Fcc Dislricl One, I 1. County shall provide Developer with a certified copy of this Agreement, including all exhibits atlached hereto, such that Developer's certified copy of Exhibit "C" (Road Impact Fee Credit Ledger), shall serve as the ledger sheet to dt~cumcnt Developer's balance of Road Impact Fcc Credits. County shall provide Developer, upon Developer's request, a copy of the County's Road Impact Fee Ledger Sheet reflecting credits issued. 12. This document incorporates all agrccmcms or understandings applicable to the matters contained herein, and the parties agree th:ti there arc no commitments, agreements or tmderstandings concerning thc st~bjcc't matter of this Agreement Ih:Il ;Irc ~1OI contained in this Agreement. Accordingly. it is agreed lhal no deviation of Ibc terms hereof shall be predicated upon any prior representation or agreements, whelher oral or written. It is further agreed d~al no modification, amendment or allcration of thc terms or conditions contained herein shall be cffcclivc tmlcss contained in a written d~ument executed with Ibc same Ibrmality, and tff equal dignity hcrcwilh, OR: 2334 PG: 2792 13. Unless olherwise specifically M:llk'd herein, tim, Agreement shall be guvcrned and construed ,. accordance with thc I.aws of thc St;tlc of Flt,ritl;t. 14. Developer shall bc enlilled to maintain one scpnr;tte conslruclion access poinl al a It~alion dc~crmincd by Developer and approved by ~hc ('ot,,y altm~ l.ivingston Road. Said access ~int shall be closed upon the earlier o[' availability Of all ahcrnalc access poinl or internal subdivision roadway, or two (2) years from the dale of rccordi,? m' ibc I)ccd lbr Ibc Conlrihulion. 15. I)cvclopcr ;~cknowlcdgcs Ih;, !he don;tlions or coniribulions contcmplalcd under thc agrccmcnl shall bc conslrucd and characlc~/cd ;~ x~ ork done and prupcrly rights acquired by a highway or road a~cncy for Iht improvcmcnl iff :l ro~ld x~ i[h~n ~he boundaries o1' a right-of-way. 16. Ctmnly shall record lhih A~rccmcnl in Ibc Public Records of Collier County. Florida. within l~urlccn (14) da~s of ils cxccu;ion by thc Ch;,rm:m ol' lhe Board of Cotmly Commissioners. 17. Either p;~rly Io lhis Agrccm~.m may file an aclion for inj,nctivc relief in the Circuit Court of Collier Courtly. Florida. to enforce Iht terms and condilions of this Agreement, said remedy being cunmlalive wilh any and all olhcr remedies ~vaitable lo ll~e parties Ibr enl%rcement of the Agreement. 18. This Agrecmem may be amc,dud or canceled only by ~l~e mulual consen~ of lhe parties Io the Agreement or by lheir successors i, inicrcsl. 19. This wriucn A~recmenl. i,cluding all exhibits auached hereto, shall constitme Ihe entire agreeme,t a,~d unclerslanding of the panics, and there are no prior lo conlemporaneous wriucn or oral agreemenls, understandings, promises, xv:trr',mlics or covc~a~lls not comained herein. 20. This Agrecmenl may be executed m cotmlcrparls, each of which shall be deemed an original, bul all such cotmlcrparls logelhcr shall con~lilmc Iml one Agrcemem. OR: 2334 PG: 2793 IN WITNIESS ~VH I-:RI'X')F, the (?¢'mrlty and Ibc Developer have caused this Developer Contribution Agreement to, be signed on thc day and ,,car firsl v. riltcn SIGNED, SEAl. El) AND I)ELIVEIH'~I) IN TIlE PRESENCE OF: Prinled or Typed Name Printed or Typed N. mc C(),'~IMI:.RCIAI~ I)EVELOPMENT CO,MPANY B).: -.~/..~__~~.. I,ta mcm l P B rni'r Prinlcd or Typed Na~ne l'rc.sident, Imperial Homes of Naples, Inc. 1',I1¢ S'FA'I'I': OF FLOIHDA COUNTY OF COLI.IER ~ q he Iorcgou'~g Developer C.umrfl~utltm Agrccmcm was acknowlcd,,cd bclbrc mc tills ~ __ da" of ~, 1997, by Raymond I'. licmicr as President, Imperial k~;mcs of Naples, Inc , gene~ of CommerCial Develol)mCnt Conm'ulv ~~t~JJt~tlox~-tO m~ '~Fc,L~c · .~' .- J/ 't-'4,' ~gi~Fff% t r'~ ~ , ..~ ;~ ~ ~" : "3~';' ~ ~'1 ' '~ ........... (Amx sc;d) 'r~ ~'~z.~(. L./] ) /i ':['L( ~"~' - r Signature of Notary Public ':~:AP, Y vUL, D, ',7.,,i E C.F FI.(~R;D ~ l'rimcd Name of Notary Public I co.~t~;r,.; ~'c, c'c~,~ NOTARY PUB[.[C ~ ~(YCO~ '{ c~ O3 EXP, DEC. 2&I~9 ~,T'I'ES'F: DWIGHT E. BROCK, Clerk , / Deputy Clerk "~ Approved as to form and legal, su fficiencyr H¢idi F. Ashton Assistant Courtly Attorney l~,y: ~ Timofl~y~.. Hancock Chairma'n .i' OR: 2334 PG: 2794 EXH~B IT "A" LEGAL DESCRIPTION The South 1/2 of the South 1/2 of the Southwest I/4 of Section I0, Township 48 South, Range 25 East, lying E.~st of U.S. Highway 41, Collier County, Florida, less the South 50 feet thereof previously deeded to Collier County for road right- of-way. AND The North 920 feet of the Southwest One-Quarter (SW 1/4) of the Southeast One- Quarter (SE I/4). lying West of the Atlantic Coast Line Railroad Right-of-Way. located in Section 10, Township 48 South, Range 25 East, situate, lying and being in Collier County, Florida. AND That portion of the Southwest Quarter (SW 1/4)of the Southeast Quarter (SE I/4) of Section 10, Township 48 South. Range 25 East. Collier County. Florida, lying West of the Atlantic Coast Line Railroad Right-of-Way, LESS and EXCEPT the South 50 feet and the North 920 feet thereof, and subject to a 30 foot easement along the West line thereof for road right-of-way purposes: --' Containing 41.71 total acres of land more or less; subject to easements and restriction of records. 2'COMM ERCI%LEG A LD ES D(JA OR: 2334 PG: 2795 EXHIBIT "B" Page 1 of 4 881 Hole, Montes & As.sodates ~ I F1ame~ I Scrveyc~ 715 l~th FAX {81~ 2~2.~74 6~2.F ~ ~ ~ ~9~9 FAX [81~ ~8~-1015 HMA FILE #85.31 MAY 31, 1989 PARCEL 13-T DESCRIPTION: ROAD RrGHT-OF-WAY. A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4.OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER P.L.S. #3741 STATE OF FLORIDA 10550 Al:~r'nalhy SIr~t ~:~-,ila S¢~, FL 33923 f813}O92~J~ COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FAX (813~ og2.23F! FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 89'59'18" W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 10 FOR A DISTANCE OF "25.43.48 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 10; THENCE RUN N. 02'13'14" W. ALONG THE EAST LINE OF THE. SOUTHWEST 1/4 OF SAID SECTION 10 FOR A DISTANCE OF 50.03 FEET TO'A POINT 50.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO! THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N. 89°58'55" W., PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10, FOR A DISTANCE OF 1458.03 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF C.R. 887 (OLD U.S. 41), A 150.00 FOOT RIGHT-OF-WAY; THENCE RUN N: 31'16'22 E. ALONG THE SAID EASTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 93.59 FEET; THENCE RUN S. 89'58'55" E., PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10 FOR A DISTANCE OF 1406.34 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10~ THENCE RUN S.-02'13'14" E. ALONG THE SAID EAST LINE FOR A DISTANCE OF 80.07 F~-'ET TO THE POINT OF BEGINNING, CONTAINING 2.63 ACRES, MORE OR LESS. BEARINGS' SHOWN HEREON REFER TO AN ASSUMED BEARING OF N. 89'59'18" W. ALONG 'THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 05/31/89 HOLE, MONTEs & ASSOCIATES, INC. THOMAS J. GARRIS o P.g,.2 of 4 OR: 2334 PG: 2796 ' · ~1 ,~'-_/ d.m'~n'~, ~.oz' ".'. ' . ./'~. ,~7 .' : s'~. ~ ,."~ ~%' . '~ :/~ / ~. / . ~'~'~" ~ NOTES: BEARING'~ SHOWN ~{EREON REFER TO AN .ASSUMED B.EARING .. N. 89°59'16" W.' ALONG THE SOUTH LINE OF .THE SOUTHEAST 1/4 OF · SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. .: SUBJECT TO EASEMENTS~ RESERVATIONS OR RESTRICTIONS OF RECORD. PARCEL 13'PARENT TRACT LEGAL'DESCRIPTION REFERENCES RECORDED IN O.FL BOOK 1321 AT PAGE 125~1. AND O.R. BOOK 10,51 <.AT PAGE 1681 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 13--T - PARCEL TAKE NOT A SURVEY ,,B,, OR: 2334 PG: 2797 Page 3 of 4 Hole, rvk:n/~ & Assoda~es ~ I Plar'~ I Scrveycx's 6202.F Prl~Jc~l~lill Cc.,J~ ~ My~e,.1.. FI. 33919 (8131.481.7874 FAX (BI~ .481.1015 1055<) Aberr~ath.). Slree! B<x',fla Scx. v,,g,~ FL 33923 (8t31 992-0~5 FAX (813) 992-2327 8 B 1 HMA FILE //85.31 JUNE 1, I989 PARCEL 23-T DESCRIPTION: ROAD RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION I0, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS .FOLLOWS: :, COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 10,' TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA~ THENCE RUN. N. 02'13'14" W. ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION'. 10 FOR A DISTANCE OF 50.04 FEET TO A POINT 50.00 FEET NORTHERLY OF, AS" MEASURE") AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHEAST 1/4 OF' ~AID SECTION 10 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN 1' DESCRIBED; THENCE CONTINUE N. 02'13'14" W. ALONG THE SAID WEST LINE FOP+.. A DISTANCE OF 80.06 FEET TO A POINT 130.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHEAST 1/4 OF' SAID SECTION 10; THENCE RUN S. 89°59'18" E., PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 10, FOR A DISTANCE OF 731.40 FEET TO A POINT ON A CIRCULAR C..~RVE, CONCAVE TO THE SOUTHEAST, WHOSE RADIUS POINT BEARS S. 83°56'32" E. A i~,TANCE OF 22'983.30 FEET THEREFROM, THE SAME BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF THE ATLANTIC COASTLINE RAILROAD, A 130.00 FOOT RIGHT-OF-WAY; THENCE RUN SOUTHW~S~'ERLY ALONG SAID RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE TO T~E LEFT, HAVING A RADIUS OF 22983.3 FEET, THROUGH A CENTRAL ANGLE OF. 00'12'0~f, SUBTENDED BY A CHORD OF 80.56 FEET AT A BEARING OF S. 05'57'27" W. FOR A DISTANCE OF 80.56 FEET TO A~ POINT 50.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE; SOUTHEAST 1/4 OF SAID SECTION 10; THENCE RUN N. 89'59'18" W., PARALLEL WITH THE 'SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 10, FOR A DISTANCE OF 719.95 FEET TO THE POINT OF BEGINNING, CONTAINING 1.33 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF 'N. 89'59'18" W. . . ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 48 -' SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR-RESTRICTIONS OF RECORD. SIGNED 06/01/89 HOLE, MONTES & ASSOCIATES, INC. BY ' P.L.S. //3741 ----. GARRIS STATE OF FLORIDA ........... OR:. 2334 PG: 2798 EXHIBIT "B" P.ge & of ~ 8 BE.~RJNGS. SHOWN HEREON REEER TO AN ASSUMED BEARING (~f N. 89°59'18' Wo ALONG THE SO[]TH LINE OF THE SOUTHEAST 'I/4 OF SECT1ON 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA., SUBJECT TO EASEMENTS, RESERVATIONS OR R~STRICTIONS OF' RECORD, PARCEL 23 PARENT TRACT LEGAL' DESCRIPTION. REFERENCES:' RECORDED IN (iX, FL, BOOK 1313 AT PAGES 1155. THROUGH 1170 AND O,P.. BO(~K 1314 AT PAGES 1697 AND 1698 OF THE PUBLIC RECORDS OF COLLIER FLO RI DA. . .PARC.EL 23-T - PARCEL TAKE .. NOT A SURVEY " *" OR: 2334 PG: 2799 EXHIBIT 'C' DEVELOPER'S ROAD IMPACT FEE CREDIT LEDGER IM.. PQ ~,TANT: This Road Impact Fee Credit Ledger is intended to &x:ument thc balance of Road Impact Fee Credits applying ONLY to the following property: The South 1/2 of the South 1/2 of the Southwest 1/4 of Section 10. Township 48 South. Range 25 -East. lying -East of U.S. l{ighway 41, Collier County, Florida. less the South 50 feet thereof previously deeded to Collier County for road right-of-way. AND The North 920 feet of the Southwest One-Quarter (SW 114) of the Southeast One-Quarter (SE I/4), lying West of the Atlantic Coast Line Railroad Right-of-Way. located in Section I0. Township 48 South. Range 25 East. situate, lying and being in Collier County. Florida. AND That portion of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 10. Township 48 South. Range 25 East, Collier County. Florida, lying West of the Atlantic Coast Line Railroad Right-of-Way. L-ESS and EXCEPT the South 50 feet and the North 920 feet thereof, and subject to a 30 foot easement along the West line thereof for road right-of-way purposes: Containing 41.71 total acres of land more or less; subject to easements and restriction of records. Beginning Balance ............ $ 717,970.00 DATE PERMIT NO. ROAD IMPACT IMPACT FEE CO. OFFICIAL DEVELOPER FEES DUE CREDIT BALANCE REPRESEN'FATIVE (Signatur{:) (Signature) 8 B 2 BEFORE THE BOARD OF COLLIER COUNTY COMMISSIONERS FLORIDA WILDLIFE FEDERATION, a not-for-profit Florida corporation, VS. COLLIER COUNTY, FLORIDA. Case No. / VERIFIED COM?LAINT FLORIDA WILDLIFE FEDERATION, a not-for-profit Florida corporation, files this Verified Complaint pursuant to Section 163.3215, Fla. Stat. (1995), against COLLIER COUNTY, FLORIDA, and alleges: PARTIES 1. FLORIDA WILDLIFE FEDERATION ("Federation") is a Florida nonprofit corporation, whose address is 5051 Castello Drive, Suite 240, Naples, Florida. The Federation owns real property in Collier County, which is more particularly described on the attached exhibit A. 2. COLLIER COUNTY, FLORIDA ("County"), through its Board of County Commissioners, is responsible for implementing the requirements of'the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Fla. Stat. (1995), including the statutory requirement to adopt a local comprehensive plan and to ensure that all actions taken by the County are consistent with its adopted comprehensive plan. 8 JURISDICTION AND VENUE 4. The Federation files this Verified Complaint against the County pursuant to Section 163.3215(1), Fla. Stat. (1995) 5. Pursuant to Section 163.3215(5), Fla. Stat. (1995), venue for this action lies in Collier County, Florida, because the challenged action occurred within Collier County. NATURE OF ACTION 6. The Federation challenges the validity of the County's action taken on July 29, 1997, which directed County staffto proceed with judicial proceedings and negotiations to obtain prescriptive easements and acquire other easements for Collier County in a parcel of land known as the Miller Boulevard Extension, which action was intended to provide public access to Southern Golden Gate Estates in Collier County. The basis for this challenge is that the County's action is inconsistent with and violates the Collier County Comprehensive Plan. The filing of this Verified Complaint is the statutory prerequisite to taking judicial action as set forth in Section 163.3215(4), Fla. Stat. (1995). STANDING 7. Florida Wildlife Federation is an aggrieved or adversely affected party as defined in Section 163.3215(2), Fla. Stat. (1995). The Federation's membership includes individuals who currently or in the future would utilize the area that would be adversely affected by the secondary impacts of development associated with the development of the Miller Boulevard Extension. The Federation is otherwise directly adversely affected in that it owns real property located within the parcel of'land on which the County wants to construct the road. 8 B 2 COUNTY'S ACTION IS INCONSISTENT WITH THE COLLIER COUNTY COMPREHENSIVE PLAN 8. The action is inconsistent with and violates the Goals, Objectives and Policies of the Collier County Comprehensive Plan, including by not limited to the following: A. Golden Gate Area Master Plan. Goal 2, which states as follows: The County recognizes that Southern Golden Gate Estates (SGGE), that area which lies south of State Road 84 to US 41 is an area of special environmental sensitivity and hydrologic importance and that restriction of'development and strict regulation of uses is necessary to prevent great harm to the public health, safety and welfare. The County shall develop an interim strategy for protecting its resources, promoting the restoration of SGGE, and assisting in the State's land acquisition and panther recovery efforts. B. Objective 2. I' Immediately upon adoption of this Objective, implement a system restricting public infrastructure in SGGE. C. Policy 2. I. I: Except for minimal road maintenance to include traffic signage, right-of-way mowing an road surface patching/grading, the County shall limit road improvements in the SGGE to placement of'an interim surface on portions of 8erson Boulevard. D. Future Traffic Circulation Maps. The Miller Boulevard Extension is not shown on the Future Traffic Circulation Maps. E. Future Traffic Circulation Improvements -1995-1999. The Miller Boulevard Extension is not listed on the County's Future Traffic Circulation Improvements Plan. F. Five Year Capital Improvement Element. The Miller Boulevard Extension is not listed on the County's Capital Improvement Element. G. Right of Way Preservation Acquisition Program. The Miller Boulevard Extension is not listed on the County's Right of Way Preservation Acquisition Program. H. Objective 6: The County shall coordinate the Traffic Circulation Element with the plans and programs of the State, Region, and other local jurisdictions. I. The action also violates goals, objectives and policies in the Natural Resources Element. 8 9. The acquisition of right of way, whether by prescriptive fights, acquisition or condemnation, in order to widen or improve Miller Boulevard Extension is inconsistent with the Collier County Comprehensive Plan amd is not consistent with the pla~s of the State and Federal agencies to restore the environment in this area. RELIEF REOUESTED. WI-tEP,.EFOP,.E, the Federation requests that the Collier County Board of County Commissioners determine that its action of July 29, 1997, is inconsistent with the Collier County Comprehensive Pkm and rescind its decision directing staffto acquire right of way and easements on Miller Boulevard Extension. RESPECTFULLY SUBM2TTED this~]~97' St. Petersburg, FL 33712-4539 (8 ! 3) 867-8228 CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT a copy of the foregoing has been served upon the Chair of the County Commission, Tim Hancock, the Clerk of the Collier County Board of County Commissioners and the County Attorney, David Weigle, Esq., at the Collier County Government Center, 3301 Tamiami Trail, E. Naples, 34112, by hand delivery or US Mail on this Z.~day of August 1997. Manl~ Fuller VERIFICATION STATE OF FLORIDA COUNTY OF LEON. I, Manley Fuller, being duly sworn, state that I am the President of the Florida Wildlife Federation, a Florida nonprofit corporation, and that I am authorized to represent the Federation before the Collier County Board of County Commissioners, and that I have read the foregoing Verified Compliant and that the allegations contained therein, and swear that they are true. Manley FulleF President Florida Wildlife Federation 2545 Blair Stone Pines Drive Tallahassee, FL 32314 (850) 656-7113 The foregoing instrument was acknowledged before me this~ff._~ day of August 1997, by Manley Fuller, who is personally known to me idem4f-~n and did/dM-eo~ake an oath. SWORN TO AND SUBSCRIBED before me this,.).__~_o "d'ay of August 1997. My commission expires: 1928040 OR: 2049 PG: 2060 ~ll ~lll. II THIS INDENTUre, made this 3I'L~ day of ~ _, 1995, Between ILLEN L. DOBSON, an unrmmarrimd widower, whose poet office address is 2219 Bonaventure Road, Savannah, Georgia 31404, G~O~, office address is 5051 Caste110 Drive, Suite 228, Naples, Florida 33940, ~ItA.NT~I. That said GRANTOR, for and in consideration of the sum of TEN A~D NO/100 DOLLARS ($10.00), and other good and valuable consideration to said GRANTOR in hand paid by said GRANTEE, the receipt and sufficiency whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE, and GRANTEE'S heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to-wit: N ~ og the SI 1/4 oE the aw 1/4 of the SW 1/4 of Section 25, Tol~nship 51 South, Range 27 lsat, Collier County, Florida. PROPERTY I.D. NI;MB£R: ~ GRANT~£(S) S.S. NUMBER(S): Subject Ko real estate taxes for 1994; zoning and uae restrictions imposed by governmental authority; restrictions and easements co~m~n to the subdivision; and outstanding oil, gas and mineral interests of record, i~ any. And said GP. ANTOR does hereby fully warrant the title to said land, and will defend the same against the lawful clal~ of all persons whomsoever. GP. ANTOR and GRANTER ars used for singular or plural as context requires. II{ WIT~rzss ~EREOF, GRA/~TOR ha~ hereunto set Grantor'a hand and seal the day and year first above written. Signed, sealed and delivered Printed Name of Witness 11 ELLEN L. DOBSON RECORD & RETURN TO: MAC'K]E & MARNELL, P.A. 5551 RIOGEWOOD DR. F/01 NAPLES, FL 339f~ *** OR: 2049 PG: 2061 2 8 B'2' Witness ~2 Printed Name of Witness STATE OF GEORGIA COUNTY OF CHATHAM ! HEReBy CERTIFY that on this day before me, an officer duly qualified =o take acknowledgments, personally appeared ELLEN L. DOBSON, personally known to me or who produced the type of identification provided and who executed the foregoing instrument and acknowledged before me that she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this ~ day of _~, 1995. Medicare Card T'ylDe of Identification Provided My Co~=nission Expires: My Comml$'~o. ~.x~l~ FeI~. 99, ~997- State of Geor i~ ~ · James E wa M ~ Printed Name of NotarY Public no k nown________Dn umber Notary' a Ccxnraission Number THIS INSTRUMENT PFLEPAR~D BY: Pamela S. Mac'Kie. Esquire Ma¢'Kle & Marnell. P.A, 5551 Ridgewc~d Drive, Suite 201 Naples, FL 33963 (813} 597-4339 AGREEMENT FOR SALE AND PURCHASE 8'C 1 THIS AGREEMENT is made and entered into by and between Avatar Propedies Inc. whose address is 255 Alhambra Circle. Coral Gables, Florida 33134 (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, whose address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WlTNESSETH WHEREAS. Seller is the owner o[' that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County. State of Florida, and being more particularly described as: Ail of Block 179, Golden Gate Unit 5 as recorded in Official Records Book 887, Page 1448, Coil er County Florida WHEREAS, Purchaser is desirous of purchasing the Properly, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the p~rties 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: 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set fodh, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. PAYMENT OF PURCHASE PRICF 2.01 The purchase price (THE "PURCHASE PRICE") for the Property shall be Seventy Seven Thousand Nine Hundred and 00/100 Dollars ($77,900), (U.S. Currency) payable at time of closing. iii..C.J. OSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") o1' the transaclion shall be held on or before sixty (60) days following execution of this Agreement by the Purchaser but nol later than November 1, 1997, unless extended by mutual written agreemenl of the parties hereto. The Closing shall be held at Ihe Collier County Attorney's Office. Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with lhe 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 Clos!ng, 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 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 Mechanics Lien and Possession Affidavit. 3.0113 Combined Purchaser-Selter closing statement. 3,0114 A "non-foreign person affidavit" as required by Section 1445 of the Internal Revenue Code. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 8 C 1 3,0116 Such instruments as may be required by the ~itle insurance undenNriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be 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 ad,,ersely since Ihe date of the last endorsement to the commitment, referenced in Section 4.011 lherelo, 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 lo the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating lo 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 lille lo the Property. The cost of the Owner's Form B Title Policy, issued pursuanl to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of lhe title commitment shall be paid by Purchaser. 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 padies or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall ped'orrn 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, issued by a national title insurance company, together with hard copies of all exceptions shown thereon. Purchaser shall have fifteen (15) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title olher than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. Permitted exceptions shall include, but are not limited to, the following: (1) applicable zoning regulations and ordinances of the county having jurisdiction over the use of the Property; and (2) real property taxes and assessments for 1997, which are not yet due and payable. (3) existing mortgages which shall be satisfied at or prior to Closing. 4.012 If Purchaser shall fail lo 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 title, Seller shall have thirty (30) days to remedy any defecls in order Io 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 two (2) 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 shall be deemed an election by Purchaser to purchase the Property in accordance with this Agreement. 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 Ihe State of Flodda. No adjustmenls to the Purchase Price shall be made based upon any change to the Iotal acreage of the Property. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. 2 V, LN~iPECTION PERIOD 5.01 Purchaser shall have Ihirly (30) days from the date of this Agreement. ("Inspection Period"), to determine through appropriate investigation lhat: 1. Soil tests and engineering studies indicate that the Properly 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 Propedy. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 5.02 If Purchaser is not salis~ed, 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 tnspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Adicle V 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 repeals and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 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 lhan twenty four (24) hours prior to said inspection of the Properly. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to lhe Closing. wi. ~.S~ 7.01 Purchaser shall be entilled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property. shall be prorated at Closing based upon the gross amount of 1996 taxes, and shall be paid by Seller. IX. ZF_RMINATION AND REMEDIES 9.01 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, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or othervcise fails to pedorm any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any fudher liability or obligation to the other except as set forth in paragraph 12.01 hereof. The parties acknowledge and agree that Seller's actual damages in 8 C the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 Should any litigation or other action be commenced between the parties concerning ~he Property or this Agreement, the pady prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be delermined by the court or in a separate action brought for that purpose. 9.04 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. X. ¢zE.LLER'S AND PURCHASER'S REPRESENTATI _O.J:~_S AND WARRANTIES 10.01 Seller and Purchaser represent and warrant Ihe following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all aclions and to perform all lasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform ils obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. Ail necessary authorizations and approvals have been obtained authorizing Seller and Purchaser Io execute and consummate the transaction contemplaled hereby. At Closing, cedified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 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 of every agreement and obligation on the pad of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 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 ~o Purchaser according to lhe terms of this Agreomenl. 10.015 No party or person other lhan Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any podion 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, 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. 10.017 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 they have (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 Properly, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowtedge that there is ground water contamination on the Property or potential of ground water contamination from neighboring propedies. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior lo Selter"s ownership thereof. landfill. o u Seller represents none of the Property has been used as a sanitary 10.018 Seller has no knowledge thai lhe Property and Seller's operations concerning Ihe Property are in violation of any applicable Federal, State or local statute, law or regulalion, 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. 10.019 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. 10.020 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 governmenlal 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 effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding lhat Seller will not cause the zoning or physical condition of the Properly lo 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 lo 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 lhe facts contained in the foregoing represenlations 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. 10.022 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. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asseded 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. 10.024 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. 11.01 Any notice, request, demand, instruction or other communication 1o be given to either party hereunder shall be in writing, senl by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Wilh a copy to: If to Seller: Office of Ihe County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Dennis German, Esquire Executive Vice President Avatar Properties Inc, 255 Alhambra Circle Coral Gables, Florida 33134 801 11.02 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. XII. REAL ESTATE BROKERS 12.01 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. 13.01 This Agreement may be executed in any manner or counterparts which together shall constitute the agreement of lhe parties. 13.02 This Agreement and lhe terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure Io Ihe 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. 13.03 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. 13.04 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. 13.05 Ail 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. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asseded, 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. 13.07 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. 13.08 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. 8 g I 13.09 If the Seller holds the Properly 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 Statules, 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.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 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 modiification 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 hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: '~/>.~\",-\ ',', ,,~."~ AS TO PURCHASER: ATTEST: DWIGHT E. BROCK, Clerk ? DATED: 7/16/97 WITNESSES: (Signature) ~/' (Printed Nar~e) (Sig (r~iture)"-" (Printed Name) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ...--~,-, ,..- . ,- // ./ 71MOTHM/L. HANcocK, Chairman .... / AVATAR PROPERTIES INC. DENNIS GETMAN, Vice-Presidept Execut: ,i ye Approved as to form and legal sufficiency: Her~'~li F. Asht;n '" Assistant County Attorney 802 IU!SOI.U'I'ION NO. 97- 301 RF,SOLUTION AMF,NDING TI IE COLLIER COUNTY PARKS AND RECREATION DEI'ARTMENT FACILITIES AND OUTDOOR AREAS LICF. NSE AND FEE I'OLICY; ALSO I(EPI~ALING COLLIER COUNTY RESOLU'FIONS NOS. 96-364, 96-467 AND 96-556 WIIEREAS. the P, onrd of Counly Commissioners on August 13, 1996, adopted Resolution No. 96-364 and thereby adopted the Collier County Parks and Recrealion Deparlment Facilities and Ouldoor License Fee Policy WI IEREAS, the Board of October 15, 1996, adopled Resolulion No. 96-467 and on December 3, 1996, adopted Resolution 96-556 to amend various pads oflhe policy and W11EREAS. the P, oard of Counly Commissioners finds that Ihe adoption of the attached (£t,rll~er revised) Parks and Recreation Fncililies License Fee Policy is in the best iutcrcst oflhe citizens of Collier County. NOW, TllEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIFAt COUNTY, FLORIDA that: SECTION ONE: The Parks and Recreation Facilities License and Fee Policy attached as Exhibit "A" is hereby adoplcd. SECTION TWO: Thc License and Agreement Fom~ attached as Exhibit "B" is hereby approved. SECTION TI IREE: The Standard Form Concession Agreement attached as Exhibit "C" is hereby adopted. SECTION FOUR: Resolutions Nos. 96-364, 96-467 and 96-556 are repealed and superseded by this Resolution. This Resolution adopted after molion, second and majority vote favoring same. Dated: ',' .O '; ;' · AqWEST: I)WIGII'F E. BROCK, Clerk Approve,'t as t'o' form and legal, sufficiency: ThoMas C. Palmer Ass~z~,",nt County Attorney P, OARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY pl. l R POSE Thc purpose of this policy is to ensure maximum usc of facilities, outdoor areas and programs in Collier County and provide equitable fees and charges collected from users of such thcilities, ouldoor areas or programs. !I. LIMITATIONS Thc [)arks and Recreation Director. or designee, may waive enforcement or application of an.,,' of these regulations or restrictions with respect to any thcility, outdoor areas, or program provided such waiver does not interfere with public safety or enjoyment. No fees may be waivcd~ ..' . ~ . No non-government entity shall charge an admission fcc Io an)' out of doors event including_.4_quatic Facilities. The Board of Count.,,' Commissioners shall set fees and charges for all facilities and programs. Consistent with (._7oilier County's policy of ensuring all citizens equal opporlunity to participate in programs, any resident requesting special consideration must substantiate to the Parks and Recreation Director proof of financial need. All information provided is not confidential but will be used only for the purpose of establishing reduced or waived program fees. Rates and chargg!.can be modified on a case by case basis ifa~the Director of Parks and Recreation for s~romotional sales and advertisements. III. CLASSIFICATIONS A. Facilit35I. icensc Definitions and Uses Outdoor Areas: Open space or land owned or leased by thc Parks and Recreation Department. Such outdoor areas shall include, but not limited to. sports fields. playgrounds.~ools and/or other park and recreation land areas, excluding Golden Gate Community Center. (As to Golden Gate Community Center. refer to Section M, O herein). Outdoor areas shall be used for those purposes designated or implicit in their character. Any deviation from normal appropriate usc shall require express prior permission from the Parks and Recreation Director or designee. Facilities: Buildings and dwellings owned or leased by the Parks and Recreation Department. Such facilities include, but arc not restricted to, community center areas and rooms, gymnasiums, ~mk'~g-,~, pavilions, shelters, and other areas located in thc Parks and Recreation structures, excluding thc Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section M. O. herein). Facilities shall be used for those purposes designated or implicit in their character. 8'C 2 Any deviation frtml these ir, ended normal uses shall require express prior permission from thc Parks and Recre.'nion I)ireclor. or Designee. Pr_l[!2grams: Recreation actMties conducled on land or in facili,ics owned ~r I,.';,sed by Collier ,Ct'~unty. Such activities include, but ,are not restricted to. athletic, clinics. instructional, interpretative, seminars - preschool, youth, aduh. senior and s!m.'cial populations. Any devialion from tl~cse intended normal uses shall reciuire express permission from the Parks and Recreation Director. or designee. Vehicle Parking. Fees_: Parking Iols at Collier County b,.'ach parks and access. inchlde, but nm limited lo. thc ft*llowing: Tigcrlail Beach. Barcl'ooi Beach Access. Barefoot Beach Park. ('lam Pass Park. Vandcrbilt Beach. (it,Il'shore Access. and South Marco Beach Access. Boat Vehicle Parking Fees: Parking lots al Collier County owned and c, pcrated Ix~at launch facilities lo include, but not limited lo. 13ayvicw I'ark. Cocc, l'mtchee River Park. Caxambas Park. 1½. USER CA'FI:.(i()RII'~S - AI'PI.ICABI.F. TO Al.l. INDOOR AND OtYI'I)()OR ARI'~AS Governmental entities arc not subj.cct to, I'ees. All c~ther facility users shall have their fees determined bv thc cate ,or,,' of'tl~c entity. The two cale~ories are: 8 C ;:, ('ATI!(i()RY I - Federal Income Tax Excm~istered Charities N~-For- A. I:edcral hlconle Tax ~titics. ~~c fee ~ich arc exempt from taxation under any :'¢ubsection of Scction~ internal r~.'x'erlt~¢ code. 13. S_.pecilScd Sales Tax l:'xen2.LEkJ.;nlilies. 'g~ur license tee Those entities which arc~Florida salcs~rsuant to Subs_.___cction 212.08 7_8_8_8_8_L~,~lorida Statutes as a_~home for the ~ I~ne Ires ice or as an ~ whose~pzimarv r~umose is to mvidc s cial educational cuhurall rccreatic, nal or sc, c~d benchts to m~nors or is arch ,inu~bl,..,~ educational or veteran's or~ation. ('. l.ocal NnI-I:nr-l'rnlil (;mtl~ hmfr license fi:¢ 8 C 2 I';mitics irrcs ¢cllvc ~d' lax cxc~~ which ar,ff ~itms ~r -thor n~d-l~r-~rol]t entities that :irc ~1' C'ollicr Iheir~cadon in Collier Cotllltv at least fifty e~enl IllCJllb~ ;irc rcsidcms ~t' (',llicr ('OlltllV with ~~~vic~ st~cial services 1o olhers or Io~inlcresls Oulsiclc of ll~c ,rou ~ ~vimnmen~ cndan~rcd anima~ disadvam~somc off,er similar external imcrcst. ~rimarv l~CtlS ol' IJlCSC ~oulward Io(~kin~ and aWa~crs~ma[ interests of tl~c~cmbcrs. I). ()thor l,~cal N~t-For-Prol]l (;r(~ $5.00 per h<~ur license fcc Tho.sc cnlilic~xc~ ~ t.slaltls which arc not-f'or-~ ~~n,s tlr olhcr nol fl~r rofh cnlific~ that arc oJ' C'ollicr County ori fin ha~' ll~cir ~ Iocali(m in ('oilier [~t~ll ' ~~/~ ,Hhc ,rou s mcmbcr~,nls t~2~Hicr Counlv but thc ,rou ~man' u oscds L~rovidc social services to individuals xvh(~ arc m~l btma licit members of Ih~roti or ~rolccl intcrcsl~ outside of Ibc ~s cate ,on' includes ro oxvners' associafi(m~ical 'rou s and all olhcr ~~ed clubs such as hobbvisl~s chess clubs radio clubs~untcrs and fishermen clubs coin. and other collcclors' club~ardcn club~~ar clubs ~mizatit~ns. Thc ~riman' fi~cus al' fl~csc ~nward reward die ~'s members. F.. ~ Fund r-R-aisin, ~Activities 'mc4.u~: Each C'a~c_gorv I individu~zadon or cmitv invnlvcd in acli'vitv llltlSl ~ ~'~es. Fun~ilies inchlde._.___~ I. Ch:lrginLz in advance fi~r an admission lick¢l or requiring any langiblc lhing o1' value fi~r admission m. or lo pa~icipalc in. any activity al any ('Otlllty parks fi~cilily. 2. Requiring any donalion of money or any other ~angiblc lhing of moncla~' value, or. 3. Selling or bartering any tangible thing of monelaD, value I:tmd~ acli'~'ilics do not include: I. ."-;casnn sign up IL'cs I't~r persons lo oin ]cagt~c tls 11 [c;1111 member or team participant: 8 C 2 The Ssale of educational materials for use as study materials for students attending class conducted at the park facility. Such sales must be at or below the seller's actual costs. 2. CATEGORY II- All Others A. F. ach individual, group, organization or entity that is not within Category I. IV. FEE STRUCTURE - (All fees are exclusive ofsales taxes). A. Cate~ -~. Facility Rates cxcludin, lea ,uc raclice and S ccial Facilities i.c. Swimmin, ool etc. Facili~, Type Type of Usage · Ag Indoor Facilities ~ G 'mnasium an size General - A.44 Outdoor Facilities & Pavilions General Athlcti___._~c General Rate Per ltour FUND RAISING RATES 20.00 ADDED TO HOURLY RATE ABOVE B. ~11 * User Fees I. FACII,ITY RATL:S (L:xcluding Special Facililies i.e. Swimming fools etc.) Facility Type Area in Sq. Ft. Base iiourly Fee Indoor l Jnder 1500 Deposit Required $25.00 $ 30.00 45.00 50.00 60.00 70.00 60.00 100.00 Indoor 1500 - 3000 Indoor 3000 & Over (}vmnasium ()utdoor ~ ~ small area 10.00 Outdoor 4400--34:kqo ~ ~ ~ 20.00 Football/Soccer/Softball/Baseball 45.00 l.ittle League/Sports Pavilion/ Roller Hocke. x Basketball/Racquetball/Volley ball -14M¢0-12.00 Tennis Court 12.00 10.00/hour :UND RAISING RATES.S20.00 ADDED TO I IOURLY RATE ABOVE C. Additional Fees: Catel~ries I and I! 25.00 35.00 50.00 Description Rental during non-business hours (hours lhat are not normal departmental operation) Additional non-security staff members l.ight fees (where not specified) Additional securi!.y staff members Special requests or additional clenn up required Additional Fee Per flour $20.00 4-0,00 15.00 per staff member ~ I 0.00/hour 20.00 per hour fee determined by de artment based on co~ Per hour fee determined by dcpnrtment, based on cost I). Vehicle Parking Facilities 8 C 2 Beach and heat parking Ihcililies. including but not limited to. Barefoot Beach Park. Barclbot Beach Access. Vandcrbilt Beach Park. Clam Pass Park. Gui f Shore Access. Tigcnail Beach. South Marco Beach Access. Cocohatchce. Bavvicw ['ark. and ('axambas Park have a [be. inclusive of sales tax. at n rate of $5.O0 per day. Collier ('ounty residents with beach parking permits will be exempt I>om thc 53.i)O per day fcc. ('oilier County residents may obtain a beach parking permit at no charge. Vehicles wid~ permits will not be charged n fee. Boat vehicle parking pen'nits may be purchased by all residents or visitors ['or an annual fee of$60.OO. Pcmfi~s are available at all Collier ('ount.v Parks and Recreation community centers. 1!. Concession Fees Concession Booth/I.ocation in con'unction xvith Rental A $25.00 fcc per day or 20% of gross revenues per day. whichever is greater, for each concession booth or location. Conccssionnircs conlractcd by thc County lo serve Ihe general public will pay a ncgt~liatcd fcc in lieu iff' thc general ['acility usc fee schedule. 3. {_~anizations o cratin, concessions for Ica ,uc~r,ed 3.00 er hour ~cration. F. M;~rkctin.u Fees 1. Marketing fcc o1'$5.00 included in. hut not limited lo. Ibc following. instructional classes meeting more lhan once. special instruclional programs. Aflcr School Camps. County Athletic Leagues. 2. Pay per class programs. ~ ~ pay a marketing fee ~ person G Inslructionnl Fees I. Programs Fee Assessment: per hour or per participant basis. 2 .Non-Staff'Instructor: marketing fees and an)' costs for supplies and equipment ,,rill be subtracted from the'class fee and the balance of the funds will be split between thc non-staff instructor and the Counl.v on a 70% (non-slaff instn.]ctor) - 3[')0/o (Courtly) basis. !I. Afldctics 8 Collier Count Parks and Recreation' Lea ,ues Program Minimum Registration Fee per Participant per League Play Adult $28.00 Youlh 28.00 Colli~x Coum Parks and Recreation Co~ Fees applicable to Category I users only League Type Fee Per Participant Per League Play/Per Seaso__.._.___._._.~nn Adult $28.00 Youth ~ ~~~ er week oflea,ue la includes la offs or all-star la 3. Toumament._s Description Fee Non-Refundable Deposit OR Cancellation Fcc $25.00 All Cate,o I ,rou swill bec~ With~ )o.oo~ 15.00 ~crhour Minimum overall fee per da)' . . Ail Cate o II ,rou s will be char ed With~ Clinics: I. 70%-30°~ or individual and Count 30% 2. ltourl rate forfacilit fund raisin, 8 C I. Collier County ~ue! Centers I. Court Fees (fees exclusive of sales tax) ~'rennis ~ ~ Indoor Racquetball 6.00/1.5 hour per pcrson l.ights .'.--%(koJ-l-j.4~.e~ 3.00 per hour Annual Permit Fees (fees exclusive of sales tax) Annual Permit, Jtmior 50.00 Annual Permit. Adult 175.00 Annual Permit. Couple 250.00 Annual Permit. Family 325.00 , , . . · Permits sold to Collier County residents only Equipment Rental (fees exclusive of sales lax) Racquets $ 2.00/I.5 hour Ball l lopper 2.00/1.5 hour Ball Machine 8.00/I .5 hour Room Rental - Based on County Fee Policy Instruction Fees (fees exclusive of sales tax) Privalc (I hour) Private ( V, hour) Adult Group Jr. Tennis Class $40.00 25.00 40.00/participant 40.00/participant *Instructional fees include a $5.00 marketing fee. 5. Programs and Special Events Fees determined by formula: minimum 10% over cost Retail Sales Fccs Retail sales items standardly marked up 50%-100% depending on local market prices and industry standards. The minimum mark up is 50% and tile maximum mark up is 175%. Merchandise in inventory more than two years or damaged merchandise may be priced below tile minimum 50% mark up. 8C2 .I. (\filler Cmmt A~ u~li~'~,; -Na Its and b.__._Ammkalck l~c a's m uatic I'aci li_.~t v rates_. 1. Entrance Fees (includes sales tax) Under 3 yrs Youth (3-17 ),'rs) Adult Senior (60+yrs) Naples Free $2.00 $2.50 $2.00 Immokalcc Fmc_g___ 1.00 1.50 I .O__._Q 2. Pass [:ecs (cxch,sive of sales taxi Type Youth Adult Senior [:amily Naples 3 month $40.00 $60.00 $40.00 100.00 Immokalec 35.00 55.00. 35.00 90.00 Naples Annual 60.00 80.00 6(I.0(I 225.00 Immokalce 50.00 75.00_ 50.00 210.00 Swimmin, In~ctional Fccs Children's ½ hour ctasscs $35.00/parlicipant Children's DA hour classes 40.O0/parlicipant Adult 'A hour classes 40.O0/parficipant *Instructional fees include a $5.00 marketing fee 4. Pool Rental_as (exclusive of sales tax) Each pool includes one staff member. Additional staff: $10.O0/hour per lifeguard. ½ Main Pool Entire Main Pool Slide Activity Pool $30.00/hour $60.00/hour $30.00/hour $30.O0/hour Sct..__mols. Public Schools are fee exempt, hmvcver they are required to pa),' $10.00/hour per lifeguard or instructor, if not during regular operating hours. K. Collier County Fitness Ccnters_rk~_N~Na les and Immokalee 1. Entran._.~ce Feet (exclusive of sales tax) Daily Walk in tee $4.00 2. Pass Fees (exclusive ofsalcs tax) -Wq, t41- Month 3 Months Annual $4-5-g~ 35.00 70.00 160.00 (Additional immcdiate family membcrs includin, g..a!9_dents under 4-0 2,1 years) $75.00 each additional annual I0 I...Combination Pool/Fitness Annual Pass Co orate Discoun! a .lies 100 each addi6onal fi~rn'd member u to :24 ears ofa,e M. Co orate Discount on Annual Passes Discount does not apply to additional family members Based on employee participation. '~ 10-2.___~4 25 and above Discoun____._~t 20% 40% 50% Collier Count SummerCam s and After School Pro ,rams Summer Camps Naples/Marco immokalee/Ever~ First child $400.00 $300.00 Additional child (same household) 350.00 250.00 3 Week session only 175.00 125.00 · Summer Cam has no marketin, fcc. After School Camps Naples/Marco Entire school car cost ~ ~ ~ 5.00 I Day Camp 15.00 /".aster Camp - per week 55.00 Phristmas Camp - per week 55.00 lmmokalee 5.0____~o 15.00 40.00 40.00 Holiday Camps and After School Programs include a $5.00 marketing I1 (). (;o den (;ate 'ommuni ,Center I. Golden Gate Taxing District Boundaries: West Boundary: Santa Barbara Blvd. To I.ogan Blvd. To I" Ave. SS East Boundary: Canal 1 mile east of County Road 951 North Boundary: l" Ave. SW over 951 Blvd and White Bird to the canal located 1 mile east of County Road 951 South Boundary: Palm Springs subdivision and Radio Road to Santa Barbara · Organizations in classes I. II. Ill. or IV declaring themselves as district must show prool'ofat least 50% membership within the taxing district. Class I: Charitable. Nm-For-Profit organizations Class I[: Not-For-Profil organizations Class 1[I: Civic or Governmental organizations Class IV: Commercial or For-Profit organizations and an'other ,rou or individua___!. Auditorium: $200.00 All Other Rooms: 50.00 Rental Fees A. Rooms A.B.C,D. Annex 1.2 and 3 Category Golden Gale Taxing District Class I Class 2 No charge No charge No charge $6.00/hour Class 3 Class 4 Outside of Taxing District No charge Fee approved by Community Center Advisory Board No charge $12.00/hour 12 B. Auditorium Category Classes I & 3 Class 2 Class 4 Golden Gate Taxing District Outside of Taxing District No charge No charge Fcc approved by Community Center Advisor, Board $20.00/bour until 10:00 pm $40.00/hour after I 0:00 pm Fcc approved by Community Center Advisor, Board $60.O0,qmur until I0:00 pm sg0.OO/bour after 10:00 pm C. Gymnasium - Fees (;overned by the Patios and Recreation License Policy Category Class 1 Fund Raising Class 2 Fund Raising · Classes Ill. IV and-~ will General Fee $30.00 .per hour an',' size ~20.00 added to hourly rate above $60.O0/hour any size. _$_2_20.00 added to hot,r~Lr3.tc above be required to pay sales tax. Service and Sale of Alcoho~ A. Serving oFAlcoho ~ These provisions apply For any event where alcoholic beverages will be available. No alcohol may bc made available without a valid Certificate of Insurance on file at tile Golden Gate Community Center. I. riser categories Class I and Class Il. as previously defined itl Mt.. 0(2). tile user mt, st present a General Liability Policy for the date oFuse which specifically 13 includes contractual liability and host liquor liability in an amount not less than five hundred thousand'dollars ($500.000) at least fi'mr (4) weeks prior to ibc event. As determined by the County Risk Management Director. in ~l~e event of above average exposure five hundred thousand ($500.000) liability coverage shall be required. In lhc event ol'unusual or high exposure one million dollar ($1.00('L000) liability shall be required. B. ~'Alcoholic Bevcra,cs the event any user intends to sell alcoholic beverages, they will he required to meet all State requirements regarding the sale of alcohol and oblain all required pcmfits. Copies of said permits shall be filed with the Center Supervisor. The ('truer Supervisor shall contact Collier County l)cpamnent of Risk Management insurance rcquircmcnls. (" P'ui'~~i°n'~~coholic/lex'cra ,cs I. It is tile responsibility of the user that no alcoholic beverage shall be allowed outside assigned meeting room(s) auditorium. 2. Thc user is responsible to ascertain that no alcoholic beverage shall be served Itl any person under the age o1'21. 3. The user shall be responsible fi~r the behavior o/'any panics with tile user's group. 4. The user shall be responsible to assure that no alcoholic beverages are sen'ed during thc last thirty (30) minutes of'user's scheduled event. 5. The user will be responsible lbr supplying a Ccrlificatc of Insurance at least four (4) weeks prior to scheduled event (sec insurance provisions). 6. Thc user will be responsible to comply xvith Florida Statute. Chapter 562. 7. The user must abide by all other operational policies and procedures of the Golden Gate Community Center. Any violation can resuh in tcrminaticm oflbe cVell[. 2 14 Youth Sports Cost Comparison ~les Litt~ 1996-97 200 youth Fall Season 8 weeks = SS.00/child or SI.00/week Spring Season 14 weeks = $8.00/child or $ .57/week All-star's (15 youth) ~ Total 26 weeks = $16.00/child · 200 youth =53,200 about .68/week 199%98 200 youth Fall season Spring Season All-star's (15 youth) Total 8 weeks = $ .70/week · 200 youth = 51,120 14 weeks = S .70/week · 200 youth ~ 51,960 4 weeks -- $ .70/week x 15 youth --_$__.~ $3,122 Last year NNLL charged about 558 per child per season - NNLL is run by volunteers Na les Youth Soccer 1996-97 200 youth One season 28 weeks -- SS.00/child · 200 youth -- $I,600 or$ .28Iweek 1997-98 200 youth Full Season 28 weeks x S .70/child x 160 youth = $3,136' H.S. Season 10 weeks · $ .70/child x 40 youth =, ..$.~ 53416 Last year NYS charged $365.00 per child - NYS has a paid master coach *This assumes that all teams play 28 weeks--some will advance in post season play similar to the NNLL all-star team above 1997 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND VISIT NAPLES. INC. FOR ECONOMIC DISASTER RECOVERY PROGRAM 8£1 Tills AGREEMENT, is made anti entered into this ~-:.I day of _._J~.J~_~ ..... 19q7, by anti between Visit Naples, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WIIEREAS. Ire COIJNTY has adopted :~ Tourist Development Plan (hereinafter referred to as "Plan") Funded by proceeds from thc Tourist Development Tax; and WHEREAS, the Plan provides that cerlain of the revenues generated by the Tourist Development Tax arc Io bc allocated for thc promotion and advcrtising of Collier County nationally and internationally and for Iht promotion and ~dvcrlising of activities or events intended to bring tourists to Collier County~ and WHEREAS, Collier County and the Collier County Tourism Committee entered into a Tourism Grant Program Advertising and Promotion Agreement dated December 7, 1993, as amended by First Amendment dated October 4, 1994, to Fund an economic disaster plan in the aggregate amount of $903,900.00; and WHEREAS, Collier County and the Collier County Tourism Committee entered into a Tourism Grant Program Advertising and Promotion Agreement dated May 9, 1995, as amended by First Amendment dated July 25, 1995, to fund the economic disaster plan in the aggregate amount of $647,615.00; and WHEREAS, thc Agreements described above have terminated; and 8 E 1 WHEREAS, Visit Naples, Inc. desires to coordinate thc advertising and promotion for hurricane/natural disaster marketing; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for the advertising and promotion for hum- cane/natural disaster marketing; and WHEREAS, the COUNTY desires Io fund Ihe proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: I. ,Sff-~~: In accordance with the Budget attached as Exhibit "A", the GRANTEE shall provide either Level A or Level B or Level C advertising to counter negative public relations resulting from a humcane or natural disaster pursuant to this Agreement. 2. P_.A.Y_.MISNT: Thc amount to paid under this Agreement shall be a maximum of One Million Forty-Seven Thousand Three Hundred Fifty-Eight Dollars ($I,047,358.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for thc promotion and advertising expenses as described in Section 1 upon submittal of ar, invoice and upon verification that the services described in the invoice are completed or that goods '.;ave been received. As this funding is emergency in nature, all efforts will be made to cxp,:dite ,'~ayments and payment process will commence upon invoicing. GRANTEE will provide verification of services to COUNTY prior to receiving payment GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Manager or his designee. The County Manager or his designee shall determine that the invoice payments arc authorized and thc goods or services 2 8 E 1 c )vcrcd by such invoice have been provided or performed in accordance with such authorization. The budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with thl.; Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit Ihcrcofand shall be supported by copies of'corresponding vendor invoices and proof of receipt of goods or pcrforn~ancc ofthe services invoiced. GRANTEE shall certify in wriling thai all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. Tile COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with thc la~v. GRANTEE shall be paid for its actual cost not to exceed the total amount For various line items and up to thc maximum amount budgeted pursuant to lhe Attached "Exhibit A". The amounts applicable to thc various line items of Exhibit "A", subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at thc discretion of GRANTEE. Adjustment in excess often percent (I0%) of any line item must be authorized by the County Manager or his designee. 3. ~ Only eligible expenditures described in Section I will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's ~vrittcn rcquc:q to repay said funds. COUNTY may request repayment of funds For a period oFup to one year ;~D.,..:r termination of this Agreement or any extension or renewal thereof. 4. ~: GRANTEE is required to submit a Ccrlificatc o£ Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. Tile certificate must be valid for the duration of this Agreement, 3 8 E 1 and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than thc following amounts: BODlLY lNJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutor-y The Certificate of Insurance must be delivered to the County Manager or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which arc to be funded pursuant to this Agreement until the Certificate of Insurance has been received by Iht COUNTY. 5. ..I?xF, P_Q.,[LT~: GRANTEE shall provide to County a report on service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. Thc report shall identify the amount spent, and the services provided 30 days after payment is received. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. : GRANTEE may select Vend{~rs or subcontractors to provide services as described in Section I. COUNTY shall not be respor,.~ible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, objccl to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 8 £ 7. ,[~2~t~LCikI~: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actiovs including attorney's fees and all costs of litigation and judgments ofany name and description arising out ofor incidental Io the pcr[ormance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee ofthe named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limiled in any way by the agreed upon Agreement price as shown in this Agreement o'r thc GRANTEE's limit of, or lack of, sufficient insurance protection. 8. ]SLO_Ii.C.~: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served il' mailed by registered or certified mail to the GRANTEE at thc following address: Visit Naples, Inc. c/o Tammie Matthews, Managing Director 1400 Gull'Shore Boulevard North, Suite 218 Naples, FL 34102 All notices from tile GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to tile COUNTY to: County Manager Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Tn,: GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. '~Q~: Nothing herein contained shall be construed as creating a partnership between tile COUNTY and the GRANTEE, or its vendor or subcontractor, or to consthutc the GRANTEE, or its vendor or COUNTY. 8 E 1 subcontractor, as an agent or employee of thc 10. ~: Thc COUNTY or tile GRANTEE may cancel this Agrccment with or without cause by giving 30 dltys advance written notice of such termination pursuant to Section 8 and specifying thc effective date of termination. If the COUNTY tcrminatcs this .," grccnlcnt, tile COUNTY will pay thc GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to thc effective date of thc termination so long as such expenses arc eligible. 11. GENERAL ACCOUNTING: GRANTEE is required to nlaintain complete and accuratcaccountingrccordsandkceptourism flmdsinascparatccheckingaccount. Allre','cnuc related to thc Agrccmcnt should bc recorded, and all expenditures must be incurred withm thc tcnn of this Agreement. I2. AVAILABILITY OFRECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pcrlaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized rcprcscntativcs, shall, unt:l thc cxpiration of three (3) years after final payment under this Agrccmcnt, have access to, and ~l~c right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without thc prior written consent of thc COUNTY. 14. .IJ,2~d.: This Agrccmcnt shall become effective upon execution by COUNTY and shall remain el'fcctivc for ten years. 15. REQUIRED NOTATION: All promotional literature anti must promincntly list Collier County ils one of'thc sponsors. 16. ,~]D&~dX~: This Agreement may only be :mended by agreerncn:, of fire parties and after recommendation by the Tourist Development Council. 1 media advertising mutual IN WI'FNL:SS WItEREOF. thc GRANTEE and COUNTY have each rcspccti,.,cly, by an authorized person or agent, hereunder sct their hands and scals on Ibc date and year first above vcriltcn. DATED: -~ .... ' DW1GIIT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIE.K.0JOUNTY, F LO R,IJ:YA ., '[:i'~OmHY/f~. HAk~6~'I~, Chairm;n WITNESSES: I'rinlcd£Fypcd Narnc I'rintcd,'l'ypcd Nanx' GRANTEE Visit Naples. Inc. Prmlcd:l'ypcd Na r?',c Approved ;ts to roma and legal sufficiency (corporate seal) Hcidi F. Ashton Assistant Counly Attorney [/¢'.,.,'1997 I IX' Agrccn~'nts/Vis/t Naples. Inc I)isaslcr Rccw, cr~ EXHIBIT "A" ECONOMIC DISASTER RECOVERY PROGRAM BUDGET 8 E 1 l.cvcl A: Counter lo high level negative public relations - advertising for a period of four weeks. Television Newspapers Trade Journals Total S492,875.00 499.635.O0 S1,047,358.00 OR l,cvel B: Counter to medium level negative public relations - advertising for a period of four weeks. Television Newspapers Trade Journals Total $287,025.00 499,635.00 S841,508.00 Level C: OR Counter to Io~v level negative public relations - advertising for a period of four weeks. Newspapers Trade Journals Total S499,635.00 $554,484.00 8£2 RESOLUTION NO. 97- '2o2 A RESOLUTION FIXING TIlE DATE, TIME AND PI.ACE FOR Tile PUBLIC llEARING FOR APPROVING ]'lie SPECIAl. ASSESSMENT (NON-AD VAI.OREM ASSESSMENT) TO BE I.EVIED AGAINST TIlE PROPERTIES WITIIIN PELICAN BAY MUNICIPAl. SERVICE TAXING AND BENEFIT UNIT FOR MAINTENANCE OF ]'lie WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL FACII.ITIES AND MEDIAN AREAS, AND MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, AND ESTABLISIINIENTOF CAPITAl. RESERVE FUNDS FOR TIlE 1MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, U.S. LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES, ALL WITIIIN TIlE PEI.ICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT. VVIIEREAS, the Board of County Commissioners adopted Collier County Ordinance No 90-J I l, as amended, creating the Pelican Bay Municipal Sc~'ice 'l'axing and Benefit Unit for the purpose of providing street lighting, water management, extraordinary lax,..' enforcement se~'ice and beautification, including but not limited lo beautification o£ recrealional Facilities. sidewalk, street and median areas and the maintenance oFconservation or preserve areas, and V¥111';REAS, Section 197 3632. Florida Statutes, requires that a public hearing be held to adopt a non-ad valorem assessment roll for purposes ofutilizing the uniform method of collection NOW, TIIEREFORE, BE l'F RESOI.VED BY TIlE IIOARD OF COUNTY CO?,ISilSSIONERS OF COI.[.IER COtINTY, FI.ORIDA, lhal SECTION ()NE This Resolution is adopted pursuanl Io Ibc provisions of Ordinance No 90-1il, ~s amended, and other applicable provisions of law 'SECTION'F'sX¥) It is bcrcby found and detcrmined that a special assessrnent which includes the esta[,',ish:aent of Capital Reserve Funds For the maintenance of the water management system. beautification of recreational facilities and median areas, and maintenance of conservalion or reserve areas '.vii/fin the Pelican Bay Municipal Service Taxing and Benefit Unit is necessary. For funding the required payments for the operation, repair and maintenance of'the water management system, bcautificalion of recreational facilities and median areas, and maintenance of conservation and preserv.2 areas during Fiscal Year 1997-1998 SECTION TIlREE A public hearing bclbre Ibc Board of County Commissioners on the p~clmfinary assessment roll (non-ad valorem assessment roll) off the estimated costs, including Capital Rcscra/c Funds for thc maintenance oFconserx.ation or preserve areas, US 41 berms within thc boundaries off the Unit. street sign replacements within thc median areas, landscaping improvements within the boundaries of the Dislrict. landscaping improvements to the U S 41 entrances within the boundaries of the Unit. the maintenance of the water management system. and beautification of recreation Facilities and median areas, during Fiscal Year 1997-1998 between -I- the County and each property owner of' land within the Pelican Bay Municipal Service Taxing and Bc,~efit Unit will be held on Tuesday, September 9, 1997 at 6:00 P N'I at The Foundation Center, g962 ttammock Oak Drive, Naples, Florida, at which time the Board of County Commissioners will hear objections of the owners of the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit or other persons interested therein, to tile adoption of the preliminary assessment roll (non-ad valorem assessment roll). The Clerk shall keep a record in which shall be inscribed, at the request of any person, firm or corporation having or claiming to have any interest in any lot or parcel of land within the Unit, the name and post of'rice address of such person, firm or corporation, together with the brief'description or designation of such lot or parcel. The Clerk shall cause the notice of such public hearing to be published one time in the Naples Daily News, a newspaper published in Collier County and circulating in the Unit, not less than twenty (20) days prior to said date of the hearing. Notice of such public hearing to consider thc adoption of the preliminary assessment roll (non-ad valorem assessment roll) shall also be mailed first class mail to all the property owners on the preliminary assessment roll (non-ad valorem assessment roll) at the address provided for on said roll SECTION FOUR. Notice of such hearing shall be in substantially the following form: NOTICE Notice is hereby given that the Board of County Commissioners of Collier County, Florida, ',viii meet on Tuesday, September 9, 1997 at 600 P.M, The Foundation Center, 8962 Flammc, ck Oak Drive, Naples, Florida, for the purpose of hearing objections, if any, of all interested t_'ers,ms to the adoption of the preliminary assessment roll (non-ad valorem assessment roll) allocating the assessable costs including Capital Reserve Funds for the maintenance of conservation or preserve areas, US 41 berms within the boundaries of the Unit, street sign replacements within the median areas, landscaping improvements within the boundaries of the Unit, landscaping improvements to the US 41 entrances within the boundaries of the Unit, the maintenance of the water management system, and beautification of recreation facilities and rredian areas within the Pelican Bay Municipal Service Taxing and Benefit Unit which comprises and includes those lands described as follows: A tract of land being in portions of Sections 32 and 33, Township 48 South, Range 25 East; together with portions of Sections 4, 5, 8 and 9, Township 49 South, Range 25 East, Collier Count)', Florida, being one and the same as the lands encompassed within the Pelican Bay Municipal Service Taxing and Benefit Unit, the perimeter boundary of same more particularly described as follows Commencing at the Southeast corner of said Section 33; thence South 89 degrees 59 minutes 50 seconds West along the South line of Section 33 a distance of 150.02 feet to a point on the West right-of-way line of US. 41 (State Road 45), said point also being the Point of Beginning; thence Southerly along the West 8 E 2 right-of-way line ofsaid U S 41 (State Road 45) the following courses South 00 degrees 58 minutes 36 seconds East a distance of 2 49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance of 3218 29 feet; thence South 01 degrees 00 minutes 29 seconds East a distance of 321856 feet; thence South 00 degrees 59 minutes 03 seconds East a distance of 2626.21 feet; thence Soulh 0] degrees 00 minutes 18 seconds East a distance of 2555.75 feet to a point on the North right-of-way line of Pine Road as recorded in D.B. 50. Page 4~0, among the Public Records of said Collier County; thence departing said US. 41 (State Road 45) South 89 degrees 09 minutes 45 seconds West along said North right-of-way line a distance of 2662 61 feet; thence Soulh 00 degrees 51 minutes 44 seconds East a distance of 7000 feet to a point on the North line off Seagate Unit I as recorded in Plat Book 3, Page 85 among said Public Records; thence South 89 degrees 09 minutes 45 seconds West along said North line of Seagate Unit I and the South line of said Section 9 a distance of 2496 67 feet to the Southwest corner of said Section 9; thence continue Soulh 89 degrees 09 minutes 45 seconds West a distance of 225 feet more or less to a point on the mean high water line established May 15, 1968; thence a Northweslerly direction along said mean high water line a distance 15716 feet more or [ess; thence departing said mean high water line South 80 degrees 29 minutes 30 seconds East and along thc Southerly line of Vanderbih Beach Road (State Road 862) as recorded inDB 15, Page 121 among said Public Records a distance of 7385 feet more or less to a point on said West right-of-way lineofU S 41 (State Road 45), thence SouthO0 degrees 58 minutes 36 seconds East along said West right-of-way line a distance of 2574 36 feet to the Point of Beginning A copy of the preliminary assessment roll (non-ad valorem assessment roll) for each lot or par,..cl ,::." land lo be assessed is on file at the Clerk to the Board's Office, County Government Center, ,\d~ninlstration Building, Fourth Floor, 3301 East Tamiami Trail, Naples, Florida and in ;',',,.: ofiSces of :he Pelican Bay Services Division, 801 Laurel Oak Drive, Suite 605, Naples, Florida, and is open to the inspection of the public Alt affected property owners have a right to appear and be heard at the public hearing and to file written objeclions to the adoption ora resolution approving the preliminary assessment roll (non-ad valorem assessment roll) with the Board within 20 days of this notice based upon the grounds that it contains items which can not be properly assessed against property, that the computation of the special assessment is incorrect, or there is a default or defect in the passage or character of the resolution, or lhe preliminary, assessment (non-ad valorem assessment) is void or voidable m whole or part, or that it exceeds the power of the Board. At the completion of the hearing, the Board shall either annul or sustain or modify in whole or in part the preliminary assessmem (non-ad valorem assessment) as indicated on such roll, either by confirming the preliminary assessment (non-ad valorem assessment) against any or all lots or parcels described therein or by canceling, increasing, or reducing the same, according to the special benefits which the Board decides each such lot or parcel has received or will receive on account of such improvements The assessment so made shall be final and conclusive as to each lot or parcel 41- 8£2 assessed unless proper steps are taken within twenty (20) days with a court of competent jurisdiction to secure relief The Board will levy a special assessment (non-ad valorem assessment) £or operations and maintenance o£ the water management system and lhe beautification of thc recreational areas and median areas, and maintenance of conservation and preserve areas utilizing an Equivalent Residential Unit based methodology. The total assessment for maintenance of the water management system, beautification oFrecreational Facilities, and median areas, and maintenance of conservation or preserve areas is $ 1,473,500.00 which equates to $ 195.15 per Equivalent Residential Unil based on 755057 assessable units The Board will levy a special assessment (non-ad valorem assessment) for the establishment of Capital Reserve Funds for the maintenance and restoration of the conservation or preserve areas, US. 41 berm improvements within the Unil, street sisn replacement within the median areas, landscaping improvements and US 41 entrance improvements within the Unit. ttrilizi.-..,_' an Equivalent Residential Unit based methodology. ]'he total assessment for these Capital Re,,erve Funds for the maintenance and restoration and landscaping improvements is $66'/,7o0.C;0 which equates to $ 8843 per Equivalent Residential Unit based on 7550.57 assessable units The special assessment (non-ad valorem assessment) will be collected by the Collier County Tax Collector on the owner's ad valorem tax bill pursuant to Section 197.3632, Florida Statutes. failure to pay the special assessment (non-ad valorem assessment) and your property taxes will cause a tax certificate to be sold against the property which may result in a loss of title to the property Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Maureen Kenyon Deputy Clerk (SEAL) 8 E 2 SE,~"~FION FIVE. The Clerk is hereby ordered and directed to spread this Resolution in flail among the minutes of this meeting for permanent record in his office. SECTION SlX. This Resolution shall become effective immediately upon its passage. This Resolution adopted this 29th day of July, 1997, after motion, second and majority vote. ATTEST: ;,2 DWIGHT E. BROCK, CLERK ".~ '- / · . Approved as to form and " leg il sufficiency:. David C. Weigel v. ~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY / :/,:"~.~' _ ...:'.[,/..,r~ TIMOTHY L>2~A~COCK. CHAIRMAN B F_.A C:~I PEI.;I CAB FLA. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC tIEARINGS To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement [] Other: (Display Adv.. where legal notices appear 12A 1 Originating Dcptt Div: Planning Services Person: Debrah Preston Date: 7/9/97 Petition No. (If none. give brief description): CP-97-1 Petitioner: IName & Address): Martin D. Pinckney. American Engineering Consultants, Inc.. 573 Bald Eagle Drive. Marco Island. Florida 34145 Nar~:e & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Martin Frirnbe-ger/Amy Jerde. 1378 San Marco Road. Marco Island. Florida 34145 Heanng ~,,cK, tc Y BCC BZA Other R'-qaested Hea~;ng d:?: July 29. 1997 Newspaperls) to be :ts, ed: (Complete only if imponantl: X Naples Daily News [] Other Proposed Text: (Include legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising Cost? X Yes [] No 138317-649100-00000 Reviewedr,.bY: ~ .F'x Approved by: Division Head ~ Date List Attachments: Advertising Requirements. Ad. Map. Ordm.ance X Legally Required If Yes, what account should be charged for advertising costs: 111- County Manager Dam DLSTRIBLTION LNSTRUCTION,$ For hearings before BCC or BZA: Initiating pcs-son to cx~al:~te o~ coy ~nd obtain Di*ksion ilead approval before .submitting to County Mlmager. Note: If legal document is involved, be .','~e that ~ny necessary, legal review, or request for same, is subrrdtted to County Attorney before submitting to County Man~ger. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office Lq Requexting Division [] Original B. O;hcr hearings: Initiating Division head to approve and submit origin:d to Clerk's Office. retaining a copy for f'de. FOR CLERK'S OFFICE USE O~_Y: / Date Received: ~ l/C~ Date of Public hearing: 7 / .~ '/ . Date Advertised: '~,/"/ i 12A t Ordinance Ad - 10 days before hearing July 29, 1997 Board of County. Comrmssioners Public Hearing Advertising Requirements Please publish the following Advertisement and Map on July 18, 1996, and furnish p:,'x:ff of publication to the Comprehensive Plarmmg Sect/on, 2800 North Horseshoe Drive, Naples, Florida 33942. The advertisement should be a standard advertmement. .'3-.c: adverhsement can be placed in that portion of the newspaper where legal notices az~d classified advertisements appear. 12A i FAX PHONE NO: (941) 774-8406 i86 07-03 88:231 ~°02'28 9263486,4 OK 3 8686~'~A3F- 187 87-83 18:57 ~ 82'33 9416421a87 1 ~ 87-03 14: 29 ~ 83' 36 92634864 ~ 6 ~~ l 1 I ~ 07-07 16: 16 ~ 02' 05 191 07-~ ~: 19 ~'~ 192 OT-~ ~9:21 ~01 '51 '91 ~0758J4915 OK ! ~~17 I93 07-~ 15:16 ~ 02'~ 194 ~-~ 15:21 OD~ 01 ' 57 1~ ~7-~ ~: 23 ~ OI '49 92634864 ~ 3 O~C~A 15 1~ 07-~ 09:53 ~ 02' 02 92634;~4 Ok 197 OT-~ 13: 31 ~ O 1 ' 09 95983J ?9 ~; 2 06~ 11 I ~ 87-~ 13: 38 ~ 01 ' 49 - - - ~' 3 068C~ 11 I~ 07-18 ~: 17 ~01 '44 qk6%JS&J ~ 1~3 ~f 2 ~14 TOT~ July 10, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Ordinance amending the Marco Island Future Land Use Map Dear Judi: Please advertise the above referenced notice and map one time on Friday, July 18, 1997, (this advertisement can be placed in that portion of the newspaper where legal notices appear) and send the Affidavit of Publication, in duplicate, together with charges involved to this office. · Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700012 NO'FICE OF INTENT '1'O CONSIDER ORDINANCE 124 .",otic.' Is hcrcbv I,;w...n that on UI:SI)A_[~,_Iuly 29, 199~in thc Boardroom. 3-~ Floor. ."xdmmistrat~on Building, Collier County Government Cmmyr, 3301 East Tamiam~ Trail, Naples. Florida, thc }3{~ard of Ctmntv (t~mmtssioners will consider the enactment of a Count' Ordinance. The met'tin? \,.'i'll coramence at 9:0t) A.M. Thc title of the proposed Ordinance is as follows: AN ORDINANCE AMI:.NDING COLIAER COUNTY ORDINANCE NUMBER 89-05, ,'kS ,-\MENDED, FOR TIdE UNINCORPORATED ARE:\ OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR A SMALL SCALE AMENDMENT TO THE MARCO ISLAND FUTURE LAND USE MAP OF THE MARCO ISLAND MASTER PLAN OF COLLIER COUNTY'S GROWTtt NIANAGEMENT PLAN: BY PROVIDING FOR SEVERAB[LITY; ,'\ND BY PROVIDING AN EFFECTIVE DATE. Fhe purpose ol the hearinl; ~s to adopt by ordinance an amendment to the Marco Island .Master Plan, a separate element of the (~ountv's Growth Management Plan. This amendment ts only for a map change to the Xiarco Islamt Future Land Use Map and is therefore a Small ~:ale ,`kmendment. ,'\11 interested parties are invited to appear and be heard. Copies of the proposed amendment are on file and available for inspect/on with the Clerk to the Board, 4~, Floor, ,'\dministraPion Building, Collier County Government Center; and at Comprehensive Planning Section, 2800 N. } to~seshoe Drive, Naples, Florida; and at the Marco Island Library, 210 S. Heathwood Dr., Marco Island, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Anv questions pertaining to these documents shouh.! be directed to the Comprehe'nsive 'Planning Sect/on. If a person decides to appeal anv dec~sion made by the Board of County Commissioners with respect to any matter considered at such mee't/ng or hearing, he/~he will need a record of that proceeding, and for such purpose he/she mav need to ensure that a verbatim record of the proceedings is made, which record i~cludes the testimony and evidence upon which the appeal is to be based. In addition, he/she must have submitted to the local government during the period of time between the date of advertisement of the public not/ce and the conclusion of the public hearing in order to qualify an affected person. BOARD OF COUNTY CONIMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY I.. HANCOCK, CHAIRMAN DWiGI IT E. BROCK, CLERK By: Maureen Kenyon, Deputy Clerk 12A 1 July 10, 1997 Martin D. Pinckney American engineering Consultants, Inc. 573 Bald Eagle Drive Marco Island, FL 34145 RE: Notice of Public Hearing to consider Ordinance amending the Marco island Future Land Use Map Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, July 18, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Martin Frimberger/Amy Jerde July 10, 1997 Martin Frimberger/Amy Jerde 1378 San Marco Road Marco Island, FL 34145 RE: Notice of Public Hearing to consider Ordinance amending the Marco Island Future band Use Map Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday July 18 1997. ' , You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Martin D. Pinckney TO: IAXIATION: . FAX NO: # OF PAGES (IATCLUDING q"~rrs COVER) ~ ~0: (94i) ~74-e408 FBT]i~E NO: (941} 774-8406 187 i 88 189 190 192 193 194 197 ~ 98 199 07-03 1 07-03 ' 14.c. 88~ 83' 36 87-07 16:12 07-08' 09:21 00~0i'51 07-08~ 15:i6 ~ 00"02'08 07-08 ~ 15; 07-89 8,-oq/ 13: ~7-1~] 87-18 DJ:88 87-18~ - 94164214871 92634864 / 92634864 ~ j '91~0738~4915 / 92634864 00°01'49 92634864 00°02'02 92634864 08° 82' 44 92634864 Ok. O~ 0~ O~ O~ OK OK TOTRL I:IPG5 90 068C888~E~EE~ 1 i 068C00~SA3F' 068C008000000017 068,: O080~3CK-'~A 1 ? 068C1~3800000 _F~A 16 068C008000008~ 15 NOTIC~Z TENT TO CONSIDER ORDINANCE ~.~,~.s..,,,,? ~. ,c, l... Cu.,e, <o ,:fy' Co',,'~¢'mnn ~'~ ..... 4~. . ~o,~o,oo~, 3,0 ~,oo, P~OV Olr~G FOr~ ~EVEF~A0 Liltv A - ~ ~' ~" .... h,~ANAGEMENT · , NC [~Y PROVI:)IN(j AN E~FE~TIVE DATE - ~'¢ BOar, d Of County COrninesS oners ? /,'/. · ~ ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NUMBER 89-05, AS AMENDED, FOR THE UNINCORPORATED AREA OF COLLIER COUNTy, FLORIDA BY PROVIDING FOR A SMALL SCALE AMENDMENT TO THE MltRCO iSLAdWD FUTURE ~ USE MLAP OF THE MARCO ISLAND MASTER PLAN OF COLLIER COUNTY'S GROWTH MANAGEMENT PLAN; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Board of County Commissioners adopted the Marco Island Master Plan on November 12, 1996; and WHEREAS, the Florida Department of Community Affairs did find the Plan in compliance on January 6, 1997; and WHEREAS, Marco Island Master Plan and Future Land Use Map became effective; and WHEREAS, the property owners of .54 acres of land have submitted a request to amend the FUture Land Use Map of the Marco Island Master Plan Element of the Collier County Comprehensive Growth Management Plan as stated in Resolution 91-521; and WHEREAS, the request is for a Future Land Use Map change only and it ir.volves less than 10 acres of land; and WHEREAS, the amendment does not involve a change to any of the goals, objectives, or policies of the Plan; and WHEREAS, pursuant to Subsection 163.3187(1) {c), Florida Statutes this amendment is considered a Small Scale Amendment; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: DHDOPTION OF THE AMENDED MARCO ISLTLND FUTURE LAND USE MAp This Ordinance as described herein, shall be known as the 1997 Marco Island Small Scale Amendment for the Future Land Use Map of the Marco Island Master Plan Element of Collier County's Growth Management Plan. The Amendment, attached hereto and incorporated herein by reference as Exhibit A, establishes the amended Marco Island Future I W°rds--~ck~ are deleted; words ~ are added. -1- Land Use Map as a component of the Marco Island Master Plan, an individual element of the Collier County's Growth Management Plan. SECTION TWO: SEVERABILITY If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent 3urisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE The effective date of this Small Scale Amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3187, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oak Blvd., Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of , 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK BY: TIMOTHY L. HANCOCK, CHAIRPUtN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJOglE M. STUDENT - ASSISTANT COUNTY ATTORNEY Words struck through are deleted; words ~ are added. APPL~,!~ATION FOR A REQUEST TO AMEND COLLIER COU~:TY COMPREHENSIVE GROWT~ MANAGEMENT P~A~N Application Number "!? Date Received Pre-Application Conferenc,~ Date Date Sufficient Due Date Application Fee This Application, with alt required supplemental data and information, mug be completed and accompanied by the appropriate fee, and returned to the ~c'~-~'~L-c~w~h~.~c.-----nt Off~.~i 2800 ~%~33942. (Fax ~ 68-t-}) 643-~,960) North Horseshoe Drive, Naples, Florida The Application must be f}und to be sufficient for formal review within 30 calendar days following t!%e filing deadline before it will be processed an adv£rtised for public heating. If insufficient, a meeting will be held between staf-f and the applicant, after which the Application will be returned to the applicant for completion within 30 days. For additional infol-mation on the proces'~ing of the Application see Resolution 91-521 (attached). If you have any questions, please contact the c=~ew~-h SUBMISSION R~QUIREMENTS I. GENERAL INFORMATION A. Name of Applicant Company KidCare ~'artin Frimberger Address 1378 San Marco Road City Marco Island State Florida Telephone Number ~_~.~41 )394-3464 Fax Number B. Name of Agent Martin D. Pinckney, P.E. Company American E~gineering Consultants, Inc. Zip 34145 Address 573 Bald Eagle Dr~ve City Marco Island State Florida Zip 34145 Telephone Number (941) 394-1697 Fax Number /941)394-7571 C. Name of Owner(s) of ~ecord Martin Frimberger/Amy Jerde Address 1378 San MaZco Road City Marco Island Telephone Number (941)394-3464 State Florida Fax Number Zip 34145 D. Name, address and qGalifications of additional planners, architects, engineers, environmental consultants and other professionals providin¢ information contained in this application. ' This will be the per.;on contacted for all business relative to the application. - 1 - II. DESCRIPTION OF____PROPERTY A. LEGAL DESCRIPTION Lots ] 0, ] ] and 55' of Lot ] 2 Block 109, Marco Beach Unit 3 B. GENERAL LOCATION Located on San Marco Road, approximately 500' East o Marco Island Fire Department C. PLJ~NNING COMIMtlNITY 6 (Marco) D. SIZE IN ACRES 0.54 Acres (23650 ft2) E. SUP. ROUNDING I~AND USE PAT~i~ERN F. ZONING RSF-4 vacant to west, residential home to eas G. FUTURE LAND USE MAP(S) DESIGNATION Low Density Residential III. TYPE OF REQUEST A. GROWTH MANAGEMENT PL;uN ELEMENT(S) TO BE AMENDED Future Land use Ma~ for Marco Island - Change property from low density residential to community commercial B. AMEND PAGE(S) OF THE GROWTH MANAGEMENT PLAN AS FOLLOWS (Use Crosm thrcugh~ to identify language to be deleted; Use Underscore to identify language to be added): N/^ C. AMEND FUTURE L;GgD USE MAP(S) DESIGNATION FROM LDR TO CC D. DESCRIBE ADDITIONAL CHANGES REQUESTED: N/A E. AMEND OTHER MAP(S) AND EXq4IBITS AS FOLLOWS: (Name & Page #) - 2 - IV. RE UIRED INFORM3%TION A. ~AND USE 12/ 1 1. Provide general location map showing surrounding developments (PUD, DRI's, e×isting zoning) with subject property outlined. 2. Provide most recent aerial of site showing subject boundaries, source, and date. 3. Provide a map of existing land use and zoning within a radius of three hundred (300) feet from boundaries of subject property. 4. Provide summary table of approximate acreage of land use and zoning within a radius of three hundred (300) feet from subject property. B. FUTUR~ LAND USE D$SI~NAT~O~ 1. Provide map of existing Future Land Use designation(s) of subject property and adjacent lands. 2. If subject property has more than one land use designation provide acreage totals for each land use designation. ' 2 o Identify native habitats a~d soils occurring on site and their boundaries on an aerial photograph (a scale of 1" = 200' no smaller than 1" = 400'). Habitat identification must be consistent with the Florida DePartment of TransPortation - Florid; Land Use and Forms Classification SvsteJu. A summary table of acreage per habitat must accompany the aerial. Provide a summary table of Federal (U.S. Fish and Wildlife Service) and State (Florida Game and Freshwater Fish Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther, black bear range, avian rookery, bird migratory route etc.). , 3. Identify historic and/or archaeological sites on the subject property. - 3 - 12A 1 D. GROWT~ MA~AOSMEFT PL~_N AMEN~N_T Refg~enc_e 9J-!%.006, F.A.C. and Collier County.~s capital Improvement ~eme~t (~ Policy 1.!.2) (copies attached). - 1. Insert a "Y" for Yes or an "N" for No in response to the followin( questions. a. [ N] Is the proposed amendment located in an area of critical state concern? (Reference 9J-11.006(1) (a)2, F.A.C.) b. [ N] Does the proposed amendment apply to the Weikva River Protection Act? (Reference 9J-11.006(1) (a)3, F.A.C.) c. [ N} Does the proposed amendment meet one of the exemptions to the twice per calendar year limitation on the adoption of comprehensive plan amendments? If yes which of the following? d. [ N] Directly related to a proposed QevelQpment O~ Reqiop~] Impact, pursuant to Chapter 380 F.S.? (Reference 9J-11.006(1) (a)4.a, F.A.C.) e. [ N] Directly related to a proposed ~ Development Activity, pursuant to Subsection 163.3187(1) (c), F.S. (Reference 9J-11.O06(1) (a) 4.b, F.A.C.) f- [ N] An .EmerqeDcy, as defined in Subsection 163.3187(1) (a), F.S., which must accompany a statement setting forth the facts and circumstances justifying the emergency? (Reference 9J-11.006(1) (a)4.c, F.A.C.) Is the amendment proposed under a joint planning agreement, pursuant to Section 163.3171, F.S.? If Yes list local governments included in the agreement. (Reference 9J-11.006(1) (a)5, F.A.C.) Document the effect the proposed amendment will have on BEBR high range population projections as identified in the current CIE Update and indicate mitigation measures being proposed in conjunction with the proposed amendment. A significant impact in population is defined as a potential increase in County-Wide population by more than 5% of BEBR high range population projections. (Reference CIE Policy 1.1.2) Describe the proposed land us~ and indicate if it is an increase to the uses permitted in a ~ecific land use designation and district (commercial, ind~-~fdual, etc.) or a new land use designation or distric~'~e~tified on the Future Land Use Map. Provide data and analysis to support the suitability of land for the proposed use, and compatibility of use with surrounding land uses, as it concerns protection of environmentally sensitive land, ground water and natural reservations. - 4 - 1 E. PUBLIC FA____~CILIT_____IE~S 1. Provide the existing Level of Service Standard (LOS) and document the impact proposed change will have on the LOS for the following public facilities: ao Potable Water Sanitary Sewer Arterial and Collector Roads Drainage Solid Waste Parks and Recreation Mass Transit If the proposed amendment involves an increase in residential density or intensity for commercial and/or industrial development that would cause the Level of Service for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference CIE Policy 1.1.5) 2. Provide a map showing location of existing services and public facilities that will serve the subject property (i.e., water, sewer, fire protection, police protection, schools and emergency medical services). 3. Document proposed method of service, identify provider, and describe the effect proposed change will have on schools, fire protection, and emergency medical service. F. OTHER 1. Identify flood zone based'upon Flood Insurance Rate Map data. 2. Identify location of wellfields and cones of influence in relatior to subject property. (Identified on the Collier County Zoning Maps). 3. Identify areas of the property that are applicable to: a. An area of critical state concern, pursuant to Chapter 380, F.S.; b. Traffic Congestion Boundary; and c. Coastal Management Boundary, all are delineated on the Future Land Use Map. 4. If applicable, identify areas of the property within high noise contours (65 LDN or higher) surrounding the Naples Airport. (Identified on Collier County Zoning Maps). - 5 - G. SUPPLEMENTAL INFORMATION 12A i A non refundable filing fee in the amount of $2,100 for language changes in the Plan is due at the time of A~.plication submittal. An additional fee of $30 per acre is required for each affected acre in this Application. A check for the total amount due shoul¢ be made payable to the Board of County Commissioners. 2. Proof of ownership (copy of deed). Letter of Authorization. If the Agent is not the Owner(s) of Record, a Notarized Letter of Authorization must be provided by the Owner(s). (See attached form). 4. Submit one original, signed, complete Application with all attachments, plus 25 copies of the complete Application. 5. Submit 25 copies of each map. Each map shall include: north arrow, name and location of principal roadways, and shall be at a 1 to 400' foot scale or at a scale as determined during the' pre-application meeting. - 6 - March 1997 April 1997 - l~vised Martin Frimb~rge r KidCare 1169O3O3 ,~2Rlication to Arnevld_the Callir~_Catltl~ Corn?rehe'nsive_Growth A4ana~,evnent 1. Please see Figure 1 for the general location map showing surrounding developments with the subiect property, outlined. 2. Please see Figure 2 for the most recent aerial of the site. Please sec Figure 3 for a map of existing land use and zoning within a radius of three hundred 1300) feet from boundaries of subject property,. In the area 300 feet around the property lies several single family residence homes and numerous vacant lots. Also included in the area is a section of the San Marco Villas. The vacant lols and single family residence homes are all located in an RSF-4 zones. The section of the San Marco Villas are located in an RMF-I 2 zone. The land in the 300 foot radius surrounding the property involves around 21.4 acres. Approximately 25% of the area is vacant lots. It cover,s about 5.2 acres. About 12% of the land is used by houses or buildings. It covers about 2.6 acres. Approximately 0.5 acres of that is a medical center. The remaining 2.1 acres are single family residence homes. Roughly 61% of the area involves the San Marco Villas. That area contains about 13.1 acres. The remaining area is the property itseff. It covers about 0.5 acres and is presently an existing child care center and a vacant lot. Vacant Lots 5.2 acres RSF-4 S '_mgic Family_~ ................................... Residence Homes 2.1 acres KSF..4 Medical Center 0.5 acres C-1 San Marco Villaz, 13.1 acres RMF-12 12A 1 1. The Future Land Use Map of Marco Island. Figure 4. shows the property as Low Density Residential. The subject property only has one land u~ designation and it is Low Density, Residential. h is currently a day care center. See Future Land Use Map, Fign re 4. The property consists of an existing house with a playground in the back. The vacant lot adjacent to the hottse is relatively bare with no trees or bttshes on it. Due to t}tis, none of the environmental concerns apply to this property. I. Please see the attached application in reference to the Growth Management Plan questions. 2. The amendment proposed is not under a ioint planning agreement. 3. The proposed amendment will have no effect on BEBR high population projections. Presently, the property, is being used :as a day care center. The adjacent lot is currently vacant and is planned to he a parking lot for the daycare center. On the Future Land Use Map for Marco Island, this property is designated as Low Density Residential. The land to the West has a land use designation of Community Commercial, and this amendment would extend the CommUmty Commercial designated area to include the subject property.. Currently, the property is used as a child day care center. By allowing the land use to be changed from Low Density Residential to Community Commercial, this allow~ the land to be used for several different areas of commercial business that fall under the Commercial professional district {CI}. Examples of permitted uses are bookkeeping services, automobile parking, business services and group care facilities. Additional permiHed uses can be found in the land development code on pages LDC2:41 and LDC2:42. 1. The Collier County Growth Management Plan from January 1989. as well as the Marco Island Master Plan were used to determine the following existing Level of Service Standards: a. Potable Water - 200 gl)cd b. Sanitary Sewer - 100 gpcd c. Arterial and Collector Roads - As:cording to the Collier County Transportation Planning Database Capacity Analysis that was approved by the Board of County Conunis,sionen on November 7. 1995, the Level of Sen'ice on San Marco Boulevard, the road that runs adjacent to the property, is at Level C d, Drainage - According to the Collier County Growth Management Plan. Public Facilities Element. Drainage Suhelement. the reco~nmended Level of Serwcc Standard fi~r a secondary sDte,n, post-1977 project is 25 year, 3 day. Secondary swtems are the small canals or swales that collect rainfall run-~ff from the individual properties or projects. A 25 year, 3 day rainfall event produces 12.23' of rain. e. Solid Waste - Present Level of Service includes the Marco Service Area and the Marco Transfer Station. The Level of Service for Solid Waste Sub-Element shall be: a. 1.55 tons of solid waste per capita per year. b. Two ~2) year~ of lined landfill cell capacity at the present disposal rate. Ten (101 years of landfill raw land capacity, at present disposal rate. f. Parks and Recreation - The following level of service standards for facilities and land owned by the county or available to the general public are adopted: .~tandard of.fervice: A. 1.2882 acres of community park/1000 population. B. 2.9412 acres of regional park land/1000 population. C. Recreation Facilities - Facilities in place which have a value las defined} of at least $122.00 per capita of population. .Mass Transit - There is no mass transit on Marco Island. The proposed amendment does not involve an increase in residential densiW nor does it increase the intensity for commercial and/or industrial development that would cause the Level of Service for public facil~ties to fall below the adopted LOS. See Figure 5 for the locations of existing services and public facilities that serve the subiect property, such as the water, ~wer. fire protection, police protection, schools and emergency medical services. The existing property currently utilizes all of the ~rvices previously mentioned. The change in the Growth Management Plan will have no effect on schools, fire protection and emergency medical services. I. According to the Flood Insurance Rate Map data, the property lies in [he flood zone AE, with a base flood elevation of 10 feet. 2. There are nu weU. fields or cones of influence identified in the Collier County 7a~ning Map, Sheet 5 of 7, for Marco Island, Collier County, Florida. The property in question does not lie in an area of critical state concern. It does not fall within a traffic congestion boundary nor a coastal management boundary. Th~ prolxrry involved is not within kigh noi~ contours surrounding th~ Naple~ Airport. F i_E~ig_U_ r e 1 ~4[X~CO SAN U AR'CO lit.mil B~G IlAR'C0 ~,SS BAR~£LD N GENERAL LOCATION MAP MARCO ISl..AND NTS ~.~Si TE SUBJECT PROPERTY RSF'-4 COUJER COUNTY PARK ME]31CAL CENT~ C-1 SAN MARCO VILLAS RMF-12-RP FIGURE 3 Son Marco V,IIos, LEGEN___D. H OUSES RSF-4 ----'] VAGANT LOTS RSF-4 SUBJECT PROPERTY RSF-4 COLLIER COUNTY PARK MEDICAL CENTER C-1 SAN MARCO VILLAS RMF-12-RP AMERICAN ENGINEERING CONSULTANTS, INC. Marco Island Master Plan Amendment 1' -- 300' April 1997 116~0.303 12A 1 N ~G ~A~CO ~ASS I BAY LOGATION MAP S~OW~NG SER~C~S NTS - EXqST1NO WATER ANO SEWER UNES T~AT - RUN ALONG SAN MARCO ROA~ - MARCO ISLAND FlEE STATION - 1280 ';AN MARCO ROAD _ MARCO ISLAND POLICE STATION - NOE'~-~ BAEF1ELD DRIVE - TOMMIE gARFIELD £LEN£NTARy SCHOOL 101 KIRKWO00 STEEET - MARCO URC_~NT CARE CENTEE - SOUTH H£ATH~O00 DElVE A~M~ERI~CAN EN~INEEFIING CONSULTANTS, II~K~. I ~ March 21. 1997 Deborah Preston Collier County Planning Deparl~nent Collier County Govemment 2800 North Horseshoe Drive Naples, Rorida 33942 Re: Letter of Authorization for AppllcaUon for a Request to Amend the Collier County Comprehensive Growth Management Plan Dear Ms. Preston: I, as owner of the land in Block 109, Lot 10, Unit 3 Marco Beach, Collier County, Rorida, am aware of and give my consent to ne application to amend ne Collier County Growth Management Plan submit131 from Amy Jerde and MarUn Frimberger. I am also aware that American Engineering Consultants, Inc., of Marco Island, Rorlda, is the representing agent in Als matter. Sincerely, Clare Ferrari Endco Ferrari 12A TO WIIOH IT MAY CONCERN: I hereby author£ze Martin D. P£nckney, P.E. (Name of Agent) to serve as my Aqent in a request to amend the Collier County 6rowth Management Comprehensiv, e Plan affecting property £dentified in this Applicati°n' 1 ~ I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge. NOTICE - BE &WARE THAT: Florida Statute Section 837.06 - False official Statements Law state~ that: mislead a public servant in the performance of his.o.fficlal au=y guilty of a misdemeanor of the second ~egree," pun.isnabl, e as. .p.ro~ide~ Dy a fine to a maximum of $500.00 ~nd/or maximum of a sixty Amy E. Jerde STATE OF ( Florida ) COUNTY OF ( Collier ) Sworn to and subscribed before me this CEOOEE OMB OF T~8 FOT.,LOWZ~(3: MY COMMISSION EXPIRES: who is personally known to me, as identification and did take an Oath, / did not take an Oath W.~RJ~AN.i~ DEED n~ l'ld~ ~ 33,,, 2,$, Made tbls ~ ~y of~. 1~. ~989, ~d wh~ S~ ~ty ~' "~ ~' ~ ~ k P.O, B~ ~4~, M~ k~ ~ DO~ ~ ~ NO/I~. pl~ oth~ ~ ~ ~ ~ of.~e ~nd ~ the r~l~ whe~ ~ ~ ~ ~ ~ R ~ ~ ~ ~ ~ ~ ~ ~d ~y o~ the ~end ~ t ........... . ~ ~ ~d ~ ~ ~ s~ ~ wi~ I~ ~e fo"~'= ..... ~ ~ ~ ~ ~ ~ the ~ty o~er ~d S~te ~ ~ ~t 11 ~d the W~t ~5 f~t o~ 1~ ~ ~er ~ty. ~i~ r~ ~ P~t ~k ~ P~ 17 ~ 24. ~e ~b~ ~~ 2000747 OR: 2125 l~: 1339 al ~ m i.tl ~-.tl 12AI Signed, sealed and~.deUvered in the presence of: ~^~E or COUN3~ OF ' I ItZP. KBy CERTII~ that on ~ ~ ~ m~ M * ~ ~t ~ w~ ~ ~m~ 247 N~ ~er B~ ~te 202 ~ ~ ~ ~937 ..... SAL~S CONTR~C'I' ., (NOT FOR CONDOMINIUMS) ~NmC~W ~ ~E~E ~ ~E OFFE~ ~On C~FFER) ~ ~ ~ ~ ~ M ' ..... ~'~ ~ ~4. c~ ~.~. 12& ~ TAXI.D. DAT~: TAX I0 '2, NAPLES DAILY NEWS Published Dilly Naples. iCL 33940 Affidavit of Publication State of Florida County of Collier Before the undersigned authority, personally appeared R. f.:qmh who on oath says that they serve as the ~- - ('nr.n_ .c:p~r~,~-a ~-¥ of the Naples Daily, a daily newspaper published al Naples, in Collier County, Florida; thaf the attached copy of the advertising, being a in the matter of was publish~ in said newspa~r issues starling on Affiant f~ ~s~ at Na~. ~spa~ has ~etof~e ~ ~t~ ~s~ ~ ~ ~ ~. F~a. e~h ~st off~ ~ t~ first aff~nt fu~ says that c~at~ any ~t. r~te. ~s~ ~ ref~ f~ ~ ~ of ~ t~S a~i~nt f~ ~at~ m ~ ~ ~a~ (~at~e of Att,nnt) Sworn to and subscri~ ~fore me this ~fi dayof ,3~ 19q~ , / ~t PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY Juy 29, 1997, in the Boardroom, 3rd Floor, ~A?_.m:??t.?ti~ eu?d!n..g, C.ollier Cou. nt~ Government Center, 3301 East Tamiami Trail. Naples. [[u.ud, .t?e Do.,a. ro pT ~oun~y Comm,ssmners wil consider the enactm n · ne meet,ng wi. commence at 9:00 A.M. The title of the prol:x)sed Ord~a~ncOfe a County Ordinance. is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NUMBER 89-05, AS AMENDED. FOR THE UNINCORPORATED ARE. A OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR A SMALL SCALE AMENDMENT TO THE MARCO ISLAND FUTURE LAND USE MAP OF THE MARCO ISLAND MASTER PLAN OF COLLIER COUNTY'S GROWTH MANAGEMENT PLAN: BY PROVIDING FOR SEVERABILITY; AND BY..~,ROVIDING AN EFFECTIVE DATE. The purpose of the hearing is to adopt~l~'0rdinance an amendment to the Marco Is and Master Plan, a separate e~ement of the Cou~t~,ll~rowth Mana em ' · map change to the Marco Island Fu -.,, ~ - __ _g ent Plan, Thins am?_dment ~s only for a t .... nd Use Map and ts therefore a Small Scale Amendment, All interested parties are invited to appear and be heard. Copies of the proposed amendment are on file and available for inspection with the Clerk to the Board, 4th FI Collier County Government CenoAr ......... ?or Administration Building. ~; ,=.ua[ ~,omprenensive ~. annin Sect on. 2800 N. Horseshoe Flor da between the h~urs of 8 n~ ,, ~A ...... ry S. ~ eathwood Dr., Marco IslandDrive' Naples, Forda. and at the Marco Island Libra , 2~,0 , :,.,u ~ ..... and ~:uu P.M,, Monday through Frida . Any c~uestions pertaining to these documents shotffd be directed to the Comprehensive Planning If a ~Y~ction. person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he/she will need a record of that proceeding, and for such purpose he/she ma need to n ?ro. cee. d~ngs Is made which record incl-,~- o,-~Y, ....... e ~s?re..that a verbat m record of the · ' ~,~,~a ~.~ ~:~.mony and evidence upon which the appeal is to De ~ased. n addition, he/she must have submitted to {he local government during the period of time between the date of advertisement of the public notice and the conclusion of the Public hearing in order to qualify an affected person. MA RCO I._~LAIVD BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA TIMOTHY L. HANCOCK. CHAIRMAN · DWIGHT E. BROCK. CLERK By: Maureen Kenyon. Deputy Clerk MARCO ISLAND CiViC ASSOCIATION 1 I ,,,l~mes Johnsc~ Vice Preslcleflt The itonorable John C. No~s Board of Collier County Commisslon~s 3301 East Tamiami Trail Naples, FL 34112 Re: R-97-5 July 25, 1997 Dear Commissioner Norris: On behalf of the members of the Marco Island Civic Association and the residents of Marco Island, I would like to go on record opposing the above petition. The applicant is proposing to "downgrade" an RSF-4 residential lot to C-I. This type of downgrading for personal gain is "spot zoning" at its worst. Spot zoning works against the best interest of the community and defeats the entire concept of established zoning procedures and policies. This request is also in conflict with the approved Growth ManaGement Plan. To invade residential areas with commercial "spot zones" defies the entire spirit of the Growth Management Plan and the approval procedure that took place at all levels. Every group on Marco Island supported the Growth Management Plan in its final form. It is only logical and fair to insist that the plan be adhered to. There a~e several commercial sites available on Marco Island and creating new ones in a residential neighborhood is not in the best interest of Marco Island. Please support the residents of Marco Island and deny R-97-$. ram cc: Very truly yours, President Board of Collier County Commissioners Raymond V. Bellows, Collier County Planning 654 Bald Eagle Drive, Marco Island, FL ~414S, Phofle: ~II-&42.TT'/1, Fax: IMl-&42.86413 C,~lller Court, fy, F;¢r~-~j ,.:,...~ f.._..;? TO, C'erk to the Board: ?:ease ~l,ce the foli~ln, a. a, 1 2 C ~ ~o~3t ~e~z~ Advertt:e~eflt ~ Other: (:tsp~ay A~v,, toc~ctcn, otc,) Original[n% ~ept/Dtv: ~a~eF - Public ~orks Person: Pamela Libby o,t,: 7/08/97 (Stem clearly) Petttt~ ~o, (l~ none. stye brief description): Petitioner: (~a~e & address): Nm & Address of any personsCs) to be notified by Clerk's Officer (~£ more space needed, attach separate sheet) Nearinl before: ~ BCC ~ ):A ~Other Requested hearth8 date: 7/29/97 Based on advertisement appearin$ 15 days before hearth[. ~evspaperCs) to be used: (Complete only if Important ~. ~ Naples Daily Nevs or legally required ~?) ~ Other Prcposed T~xt: (Include loin1 description & co~mon location & size)i See attachment. Ceepanton petition(s), If a~)*. & ~.r~rose,~ ~eartng date: l~es Petition Fee Include Advertist~l Cost? Yes ~ No l'-'" If yes, vhat account should be charle: for adverttstnl costs 408-210105-649100 - - Reviewed byl ............................ ~===:-::-:==:-il_..l_~ ....... D/vision ffe~,~ ~ate County ~analer Edua~d l[schner ' ~ate List Attachments:¢~ (2) D!S'i'RTSLTIO~ A. For heartnes before !C: or £:X: !nitiatin8 person to complete one copy and obtain Division Nead a~proval before subnttttnR to ¢oun:y ~tana~er. :a'rr_~: If Ideal d~cu,e~t Is Involved ~ sure th.st ~ or reeuest for sate. is suL'ltted to ~,,uetv Attorney before submit:!~: t * Hanager's Otftce ~tll distribute copies: n~CC:~: ~ County ~:anaeer. ~ County ~lanager agenda file; ~ Requesting Dlvlstonl ~ Orlltnal to Clerk*s Oflice O~her heaFIn~st lnttlatln~ D~vlslon fiend to approve and submit original to Clerk~s OElice, tetatninl ~or file. Date Received OatelA~vertl~ed ~ate of P.~. NOTICE OF PUBLIC tlEARING 12C 3 NOTICE OF CONSIDERATION/Al)OPTION OF AN ORDINANCE PROVIDING A PROCEDURE FOR TIlE RE(;ULATION OF BACKFLOV,,' ASSEMBLIES TIIROU(;IIOUT Tile COLLIER COUNTY WATER/SEWER DISTRICT AND Tile (;OODLANI) WATER DISTRICT. Thc Board o1' County Commissioners pro,)scs to adopt an Ordinance relating to the procedures I'~r thc in'~plcmentalion ofa backllow program. A Pt, bile I learing on this Ordinance will held on 'I'UF. SDAY. JUI.Y 29th. 1907. at 9:00 a.m. in the Board of County Commissioners Meeting Room. Y'~ Floor. Building F. Collier County (lover,intent Center. 3301 East 'l'amiami 'Frail. Naples. Florida. All interested parties :]rc invited to appear and be heard. Copies of thc proposed Ordinance arc available Ibr public inspection in the Ofl]ce of the Clerk to the Board. l]uilding I:. 4'h I:[oor. Records and Minutes. Collier County Government Center. 330l East Tamiami Trail. Naples. I:lorida between the hours g:00 a.m. and 5:00 p.m.. Monday throug, h Friday. excluding holidays. An}' qucslions pertaining to Ibis proposed Ordinance should be directed to the %,%,';,tcr Director. Water Department Administrative Office, Iocvtcd at thc Collier County (;overnment Center. [lealth Building. Third Floor. 3301 L:ast Tamiami Trail. Naples. Florida. If requested during the Notice period, written comments filed with the Water Director prior to the July _-~, 1997 }{earing will be read and considered at thc Public I {earing. 12C 5 PHON~ lgO: (941} 774-8406 184 {~?-02 16:14 {~3'03'46 92~34864 OK 6 868C888~1~ 185 ~7-~2 16:42 1~ ~T-~3 ~8:23 1~ 07-03 10:57 ~'02'33 941~214~ 1~ 07-03 14: ~ ~' 03' ~ 926348~ ~ 6 ~~ 11 1~ ~-07 16:12 00'01'~ 926~ · 2 ~01~~ 1~ ~-~ 16:16 191 07-08 ~: 19 ~'~ 91~07~915 - 0 4~~ 192 07-08 ~: 21 ~* 01'51 91407~44915 ~ 3 ~~1~ 193 07-~ 15:16 1~ ~ 15:~1 ~81'5~ ~ ~ ~ ~-~I~ TOT~ ~S July 8, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue NaDles, Florida 33940 Re: Notice of Public Hearing to consider an Ordinance creating and establishing a cross-connection control program Dear Judi: Please advertise the above referenced notice one time on Sunday, July 13, 1997, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700540 12C 3 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY JULY 29, 1997, in the Boardroom, 3rd Floor, Administrati~ ~'6~lze~--~ ~6unty Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE CREATING AND ESTABLISHING A CROSS-CONNECTION CONTROL PROGRAM; SETTING FORTH THE PURPOSE; PROVIDING DEFINITIONS; PROVIDING AN OPERATION POLICY; PROVIDING FOR INSTALLATION, MAINTENANCE AND TESTING REQUIREMENTS FOR COUNTY OWNED AND PRIVATELY OWNED BACKFLOW PREVENTION ASSEMBLIES; PROVIDING RESPONSIBILITIES OF THE COLLIER COUNTY WATER DEPARTMENT; PROVIDING PROGRAM RESPONSIBILITIES; PROVIDING FOR BACKFLOW PREVENTION SYSTEMS; PROVIDING FOR BACKFLOW PREVENTION SYSTEM DESIGN; PROVIDING SERVICE AND REPORTING SCHEDULES AND REQUIREMENTS FOR BACKFLOW PREVENTION ASSEMBLIES; PROVIDING FOR TECHNICAL IMPLEMENTATION; PROVIDING FOR FUNDING; PROVIDING FOR TERMINATION OF SERVICE; PROVIDING FOR PENALTIES; PROVIDING FOR THE COLLECTION OF FEES, CHARGES AND RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board, Administration Building, 4th Floor, Minutes and Records Department, Collier County Government Center, 3301 East Tamiami TraiL, Naples, Florida between the hours of 8:00 a.m. and 5 p.m., Monday through Friday, excluding holidays and are available for inspection. All interested parties are invited to attend and be heard. Any questions pertaining to this proposed Ordinance should be directed to the water Director, Water Department Administrative office, located at the Collier County Government Center, Health Building, Third Floor, 3301 East Tamiami Trail, Naples, Florida. If requested during the Notice period, written comments filed with the Water Director prior to the July 29, 1997 hearing will be read and considered at the Public Hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) July 8, 1997 Collier County Government Center Public Works Department, Health Building 3301 East Tamiami Trail Naples, FL 34112 Attn: Pamela Libby Re: Notice of Public Hearing to consider an Ordinance creating and establishing a cross-connection control program Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 13 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. 12C ORDINANCE NO. 97- AN ORDINANCE CREATING AND ESTABLISHING A CROSS-CONNECTION CONTROL PROGRAM; SE'VI'lNG FORTH THE PURPOSE: PROVIDING DEFINITIONS; PROVIDING AN OPERATION POLICY; PROVIDING FOR INSTALLATION, MAINTENANCE AND TESTING REQUIREMENTS FOR COUNTY OWNED AND PRIVATELY OWNED BACKFLOW PREVENTION ASSEMBLIES; PROVIDING RESPONSIBILITIES OF TIlE COLLIER COUNTY WATER DEPARTMENT; PROVIDING PROGRAM RESPONSIBILITIES; PROVIDING FOR BACKFLOW PREVENTION SYSTEMS; PROVIDING FOR BACKFLOW PREVENTION SYSTEM DESIGN; PROVIDING SERVICE AND REPORTING SCHEDULES AND REQUIREMENTS FOR BACKFLOW PREVENTION ASSEMBLIES; PROVIDING FOR TECiINICAL IMPLEMENTATION; PROVIDING FOR FUNDING; PROVIDING FOR TERMINATION OF SERVICE; PROVIDING FOR PENALTIES; PROVIDING FOR THE COLLECTION OF FEES. CHARGES AND RATES; PROVIDING FOR CONFLICT AND SEVERABII.ITY: PROVIDING FOR INCI,USION IN THE CODE OF LAWS AND ORDINANCES: AND PROVIDING AN EFFECTIVE DATE. WIIEREAS. Florida Administrative Code Rule 62-555.360 requires all community walcr s.vstcm.s to have a cross-connection control program; and gVItEREAS. Florida Administrative Code Rule 62-610.470 requires that all communities served by reclaimed water havc a cross-connection control program to prevent contamination of thc polablc water system: and g','ll EREAS. establishment and maintenance of a cross-connection control program ~ a condition and requirement of operating permits issued by the Florida Dcparlmcnt'~of Enviromnental Protection to the Collier County Water-Sewer District and Goodland Water District: and WtlEREAS. the Board of County Commissioners of Collier County, Florida. finds it to be in the bes! interest of' Ihe public to have a County operated and maintained cross-connection control program to monitor hazards to the County's Public Water System and to protect the public health, safety and well3r¢ by providing for, among other things, the installation. ownership, repair and testing ofbackflow prevention assemblies. NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNIY, FLORIDA. that: SECTION ONE: TITLE AND CITATION. This Ordinance shall be known as and cited as "The Collier County Cross-Connection Control / Backflow Prevention Ordinance". ~ SECTION TWO: FINDINGS. Thc Board of County Commissioners hereby makes the following £mdings: A. That Florida Administrative Code Rule 62-555.360 and 62.610.470 requires all community water systems to establish a cross-connection control program to detect and prevent cross-connections that create or may create an imminent and substantial danger to public health and sa fcty. 12. C B. That Ihc Collier County Water-Sewer District and thc Goodland Water District ',re community water systems as del'reed by Florida Adndnistrative Code Rule 62-550.200 (9). C. That thc establishment and maintenance of a cross-connection control program is a condition and requirement of County's water and wastewater operating permits issued by the Florida Department of Environmental Protection to the Collier County ~'ater. Sewer District and thc Goodland Water District. D. That thc health, safety and welfare of persons using and/or relying upon the Public water system of thc Collier County Water-Sewer District and the Goodland Water District is bes! served and protected by the establishment and maintenance of a cross-connection control?oackflow prevention program, including provisions for insta, Uation ofhackflow prm'ention assemblies, to prevent thc County's Public Water System from becoming polluted or contaminated by backflow fi.om actual or potential contaminants or pollutants. E. That it is in the best interest of the users of the Coil/er County Water-Sewer District and Goodland Water District and the public generally that if. in accordance with this Ordinance. a backflow prevention assembly must be installed as part of any water service connection within either the Collier County Water-Sewer District or Goodland Water District. Ihat thc Collier County Water Department shall install and maintain or cause to be installed and maintained the appropriate backflow'prevention assembly for the degree of h~Tard presented and thc County shall own thc back flow prevention assembly. SECTION THREE: DEFINITIONS. For the purposes of this Ordinance. the definitions contained in this Section shall apply unless otherwise specifically stated. Words used in the present tense include the future, words in the plural number include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely discretionary. ~aration: A physica] separation between the free-flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel. An approved air-gap separation shall be at least double the diameter of the supply pipe as measured vertically above'he top of the rim of the receiving vessel. In no case, shall the air-gap be less than one inch. ~ The list of certified backflow prevention assembly technicians and cross-connection survey technicians who have submitted their certification and in the case of assembly technicians, the most recent cal~ration results on their testing equipment, to the Department for review and approval. All applicants meeting these requirements shall~be approved to perform work on private and County owned hackflow assemblies. To remain on the approved list, applicants must comply with all the requirements listed within this Ordinance and the requiremenls under which they were certified. Auxiliary Water Supply: Any water supply on or available to a facility other than the County's water system, which is not permitted by the Florida Department of Environmental Protection and over which the County does not have sanitary control. Auxiliary water supplies may include water from another public water supply, any natural source such as a well, spring, river, stream, harbor or used water, reclaimed water or industrial fluids. 12C 3 Backflow: A reversal of the normal direction oFflow, which has the potential to introduce u'~ed water or mixtures of used water and other liquids, gases or other substances into the County's Public water system From a source or sources. Backflow may occur as the result of back-pressure, back-siphonage or both. _Back-Pressure; Any elevation of pressure in the downstream pipiz;g system caused by, a pump. elevated tank. boiler, or other means that could create pressure within that system, greater than the supply pressure of the County's water system which, would cause, or tend to cause, a reversal of the normal direction of flow. .Backflow Prevention Assembly. At)proved; A mechanical assembly that meets those standards as set forth by thc American Water Works Association (AWWA), the American Society o1' Sanitary Engineers (ASSE), and the Foundation For Cross-Connection Control and Hydraulic Research (FCCC), that has been approved for the prevention of backflow, as back-pres,sure and beck-siphonage, by the Foundation For Cross-Connection Control and Hydraulic Research. and is published in the FCCC's List of Approved Backflow Prevention Assemblies. Backflow Prevention Assembly 'rest Ecluit)ment, At)proved: Equipment recommended by thc assembly manufacturer and approved by the Department. Backfiow Prevention Assembly Test Methods, Approved: Methods as approved ~. the American Water Works Association (AWWA) or the Foundation For Cross-Connection Control and Hydraulic Research (FCCC), whichever is more stringent. Backtlow Control: A connection between a County's water system and a facility's system with an approved and appropriate backflow prevention assembly properly installed that wiq continuously afford protection against contamination or pollution commensurate with the degree of haz. ard. Bac~low Prevention Assembly Technician, Approved: Any person holding at a minimum a valid and current certificate From the University of Florida TREECO Center (UF/TREECO) or equivalent certilication program as a certified backflow prevention assembly technician and who bas submitted the proper documentation to the Department. Back-Sip_honage: A form o£ backflow due to a reduction of pressure in the County's Public Water System. .Contamination: An impairment of the quality of the County's Public Water System by sewage, industrial fluids or wastes, compounds or other materials to a degree which creates an actual hazard to the public health through poisoning or through the spread ofdisease. County: For purposes ofthis Ordinance, the term "County" shall mean Collier County, a political subdivision of the state and, where the context requires or warrants, shall also be deemed to include the Collier County Water-Sewer District and the Goodland Water District. County's Public Water System: For purposes oFthis Ordinance, the term "County Public Water System" shall mean any or all components of either or both the Collier County Water- Sewer District and Goodland Water District's water systems. Cross-Connection; Any physical arrangement whereby the County's Public Water System is connected, directly or indirectly, with any other water supply, sewer, drain, conduit, pool. storage reservoir, plumbing fixture, or other de'vice which contains or may contain contaminated water, sewage or other wastes or liquids of unknown or unsafe quality, which may be capable of imparting contamination to thc public water system, as the result of backllow. By-pass arrangements, .jumper connections, removable sections, swivel or changeable dr"ices, or other temporary or permanent devices, through which or because ofwhlch, backfiow could occur are considered to be cross-connections un]ess otherwise specified within this Ordinance. (~r0ss-Connection Control; The installation of an approved backflow prevention assembly as part of thc County's service connection to a facility where there are actual or potential cross-connections. ~'ros~;-Cormection Control Program: The findings, requirements and procedures estab[L~hcd by this Ordinance and any adrr~fistrative policies and operational procedures established by thc Department to administer and effectuate this Ordinance. D~partrncnt; The Collier County Water Department. Double Check Valve Assembly {DC). Approved; An assembly composed of two single. independently acting, chcck valvcs including a tightly closing approved shut-off vatve located at each end of thc assembly and approved connections (testcocks) for testing the water lightness of each check valve. Thc check valve shall permit no leakage in a direction revcrsc o£ normal flow. The closure clement shall be internally v.'eighted or otherwise loaded to promotc rapid positive closure and supplied with replacement valve seats. Only those double check valve assemblies {DC) approved by the Foundation lbr Cross-Connection Control. Hydraulic Research (FCCC) and the Department are acceptable for installation. Double Detector Check Valve Assembly CDDC). At, proved: An assembly of two independently operating approved check valves with replaceable seats and tightly cbsing approved shut-off valves on each side of the check valves, plus properly located and approved testcocks for the testing of each check valve. A bypass {detector) arrangement consisting of an approved meter and an approved double check valve assembly shall be incorporated with the assembly for detection of leaks or unauthorized use of waler. Only those double detector check valve assemblies (DDC) approved by the Foundation for Cross-Connection Controk H)x:traulic Research (FCCC) and the Department are acceptable for installation. Facility: A residence, building, structure, property, business, operation or premises of any kind that is connected or seeks to connect to the County Public Water System. Facility Owner: The owner, and to the extent the purposes and requirements of this Ordinance warrant, a lessee or sublessee of a residence, building, structure, property, buaines~ operation or premises of any kind that is connected or .seeks to connect to the County Pub~ Water System to receive water through the service connection. The term "facility owner" sh~ also include any agent or representative of a facility owner acting for or on behalf'of the facility owrler. Facility's System; The facility's system shall begin beyond the County's service connection. Thc facility's system may include a potable water system, an industrial piping sy~ter~ or both and may be supplied by the County Public water system or an auxiliary water D~tem or both. 12C (_3.round Water Source: Water that is withdrawn fi.om an underground aquifer Ihat ia not considered by thc Florida Dcpartmcnt of Environmental Protection to be under the direct in~ucncc of surface water. Hazard, Degree of: The term is derived fi'om an evaluation of the potential risk to the public's health, safety and welfare and the potential adverse effect upon the County's Pub~ Water System. ~azard, Health: A cross-connection or potential cross-connection invoMng any substance that could, if introduced into the County's Public Water System. cause death, illness. spread disease or have a high probability of causing such effects. H__.az~rd, Non-Health; A cross-connection or potential cross, connection involving an)' substance that generally would not be a health hazard, but would constitute a nuisance or be aesthetically objectionable, if introduced into the County's Public Water System. Hazard, Pollution: An actual or potential threat to the physical properties or the po:ability of the County's Public water system, which would constitute a nuisance or be aesthetically objectionable or could cause damage to the County's Public Water System or its appurtenances, but would not be dangerous to health. Hazard, System: An actual or potential threat ofsevere damage to the physical properties of the County's Public Water System fi.om pollution or contamination which would b, ave a protracted effect on thc quality of the County's Public Water System. Industrial Fluids: Any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, non-health, plumbing, pollution or system hazard if introduced into the County's Public Water System This may include, but is not limited to: polluted or contaminated waters: all types of processed wate~ and used waters originating from the County's Public Water System which may deteriorate in sanitary quality; chemicals in fluid form: plating acids and alkalis; circulated cooling waters connected to an open cooling tower or cooling towers that are chemically or biologically treated or stabil~ed, with toxic substances: contaminated natural waters, such as from wells. ~prings. rivers, bays. harbors, seas. irrigation canals or systems; oils. gases, glycerin, paraffins, caustic and acid solutions and other liquids and gaseous fluids used for industrial or other purposes or for fire-fighting purposes. Reclaimed Water: Any source or supply of water which contains in pan or entiret2:' water from a wastewater treatment facility in excess of 10%. Reduced Pressure Zone Assembly (RPZ). Approve¢l; An assembly containing two independently acting approved check valves with replaceable seats together with a hydraulically operating, mechanically independent pressure differential relief vane located between the check valves and at the same time below the hrst check valve. The unit shall include properly located and approved testcocks and tightly closing and approved shut-off valves at each end of the assembly. Only those reduced pressure zone assemblies (RPZ) approved by the Foundation for Cross-Connection Control, Hydraulic Research (FCCC) and the Department are aecep',able for installation. 12C Reduced Pressure Zone Detector Assembly CRPZD). Approved; An assembly containing two independently acting approved check valves with replaceable seats together with a hydraulically operating, mechanically independent pressure differential relief valve located betwecn thc check valves and at the same time below the fu'st check valve. The unit shall include properly located and approved testcocks and tightly closing and approved shut-offvalves, at each end of thc assembly. A bypass arrangement consisting of an approved water meter and an approved reduced pressure zone assembly shall be incorporated into the mechanism. Only those reduced pressure zone detector assemblies (RPZD) approved by the Foundation for Cross-Connection Control. Hydraulic Research (FCCC) and Ibe Department are acceptable for installation. Semice Connection: The term "service connection" shall refer to a County owned and maintained water service connection to any facility and shall include the corporation stop, valving, saddle, service line and all fittings up to and including the meter and any backflow prevention assembly installed in accordance with this Ordinance. Ownership and maintenance of the .service connection shall be is the responsibility of the County. Surthce Water Supply: Any source or supply of water which contains in part or entirety water from a lake, canal, pond. retention area or wetland in excess of 10% shall be considered a surface water supply. Water, Non-Potable: Water that is not safe for human consumption or that is of questionable quality. Water, Potable: Water that is safe for human consumption ms descril'x.,d by the Florida Department of Environmental Protection. Water Purveyor: For the purposes of this Ordinance. the term '~'ater pu~'eyor" shall refer to the Collier County Water-Sewer District and Goodland Water District. Public Water Supply, Approved: Any public or private potable water suppl>' or sy.~em which has been approved by the Florida Department of Environmental Protection and which is operating under a valid Florida Department of Environmental Protection operating permit. Water Supph,'. Unapproved.' A v,'ater supply which has not been approved for publ~' consumption by the Florida Department of Environmental Protection. Water, Used: Refers to any water supplied by the County water system (s) after it has passed through the customer's service connection and is no longer under the sanitary control of the County. SECTION FOUR: OPERATION POLICY AND REQUIREMENTS. A. OPeration Policy, I. No service connection that creates an actual or verified potential hazard to the County's Public Water System shall be installed or maintained by the County unless the County's Public Water System is protected as required by this Ordinance. Service of water to any premises shall be discontinued by the County if a backflow prevention assembly required by this Ordinance is not installed, tested and maintained or if it is fo4 that a backflow prevention assembly has been removed or tampered with. Ser',4ce shall not be restored until such conditions or defects are corrected. 12C 2. The facility owner shall be responsible for monitoring the changes in use of the facility and the degree of hazard that those changes represent to the County's Public Water System in accordance with this Ordinance. Failure to provide this information to the Department in a timely manner may result in immediate discontinuance of service until the facility owner has corrected the hazard and reported the information, as required under this Ordinance. to the Department. 3. An approved and appropriate backflow prevention assembly shall be installed as part of each service connection wherever and whenever any of the following conditions exist beyond the water service connection: ~ a. An auxiliary water supply exists that is not maintained or permitted by thc Department of Environmental Protection. b. Industrial fluids or any other objectionable substances are handled in such a fashion as to create an actual or potential hazard of any kind to the County~,s Public Water System. ~'1 c. Internal plumbing or piping arrangements are not known, makin impracticable or impossible to ascertain whether or not cross-connections exist. 4. The type of backflow prevention assembly required shall depend upon Ihe degree of hazard that may exist as follows: a. In cases where there is a surface water auxilia~, supply, the County's water system shall be protected by an approved ak-gap separation or an approved reduced-pressure principle backllow prevention assembly. b. In cases where there is a ground water auxiliary water supply, the County's Public Water System shall be protected by an approved double check valve assembly. c. In cases where there are any substances that would be objectionable, but not hazardous to health, the County's Public Water System shall be protected by an approved double check valve assembly. d. In cases of a facility, where material is stored or handled so as to create an actual or potential hazard of any kind to the County's Public Water System. the Public water system shall be protected by an approved ak-gap separation or an approved reduced-pressure principle backflow prevention assembly. e. In cases of any facility, where because of security requkement$~ other proh~itions or restrictions, it is imposs~le or impractical to make a comple{~ cross-connection sumey, the County's Public Water System shall be protected against backflow by either an approved air-gap separation or an approved reduced-pressure principle backflow prevention assembly. f. In cases ofany facility, where the Department determines an undu¢ health threat is posed because of the presence of extremely toxic substances, the Department may require an air gap at the service connection to protect the County's Public Water System. 5. Any required backflow prevention assembly and its configuration shall be as specified by this Ordinance, thc Collier County Utilily Standards and Proced~ Ordinance. Ordinance No, 97-17. any amendments or successors thereto, and L Department's adrn/nistrativc and operational procedures. 6. In the case of any facility, where a backflow prevention assembly is installed, it shall bc the respons~ility of the facility owner to adhere to the requirements for facility owners as specified within this Ordinance. 7. All persons or companies providing services to the County or the facility owner as specified by this Ordinance shall comply w/th ali provisions ~ requirements of this Ordinance. Failure to adhere to the requirements contained wit~ this Ordinance shall be grounds for removal from the Department's approved lister termination ofany County contracts for the provision of services under this Ordinance. 8. All installed backflow prevention assemblies existing as of the effect/ye date of this Ordinance that do not meet the requirements of this Ordinance. but that were approved assemblies for the purposes of this Ordinance at the time ofinstaflation and that have been properly maintained, shall be exempt from the construction standards of t~$ Ordinance and the Department's related administrative and operational procedures provided that any such backflow prevention assembly will satisfactorily protect the County's Public Water System. Whenever any such existing assembly is moved from/ts present location or requires replacement, the assembly shall be replaced by' an approved backflow prevention assembly meeting dll of the requirements of this Ordinance. B..County Owned Backflog' Prevention Assemblies, Installation, Maintermm:e ar~l Testing Requirements. I. Ownership. The County shall own all backflow prevention assemblies as required by this Ordinance. 2. Installation. The County shall install or cause to be irtstalled the appropriate new or replacement backflow prevention assembly in accordance with Ordinance. 3. Maintenance. The County shall maintain or cause to be maintained all backflow prevention assemblies in accordance with this Ordinance. 4. Testing. The County shall test or cause to be tested all backflo prevention assemblies in accordance with this Ordinance. SECTION FIVE: DEPARTMENT RESPONSIBILITIES. The County shall maintain a Cross-Connection Control and Backflow Prevention Section within the Department to administer Ihe requirements of this Ordinance. The Department shall maintain a minimum start'of certified personnel to perform and or oversee the following .servioes as required by this Ordinance: A. Cross-Connection Survey Reports review; B. Site (field) inspections; C. Cross-connection control systems approval: D. Emergency services and inspections: E. Educational assistance regarding cross-connection control; F. Maintenance and correlation of data generated by the cross-connection control program: G. Administration of all fees and penalties of this program: H. Review of qualifications eslablished under this Ordinance for approving private independent testers and repair technicians: ~ I. Administration ofany County contracts for thc installation, maintenance, repair and test ofbackflow prcvcntion assemblies; and, ' J. installation, maintenance, repair and testing of backflow prevention assemblies. SECTION SIX: PROGRAM RESPONSIBILITIES. A. Facilit r Privatel O m~ I. The facility owner shall be responsible for evaluating the hazard posed by the facility's system or facility's use and ensuring, by installation of an appropriate back flow prevention assembly, that water from an unsuitable source or any other harmful substance docs not enter the County's Public Water System. 2. All facilities {new and existing) that pose a hazard to the County's Public Water System shall comply with all terms of this Ordinance under the direction of the Department. .3. The facility owner shall comply with all requirements specified by the Department in its administration of this Ordinance. 4. Upon order by the Department, the facility owner shall install, or cause be installed, a backfiow prevention assembly and shall maintain such assembly at facility owner's expense. 1 5. The facility owner shall be directly respons~le, and wholly liable, for procedures regarding the facility's backflow assembly. 6. No facility owner may alter the backflow prevention assembly protecting the County's Public Water System unless such alteration is approved by the Department. 7. No facility owner may circumvent the facility's backflow assembly protecting the County's Public Water System. 8. No facility owner shall operate the facility's internal water system when any part of that system is malfunctioning in a manner that poses a hazard of any kind to the County's Public Water System. 9. The facility owner shall immediately report to the Department any malfunction or damage which could affex:t the assembly's ability to protect tbe County's Public Water System. 10. The facility owner shall be respons~le for arranging all iratallations, testing, repairs or overhauls in accordance with this Ordinance. In additio~ the facility owner shall be respons~le for maintaining copies of all documentation and results of all tests, repairs, overhauls, and replacements for the backflow assembly protecting the County's Public Water System. on file at the facility's location for a minimum often ('I0) years. 12C I I. The I'acility owner shall maintain a copy of the facility's cross-connection survey report at the facility's location at all times. 1 B. Facility Owner (County Ov, Tled Assemblies). I. The facility owner shall be respons~le for evaluating the ha~.ard that the facility's system or facility's use poses to the County's Public Water System and reporting that information lo the Department so that the Department may install or cause to be installed an appropriate backflow prevention assembly. 2. The facility owner is respons~le for evaluating the effect of changes to the facility's water syslem or use of the facility over time !o ensure that the existing backflo~· prevention assembly is appropriate for that hazard and reporting that information to Department. 3. The facility owner is responsible for inuT~diately notifying the il' Ihe backflow prevention assembly is observed lo be either malfunctionLqg or damag ~e~ C. T_be Department (Privately Owned Assemblies). I. The Deparlment shall review and approve the data submitted by facil~ owners for the installation, repairs and overhauls of pr~'ately owned assemblies required under this Ordinance or thai were existing as of'the elTeclive date of this Ordinance. 2. Thc Dcparlntcnt .shall have the authority lo prohibit a service connection order thc disconnection of ser','ice to an.,,' connection where: (a). Any kind of ha~ard exists to Ihe County's Public Water System: {b). The facility owner fails to install, operate and maintain an approved and appropriate backflow prevention assembly in accordance with this Ordinance. (c). The Department may inspect all new backflow assembly installations for compliance with this Ordinance, the Collier County Utility Standards and Procedures Ordinance, Ordinance No. 97-17, any amendments or successors thereto, AWWA Manual M-14 Second Edition and other applieab~ Department administrative and operational procedures. (d). The Department shall accept for review only tho~I~ cross-connection survey reports as performed by the facility owner on the Department's self-evaluation forms or performed by a certified cross-connection control survey inspector or professional engineer. (c). The Department shall accept for review only those init~ certification tests, scheduled tests, overhauls, repairs, and replacement reports for any backflow prevention assembly performed by a certified technician from the Department's approved list. (0. The Department shall establish a schedule acceptable to the Flori Department of Environmental Protection under which all existing facilities will be brou into compliance with the terms of this Ordinance. I (g). The Department shall compile and maintain all significant dat~ resulting from reports submitted under this Ordinance. (h). The Department shall require additional data on any report as t0 ~ 120 deemed neces~ry, prudcnl or helpful in Ihe execution of this Ordinax~e. D. De~rtment u t v, semb i . I. The Department shall install or cause to be installed the appropriate backflow prevention assembly for the hazard presented by each facility. 2. Thc Department shall perform or cause Io be performed all testing, maintena, nce and overhauls of County owned backflow prevention assemblies as req 'u~ by this Ordinance. 3. The Department shall maintain all records and other relevant inforrnat on each County owned backllow prevention assembly. E. Certified r s - onneetio ontrol Sue ns ct ' I. Certified inspectors and engineers shall ensure that AWWA guidelines and standards are utilized in their preparation of any facility's cross-connection survey report and that the information provided in any such report is reliable and accurate. 2. Certified inspectors and engineers shall submit any and all information as requested or directed by Ihe Department. 3. Cerlified inspectors and engineers shall maintain copies of all cross-connection survey reports, blueprints, drawings, reports, inspections and any relat~-~l correspondence or documentation for a minimum often ( 10} years. 4. Failure to provide accurate inlbrmation in a timely manner as prescn'bed this Ordinance shall be grounds for termination of any County contracts for service provided in accordance with this Ordinance. F. C_¢ _n_.i t~ _e_d_ B. a c k/!9~- P~r e~v e.~0 ici ans. I. Certified technicians shall ensure that all tests, repairs and overhat~ completed on any backflow prevention assembly protecting the County's water syst¢,~ are performed in compliance with manufacturer's recommendations, AWWA guide~ and standards, and this Ordinance. 2. Certified technicians shall submit to the Department all information relating to tests, repairs and overhauls on any backflow prevention assembly protecting the County's Public Water System as requested by the Department. 3. Certified technicians shall ensure that all information submitted to the Department is reliable and accurate. 4. Certified technicians shall maintain copies of all documentation relating in any way to tests, test results, repairs, overhauls on backflow prevention assemblies protecting the County Public Water System and any related correspondenc~ or documentation for a minimum often (10) years. 5. Certified technicians shall only perform those activities for which the~ certification is valid and approved as outlined in this Ordinance. Reports submitted non-certified or non-approved personnel shall not be accepted by the Department. SECTION SEVEN: BACKFLOW PREVENTION SYSTEMS. A. A roved Backflow Preventio~ I! 120 3, J An approved backflow prevention assembly under Ibis Ordinance is one that those standards set forth by the American Water Works Association (AWWA). the Americ]~ Society of Sanitary Engineers (ASSE} and thc Foundation for Cross-Connection Control Hydraulic Research (FCCC), and is published as approved in the FCCC's List of Approv~ Backflow Prevention Assemblies. For assemblies owned by the County. Ihe County resowes right lo limit thc numbcr of modcl(s) of approved assemblies for purposes of standardization conlbrmity to system conditions. Approved assemblies shall have the t~liowing features. preventer. Shall be testable in linc. Shall be repairable in linc. / Shall have approved shut-off vanes located at ~ach end of the back resistant silicone disc's or oth~ mat~! 4. Shall bc supplied with anu'nonia having the ,same ammonia resistant properties and approved by the Department. 5. Shall have: ia) Resilient seated (wedge), full-flow shut-off valves (or resili seated, full-flow ball valves on sizes two (2) inches or smaller Ihat shall be marked wit ( I ) The manufaclurer's name or symbol: (2) Nominal size ofvalve: (3) Model number: (4) Working pressure. (b) Resilient seated tcstcocks with: (I) An operating stern, which must indicate if the open or closed: (2) The operating stem on a ball valve type oftestcock must blow-out proof; (3) The materials specified as bronze or approved equal. 6. Thc assembly ¢itscl0 shall contain the following minimum markings: (a) The manufacturer's name or symbol; (b) The type of assembly; (c) Assembly size; (d) Assembly model number; (e) Assembly serial number; (0 Rated working water pressure; (g) Direction of flow. 7. No backflow prevention assembly shall be install~ under this unless spare parts are represented by the manufacturer to be available for a period of seven (7) years from date of installation. 12 120 3 g. ~cnever a hackllow prevention as~mhly is tested repaired or by a certified backllow prevention assembly tech~ici~ the assembly shall be following such service to identify the technician. ! I B. H__~_.,~d Cl~_ss_if_c.a. tio~% Unless otherwise specified by this Ordinance, the Department shall use the American Water Works Association (AWWA) standards and guidelines in determining all classifications~f hazards (whether actual or potential). Single family facilities shall be evaluated on a c~se-by4:~ basis. To the extent such residentia/facilities do not have auxiliary water sources or other typ~ of systems or operations on-site which would classify the system as hazardous, a b~ckflo~ prevention assembly shall not be required. Multifamily facilities with a single service conoect{~n or individual service connections having an auxiliary water or other types of system~ or operations on-site that would classify the system as hazardous shall have an RPZ assembly inst~edl~s required by this Ordinance. 1 I SECTION EIGHT: BACKFLOW PREVENTION SYSTEM DESIGN. A. Al! Fact it es 1. The design shall be consistent with the standards and specificatiom for in the Collier County Utility Standards and Procedures Ordinance. Ordinance No. 97 any amendments or successors thereto, and the Department's operational arid administrative procedures. 2. The design shall utilize AWWA standards and guidelines and FC approved backllow prevention assemblies (latest edition} unless otherwise specified by Ordinance or the Department's adminislrative and operational procedures. 3. Backflow prevention assemblies shall be designed as part ofthe County' service connection, unless other wise approved by the Department. 4. The facility owner shall be rcspons~le for determining if the facili~ system requires an uninterrupted supply of water that would be adversely affected iii routine maintenance or other activities involving the backflow prevention assemb.ly. Ti~ lhcility owner shall be responsible for installing or requesting a parallel backflo~w prevention assembly. In such instances, two (2) approved backflow prevention assembli~ of the same manufacturer, size and model numbers shall be installed. B. Existing Facilities Only. 1. Residential {Single Family). If an actual hazard as defined in this Ordinance poses a threat to the County Public Water System, an approved b~ckflow prevention assembly shall be installed. 2. Other Facilities. These facilities include, bu! ~re not limited commercial, industrial, and multi-family residential facilities. Where actual or pot hazards are identified, an approved backflow prevention assembly shall he ins't~l some instances, it may be difficult or imposs~le to accurately determine suchffi~a cross-connection status because plumbing plans of the facility's potable water s2,.stem nonexistent, unreliable or unobtainable. In instances where a cross-connection not feasible, an air gap separation or reduced pressure device shall be installed ba.~-d 13 the degree o f hazard. C. Installat~ I. All installations shall be consistent with the Department's administrative operational procedures. a. All approved backflow prevention assemblies for commercial, industrial and multi-family facilities shall be installed above t~ Finished grade, unless otherwise approved by thc Department. b. Residential double check Backflow assemblies may installed grade in a enclosure specified or acceptable to the I below Department. c. Residential Reduced Pressure assemblies shall be installed above final finished grade. 3. Backflow prevention assemblies shall not be installed above final finished grade in any type ofvault, unless such vault is constructed to allow at least thirly per 'c~ (30%) of its sidewalls to be open or ventilated at the grade level. These openings or vents shall be unobstructed and of such size to permit any vented water to freely pass through the openings to Ihe outside. 4. Backllow prevcnlion assemblies shall not be installed in any position other than horizontal, unless the assembly has received approval for such installation by thc assembly's manulhcturer and the FCCC. 5. Backllow prevention assemblies shall be installed in outside locations as part of the Depa.rtment's service connection and shall be protected from poss~le damage caused by normal traffic. 6. All backflow prevention assemblies shall be a minimum of twelve (12) inches above final finished grade (or pad) to a maximum of thirty (30) inches, as measured from the lowest point of the assembly: and a minimum side distance of three (3) feet from any wall, fLxed aperture or landscaping. 7. All backflow prevention assembly installations shall be preceded by a wye strainer (5/8" to 2") or top access strainer (2'A" to 10") and appropriate shut-offvalv¢ to facilitate cleaning and inspection of the strainer. All assemblies and strainers serving fu-e protection systems shall be approved for such service. In addition, all assemblies shall be supplied with ammonia resistant silicone discs or a Department approved equal. 8. Installers of backflow prevention assemblies may test and certify the backflow prevention assembly they have installed. However, all such tests and certification reports shall be completed only by a technician with the appropriate certification from the County's approved list. SECTION NINE: SERVICE AND REPORTING. A. Testin Fre uen Sch dui . I. All backflow prevention assemblies shall: 14 12C 3 (a) Be tested at least once evcry ),car. unless other wis~ speci£~-d thc Florida Department of' Environmcn(al Protection; (b) Bc tested (and rcscalcd) only by a certified backflow preventior device technician; (c) Bc tested utilizing procedures approved by the AWWA or its cquivalcnt: (d) Be tested with test equipment approved by the AWWA or its equivalent. 2. The Department may require a more frequent test schedule for assemblies serving £acilitics classified in accordance with this Ordinance as high hazard or that frequently fail regularly scheduled tests, as necessary to protect the public health and safety. B. Overhaul Schedules. I. Ail backflow prevention assemblies shall: (a) Be overhauled as ncccs'~a'Y or as recommended by thc manufacturer, unless other wise specified by the Department of Environmental ProtectiO~ technician: (b) Overhauled only by a certified backflow prevention assembly (c) Be overhauled using acceptable procedures as recommended by the asscmbly's manufacturer. C. _Rt;pairs and Replacements. I. Backflow prevention Assemblies. (a) Backllow prevention assemblies that repeatedly fail a required test shall be reported to the Department immediately and before any repairs are undertaken. Required repairs shall be pcrtbrmed by a certified technician as outlined by this Ordinance. (b) Any assembly that is unable to be repaired or overhauled (scheduled or nonscheduled) shall be replaced immediately. At the completion of the repairs or replacement, the assembly shall be tested by a certified technician as outlined by this Ordinance. 2. Until such repairs or replacements are completed, the service connection shall be deactivated, if deemed necessary by the Department, to protect the public health. ~fety and welfare. D. Testin~t Equipment and Methods. I. Test Eauipment. Certified backflow prevention assembly technicians shall test ~uch assemblies using that equipment as recommended by the assembly's manufacl'm-er approved by the Department. 2. Test Methods. Only AWWA and FCCC melhods .shall be used when testing hackflow prevention assemblies. 3. Ccrtificd hackflow prevention assembly technicians shall have their testing instraments certified at least once every year for accuracy, or as often as the equipment 15 cop~ of ~ ~'s ~ r~'~ ~. t~ ~~. C~lbn ~c~ ~ on ~ufac~g ~ ~d~ Facllily ow~ ~c directly re~le for all r~o~s ~d r~g proced~ rcg~ding pdvatcly owned back~ow ~semblies protect~g Ibc Coum~s wat~ s~tem. Thc facility o~er ~y desi~te ~ agcnt to act on his ~lf, but ~ ~ way do~ ~ch action allevia~e lhe ~aciEty owner's rcs~nsibility. I. Reining Scheduled T~ ~d Over~uls (Privately ~d ~mbliegL Repons Iht initial ce~ification tesls, regul~ ~ual tests ~d ov~uls of a fac~Jt~s pdvalely owned backflow ~sembly must required by this Ord~ce. Such repo~s shall Facility owner on the Dep~ment's approved fo~. It shall Ihcility owner to mail or deliver Ibc compleled repo~s this Ordin~ce and the Dcp~ment's ad~slrative 2. Re~n~g OF No~heduled Repabs or Replacements {Pdvalely O~ AssembliesZ Any backflow prevention ~sembly which Ms ~en d~ged, is di~g~g abno~ally or lhils any test. shall ~ reported i~ediately by the I~cilily o~er m follo~ Step 1: Notify Ihe Dep~ment. lFthe Department's offices ~e clo~ noli~ the after-hours on-call personnel. Step 2: Contact a certified backflow prevention assembly tec~ci~ trom Department's approved list for immediate repairs. ~ 3. Any time a replacement is required for a privately owned assembly, such n assembly shall comply with all sections of this Ordinance. F, Cross-Connection Survey Repons. I. New Facilities. ~ The owner of a new facility shall submit a cross-connection survey repo for the facility to the Department prior to occupancy and service connection activatio The report shall be submitted for the facility using the Department's approved forms. Survey reports shall include the survey inspector's or engineer's recommended baekflow prevention assembly for the degree of hazard created by the facility. Survey reports for other than single family residences shall be completed by a certified cross-connection control survey inspector or engineer and shall contain that inspector's name 4 certification number on each page or the engineer's .seal and number. Any such report]l~ submitted to the Department without this information shall be deemed unacceptable and t6 3 shall not be reviewed. For single family residences, thc survey report may be filled out by the facility owner using the Department's approved self-evaluation forms. 2. Exi~in~ The Department shall send notification to the owners of existing facilitL where cross-connections are suspected. Facility owners shall, upon notification and witL 90 days submit a cross-connection survey report for the facility to the Department. T~e cross-connection survey report shall have been completed by a certified eross-connect~n control survey inspector from the Department's approved list or an engineer and contain the inspector's name and certification number or engineees seal on each page. survey report submitted to the Department for review without this information shall be deemed unacceptable and shall not be reviewed. For single family residences, the survey be filled out by the owner using the Deparlment's approved self-evaluation report may fbrms. 3. ! R___e~cJajme_cl. Water Conneetjg_.~ All properlies served by reclaimed water shall be surveyed at interv acceptable to the Department of Environmental Protection. but no less then every three year$~ to changes, additions or deletions in the customer plumbing system. All property surveys raritY[~ to have the potential to create a cross-connection shall undergo further review up to and including site visits bv the Count)' to investigate potential hazards. 4. S__urx'e'.~R__e. pgrt Review ar}d__Approval. .-\l~er thc Department has received and reviewed the cross-connection survey report lbr a proposed facility or use. the Department may take the follow~ action: la) The Department may accept the cross-connection survey report written. (b) The Department may reject the cross-connection survey report written. 1 (c) The Department may request additional information before accepting or rejecting the report. {d) The Department may require a meeting with the facility owner's designated agent, certified cross-connection control survey inspector, engineer or all such entities or individuals involved before acting upon the Report as submitted, i 4. .Department Acceptance of Cross-Connection Survey R _ev~rt, Upon acceptance and approval of the cross-connection $n.u'vey report, ti Department shall issue a notice of acceptance. Once a baekflow prevention assembly has been approved by the Department, no changes or alterations shall be made without th~ approval of the Department. 5. Final Aoproval Of Backflow Prevention Assemblies ePrivatelv Owned1. After a facility's backflow prevention assembly has been initially test~ certified and approved, the facility owner shall notify the Department that the new facility is ready for final inspection. The Departmenl or its agent shall make a site inspection of the new facility. Until the facility's backflow prevention assembly passes this inspection, thc service connection shall not be activated. 6. Testing and Overhaul Schedule (Privately Owned Assemblies), Within thirty (30) days after final approval ~ been issued for a new facility's backfiow prevention assembly, the Department shall send '~ letter to the owm'r outlining the testing and overhaul schedule. This letter shall list each component of t~ facility's cross-connection control system and how Frequently each mechanism includ'~ the backflow prevention assembly shall be tested and overhauled {where applicable) a~ testing results and completion of overhauls shall be reported to Ihe Department. SECTION TEN: TECHNICAL IMPLEMENTATION. In order to provide protection to the County's Public Water System from contamination and a high level of customer service and program quality at a reasonable and economical cost to the customers or consumers of thc Collier County Water-Sewer District and Goodland Wat~ District. all backIlow prevention assemblies installed for the purposes of complying with tl~ Ordinance shall be owned by the County. All facility owners that also own existing backfloI prevention assemblies, that arc subject to this Ordinance. may dedicate and convey assemblies to thc County for ownership and maintenance within 120 days From adoption of th|$ Ordinance. Any assemblies not dedicated and conveyed to the County within that 120 day period shall remain in private ownership unless approved by the Count.,.'. In cases where ownership of,, backtlow prevention assembly remains with the facility owner, the facility owner shall responsible lbr complying with all maintenance and other requirements of this Ordinance. technical and administrative requirements of this Ordinance shall be implemented as follows. A. program Administration. It shall be the responsibility of the Department to administer, coordinate, monit, and track the technical implementation and ongoing requirements of this Ordinance compliance. B. New Installations, 1. Backflow prevention assemblies for 5,'8" through 2" meters shall, if identified as necessary, at the time of service application, be installed by the Department or County's contract agent as pan of and at the time of the installation of the County's connection. 2. Backtlow prevention assemblies for meters greater than 2" size shall installed as part of the service connection for new construction by a plumbing or contractor retained by the facility owner. All such backflow prevention assemblies shall conveyed to the County for ownership in accordance with the Collier County Utility and Procedures Ordinance, Ordinance No. 97-17. any amendments or successors thereto, and Department's administrative and operational procedures. Ig 1. Backflow prevention assemblies where the meter is between $/8" throu 2" shall bc owned by the County and installed by the Department or the County's contract as a part of thc Department's meter change out program or when the degree of lazard warrants, thc Department's maintcrmncc staffor County's contract agent. 2. Backflow prcvention assemblies where thc meter is greater than 2" shall be by thc County and installed by thc Dcparlmcnt or Ihc County's contract agent. D. ~ I. Repairs of backflow prevention assemblies where the meter is 2" shall bc performed by thc Department or the County's contract agcnt. 2. Repairs of backflow prevention assemblies where the meter is greater 2" shall be perforrncd by the Department or the County's contract agent. E. ~ Replacements of backflow prevention assemblies shall be performed by Department or thc County's contract agent. F. Testin~ I. Count~L_Owned Assemblies. The Department or thc County's contract agent shall perform all and miscellaneous testing on all County owned backflow assemblies. subsection of this Ordinance docs not apply to the assembly's initial when installed by a private sector contractor for a facility owner. 2. PrivateLY Owned Assemblies. All testing of privately owned assemblies shall be performed by independent certified backflow assembly technician as outlined within Ordinance and meeting all legal, regulatory and code requirements for the serv classification. SECTION ELEVEN: PROGRAM FUNDING. A. New Installations. Within 120 days from the adoption of this Ordinance, the County shall adopt by ordinance a fee, charge or rate lo cover the County's anticipated cost to provide for Departmenta~ services under this Ordinance. New customers of the Collier County Water-Sewer District Goodland Water District, i.e., faciLity owners, shall be respon, s~le for payment of this fee, charge or rate, if applicable, at the time and in conjunction with the payment of appLicable impact and meter tapping fees or within 30 days after service is rendered. 1 B. Retrofits~ All active service connections that have existing hazards as of 120 days from adoption of this Ordinance shall be considered existing retrofits for purposes of program fund under this Ordinance. The County's retrofit program for existing service connections shall be funded through existing and future water user fees. C. Retr~ 120 } County service connections requiring a backllow prevention assembly that ~comcs active or create a new hazard more than 120 da)~ aller Ibc adoption of this Ordinunce shall be considered new retrofits for purposes of program funding under this Ordinance. The County shall establish on an annual basis a charge to cover the cost of this category of'retrofits based on a competitive bid process or the County's cost. Customers. i.e.. facility owners, in this category shall be assessed this charge to cover the County's installation cos[s. The County's repair and maintenance program on all County owned backflow prevention assemblies shall be ~unded through existing and ~uture water user fees. The County's backflow prevention assembly replacement program for assemblies owned by the County shall be £unded through existing and future water user fees. F. Testi0.g: The County's annual and miscellaneous testing program on County owned backflow prevention assemblies shall be funded through existing and future water user fees. SECTION TWELVE: TERMINATION OF SERVICE. A. Any thcility with a privalely owned backllow prevention assembly receiving water service I'rom thc County's Public Water system that fails to perlbrm the required testing or make required repairs to the backflow assemblies as directed by this Ordinance. the Department or a certified backllow assembly technician, shall be subject to termination of service. Such terr. fination may continue until all violations of this Ordinance are corrected. B. Any facility with a County owned and maintained backflow prevention assembly shall not be subject to this provision as the Deparlment shall be responsible for the testing and maintenance of the assembly. 2o An,,,' person who violates any provision of this Ordinance, or amendments thereto, shall be subject to the penalties provided in Section 125.69, Florida Statutes. In addition, the County may bring suit for damages ~'or any violation o£ this Ordinance and amendments ther~o, and to restrain, enjoin or otherwise prevent ,~ violation of or mandate compliance with this Ordinance and amendments thereto. · -SECTION FOURTEEN: COLLECTION OF FEES, CHARGES OR RATES. The County or its agent shall be responsible for collecting any fees, charges or rates established by thc Board o1' County Commissioners connected with the establishment and ongoing maintenance of' the cross-connection control program authorized by this Ordinance. SECTION FIFTEEN._. CONFLICT AND SEVERABILITY. The provisions of this Ordinance shall be liberally construed Io effectively carry out ils purposes in the interest o£ public health, safc~, welfare, and convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distincL and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. _SECTION SIXTEEN.._ INCLUSION IN THE CODE OF LAWS AND ORDINANCES. Thc provisions of this Ordinance shall become and be made a pall of the Code of Laws and Ordinances of Collier Count)'. Florida. The sections of the Ordinance ma)' be renumber~d or re-lettered to accomplish such. and the word "ordinance" may be changed to "section", "article", or any other appropriate word. S~ECTION SEVENTEEN~ EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State and adoption of' an ordinance setting forth the rate, fee or charge for Depar~ent services in connection with new installations and the filing of that ordinance with the Department of'State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida, this da)' of . 1997. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: County Attorney By: Timothy L. Hancock. AICP Chairman 21 Na~Les, FL 33940 Affidavit of PubLication NapLes DaiLy Ne~'s BOARD OF CCXJNTY ATTN: NANCY SALOGU8 PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 700897 t~OT[CE OF INTENT TO State of FLorida County of CoLLier Before the u~:lerstgned authority, personaLLy appeared B. Laab, vho o~ oath says that she serves as the Assistant Corporate Secretary of [ha Naples Dat[y Ne~$, a daily newspaper Pobttshed mt Naples, in ColLier County, FLorida: that the attached ~ of the edverttsir~g vas published in aatd ne~spepor on dates Ltsted Affiant further says that the said NapLes Dotty CoLLier County, Florida, am:l that the said newspaper has heretofore been continuously ~[ished in said CoLLier County, FLorida, each day ar~l has b~en entered as second class mail setter at the post office in Nap[es, in said CoLLier County, FLorida, for a period of I year next precedtn~ the first publication of the attached copy of edverttseae~t; an~ affiant Y D'-- ' EFFECTIVE dtsc~t, r~te, c~isstm or ref~ for the ~[tcati~ in the said n~per ~LISHED ~: 07/13 07/20 ~ ~d,. C~ ~n~ AD SPACE. 105.~ XNCH FILED ~: 07/21/97 ............... 2 ........ ~ ~, ~ d ~ C~ .......... ~- ...... ~.__+ .......... / ,~ ~.~ ~,~1 ~T~ Tr Stg~ture of Affiant ~' /~/ ~ 12C OrlCR Il MrK)¥ Mven thaf O~ ~ .~ ,CRO~ONNE~N __~J~v[ ~ROGRAM: ~ETTING RO~DI~ ~ AL~TION. ~JNTENANCE ANO BACXFLOW PREVENTION ~_~ ~L~ C~Y WA~ U~ARTQ~NT: PROVIOIN~ PRO. ~ u~ AHO REQUIrEmENTS THE_~OLLECTiON OF FEES, ~ ' A~ EA~ ~OV~I~ ~ROVIDIN~ ORDINANCE NO. 97- 3.3 AN ORDINANCE CREATING AND ESTABI.ISIIING A CROSS-CONNECTION ('ONTROL PROGRAM; SETTING FORTtl THE PURPOSE; PROVIDING I)EFINI'riONS; PROVIDING AN OPERATION POLICY; PROVIDING FOR INSTALLATION, MAINTENANCE AND TESTIN(; REQUIREMENTS FOR COUNTY OWNED AND ?RIVATEI.Y OWNED BACKFLOW PREVENTION ASSEMBLIES; PROVIDING RESPONSIBII,ITIES OF TIlE COI,IJER COUNTY WATER DEPARTMENT; PROVIDING PROGRAM RESPONSIBILITIES; PROVIDING FOR BACKFI,OW PREVENTION SYSTEMS; PROVIDING FOR BACKFLOW PREVENTION SYSTEM DESIGN; PROVIDING SERVICE AND REPORTING SCIIEDill,ES AND REQUIREMENTS FOR BACKFLOW PREVENTION ASSEMBLIES; PROVIDING FOR TECIINICAI, IMPI,EMENTATION; PROVIDING FOR FUNDING; PROVIDING FOR TERMINATION OF SERVICE; PROVIDING FOR PENAI,TIES; PROVIDING FOR TIlE COLLECTION OF FEES, CtIARGES AND RATES; PROVIDING FOR CONFLICT AND SEVERABII,IT¥; PROVIDING FOR INCI,USION IN TIlE CODE OF I.AWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WIIEREAS, Florida Administrative Code Rule 62-555.360 requires all community water syslcms lo have a cross-Co[lnCClion control program: and WItEREAS, Florida Administrative Code Rule 62-610.470 requires Ihat all communities served by reclaimed water have a cross-connection control program to prevent contamination of the potable water system: and WtlEREAS. establishment and maintenance of a cross-connection control program is a condition and requirement of operating permits issued by Ihe Florida Department of Environmental Protection to the Coil/er County Water-Sewer District and Goodland Water District; and WIIEREAS, the Board of County Commissioners of'Collier County. Florida, finds it to be in thc best interest of the public to have a County operated and maintained cross-connection control program Itl monitor hazards to the County's Public Water System and Io protect the public health, sali:ly and wellhrc by providing Ibr. among olher Ihings, Ibc installation, ownership, repair and testing of backllow prevention assemblies. NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNIY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: SECTION ()NE: TITI,E AND CITATION. This Ordinance shall be known as and cited as "The Collier County Cross-Connection Control/Backllow Prevenlion Ordinance". SECTION TWO: FINDIN(;S. The Board of County Commissioners hereby makes the lbllowing findings: A. That Florida Administrative Code Rule 62-555.360 and 62.610.470 requires all community water systems to establish a cross-connection control program to d¢lecl and prevcnl cross-connections that create or may create an imminent and substantial danger to public health and sa fi21y. B. That the Collier County Water-Sewer District and thc Goodland Watet"~District ar,' community water systems as dclincd by Florida Administrative Code Rule 62-550.200¢91. ('. That thc cslablishmcnt and maintenance ol'a cross-connection control prog~m is a condition and requirement of' County's water and wastewater operating permits issue~bv thc Florida Department o1' Environmental Protection lo thc Collier County Water-Sewer Di~i'ict and the Goodland Water District. D. That thc health, safety and welfare of pcrmns using and/or relying upon t Public water system of the Collier County Walcr-Scwer District and the Goodland Water Distrilis best served and protected by thc establishment and maintenance of a cro~'~-connectkm control/backllow prevention program, including provisions for installation of backllow pr~evention assemblies, to prevent the C{mnty's Public Water System from becoming policed or contaminated by backllow I?om actual or potential contaminants or pollutants. E. That it is in thc best interest of the users or thc Collier Counly Ware ~ewer District and Goodland Water District and the public generally that if. in accordance '~ [h this Ordinance, a backllow prevention assembly must be installed as pan o1' an.,,' water ~ler,,'icc connection within either the Collier County Water-Sewer District or Goodland Water 'istrict. thai Ih¢ Collier County Water Department shall install and maintain or cau,~ to be install~ed and maintained the appropriate backflow prevention assembly Ibr the degree of ha:,'.ard preseni,ed and thc County shall own Ibc backllow prevention assembly. SECTION THREE: DEFINITIONS. For Iht purposes o1' this Ordinance. the dclinitions contained in this Section shall apply umcss otherwise specifically stated. Words used in thc present tense include the Ihture, w~rds in thc plural number include Ihe singular, and words in the singular include thc plural. TbS.,word "shall" is always mandatory and not merely discretionary. Air Ga~: A physical separation between the fi'ee-Ilowing discharge en~ of a potable water supply pipeline and an open or non-pressure receiving vessel. An approved atilt-gap separation shall be at least double the diameter of the supply pipe as measured vertically abo~e the top ofthe rim or'the receiving vessel. In no case, shall the air-gap be less than one inch. A_~~ Thc list of certified backflow prevention assembly technicia~and cross-councction survey technicians who have submitted their certification and in the c~e of assembly technicians, thc most recent calibration results on their testing equipment, t~ the Department tbr review and approval. All applicants meeting these requirements sha~l be approved to perlbrm work on private and County owned backflow assemblies. To remain ~nn thc approved list, applicants must comply with all the requirements listed within this Ordinanc~and thc requirements under which they were certified. Auxiliary. Water Sul~pJy~ Any water supply on or available to a lhcility other t4thc County's water system, which is not permitted by the Florida Department of Environn~ntal Protection and over which the County does not have sanitary control. Auxiliary water ~ ~lies may include water I'rom another public water supply, any natural source such as a well ag. river, stream, harbor or used water, reclaimed water or industrial fluids. Water Syslem" shall mean any or all corny, orients oF either or bolh Ihe Collier Sewer District and Ooodland Water District s water systems. ~ross-Connection: Any physical arrangement whereby the County's~ System is connected, directly or indirectly, with any other water supply, sewer, pool, storage reservoir, plumbing fixture, or other device which conlains or I12C 13~tc_'k.ll(!',3~. A reversal oflhe normal direction of flow. which has Iht pol~'ltial to introduce used water or mixk, rcs of used water and other liquids, gases or other su~stanccs into Ih,.: C.~unty's Public water syslem from a source or sources. Backflow may oecu~ as thc rcsul! of back-pressure, back-siphonagc or both. B._a_c_k_-J~r_c:,;_.s_urc_.L An)' clevalion of pressure in Iht downstream piping system caused by a pump, elevated tank, boiler, or olhcr means Ihal could crealc pressure witt.;n that system, greater than Ibc supply pressure of Iht Counly's water system which, would cause, or tend to cause, a reversal o£ thc normal direction of flow. D_a_ck__l.'~ow Prevention Assembb~__A.p~ro~cd: A mechanical assembly t meels Iho.~ of Sanitary Engineers (ASSE), and Ibc Foundation £or Cross-Conneclion Cont~l and Hydraulic Research fFCCC), that has been approved Ibr Ihe prevention of backflow, as ck-prcssure and back-siphonagc, by the Foundation Ibr Cross-Conneclion Control and Hydraulic Research. and is published in thc FCCC's List of Approved Backflow Prevention Assemblies. !~_c~ckfl~v Prcventiqn As~mbb,z_'l-es! Eqt~l~rm~ved~ Equipment recommended by the assembly manul~cturcr and approved by the Department. P, ac__~kflo___w P_._Z~vent on Assembly TeS! Mcthod.~ Methods as proved by thc American Water Works Association {AWWA) or thc Foundalion for Cross-Corll~ection Control and Hydraulic Research (FCCC). whichever is more stringent. I Backflow Control: A connection between a County's water systemFd a t~c lily's system with an approved and approprialc backflow prevcnlion assembly propert~ installed Ihat will continuously aflbrd protection against contamination or pollution commensurate with the dc~,ree of hazard. Backflow Prevent on Assembly Technician,__Approved: Any person holding at a minimum cqmvalcnt ccmhcatmn program as a certified backflow prevention assembly tcchrl~cian and who has submitted Iht proper documentation to the Department. Back-~JP.h_o__nage: A tbrm of backflow due to a reduction of pressure in thc County's Public Water Syslem. _C{_Lnt._a_m~_nagig. n_.' An impairment of the quality of the County's Public Water Syslem by sewage, industrial Iluids or wastes, compounds or other materials to a degree which creates an actual hazard to thc public health through poisoning or through the spread ofdiseas~ County: For purposes &this Ordinance. the term "County" shall mean C~ollier County. a political subdivision of Ihe state and, where the context requires or warranls,~[shall also be deemed to include the Collier County Water-Sewer District and the Goodland Water District. C_'_o_u~blic Wa!er Sy~!~m For purposes of this Ordinance, the term "Count>' Public mty Water- ~blic Water lin. conduit, ~y conlain 3 contaminated water, sewage or other wastes or liquids of unknown or un~fe t~alitv which ma.~ be capable of imparting contamination to the public walcr system, as ~he ~lt of backflox~. By-pass arrangements..jumper connections, removable scclions, swivel or changeable devices. other temporary or permanent devices, through which or because of which, backflow could occur are considered Io be cross-connections unless otherwise specified within Ibis Ordinance. ~os~-_C_'on_n_ecdt~n_~.L_'~!0!r~9~: 'l"he installation of an approved backllo,,,.' prevention assembly as part of thc County's semite connection to a Ibcility where thL are actual or potential cross-connccliuns. (-'ross-[ionnection Con!rol~__Program_.~ Tbe findings, requirements and procedures established by this Ordinance and any administrativc policies and operational procedures established by thc Dcparlment to adminisler and effectuate this Ordinance. -D_gp0~m_qn__t The Collier County Water Department. Dt.~ub[c (-.'hcck...Valvc A~__mJ~h,: {DC'), ^pprovcd[ An as~mbly compo of two single. independently acting, check valves including a tightly closing approved shut-off va[ye located at each end o['thc assembly and approved connections (lestcocks) [bt testing the water tightness of each check valve. Thc check valve shall permit no leakage in a direction revers f normal []ow. Thc closure element shall be internally weighted tlr olherwise loaded lo pro~l~lT~otc rapid and positive closure and supplied with replacement valve seats. Only those dotl~le check valve assemblies (DC) approved by th,,- Foundation [hr Cross-Connection Control, Hydraulic Research (FCCC) and thc Deparlment are acceptable for installation. _Double Deteclor £'beck Valve A. smmbly {DDC). Approved[ An as,~mbly of two indcpcndcntly operating approved check valves with replaceable seats and tightly closing approved shut-oil' valves on each side of the check valves, plus properly located and approved testcocks for the testing of each check valve. A bypass (detector) arrangcmcnl consisting of an approved meter and an approved double check valve assembly shall be incorporated wilh the assembly for detection of leaks or unauthorized usc of walcr. Only those double dcteclor check valve assemblies (DDC) approved by the Foundation Ibr Cross-Connection Control. Hydraulic Research ('FCCC) and the Department arc acceptable for installation. Fac__jl~': A residence, building, structure, property, business, operation or premiss of any kind that is connected or seeks to connect to the County Public Water System. Facility ()'.,,'ncr: The owner, and Io thc extent the purpo,~s and requ~l~ments of this Ordinance warrant, a lessee or sublessec of a residence, building, structure, pro~"rty, business, operation or premises of any kind that is connecled or seeks to connect to thC'~?°unty Public Water Syslcm to receive water through the service connection. Thc term "facility owner" shall also include any agcnl or representative ora [hcility owner acting for or on behalf of Iht Ihcility owner. _l'iacility's System: Thc [hcility's system shall begin beyond Ihe Counly'.,¢ .~rvice connection. The facility's system may include a potable water system, an industfia~iping system or both and may be supplied by thc County Public water system or an auxiliary w~ter system or both. (}round Water Source: Water lhal is withdrawn from an underground aquili:r that is not c, msidcred by the Florida Deparlment of Environmental Protection to be under thc direct influence ofsurlhce water. I! _a,',grd~, D__c_'gr_c_g_.Of_: The term is derived Ii'om an evaluation of thc potential risk to the public's health..~ffcty and well:arc and the polcnlial advcr~ cffccl upon tI County's Public Water System. ~ ' H__L~_'rd, Health: A cross-connection or potential cross-connect~n involving any substance Ihat could, if introduced into thc County's Public Water System, cause death, illness. spread disease or have a high probability of causing such effects. lt__azg_r_d~_N.9_n-llcalt______hh; A cross-conncction or potential cross-connection invoMng any substance that generally would not be a health hazard, but would constitutc a nui~nce or be aesthetically objectionable, ir introduced into the County's Public Water System. ~Hazard, Poll.ulion: An actual or potential threat to the physical properties or thc potability of the County's Public water system, which would constitute a nuisance or be aesthetically objectionable or could cause damage lo thc County's Public Water System or its appurtenances, but would not be dangerous to health. Itazard~..,'5,~,stcrn~ An actual or potential threat of~vere damage 1o the physical properties of the County's Public Water Systcm from pollution or contamination which would have protracted etl~2ct on thc quality of thc County's lublic System. Industrial Fluids: Any fluid or solution which may be chemically, biolog{~ifllv or othcrwi.~ contaminated or polluted in a form or concentration such as would constitute a health, non-health. plumbing, pollution or system hazard il' introduced into Iht County's Public Water Syslcm. This may include, but is not limited to: polluted or contaminated waters: all types of processed waters and used waters originating I?om the Counly's Public Water System which may deteriorate in sanitary quality: chemicals in fluid form; plating acids and alkalis; circulated cooling waters connected to an open cooling tower or cooling towers that are chemically or bi~ogically Irealcd or stabilized, with toxic substances: contaminated natural waters, such as fro~ wclls, springs. rivers, bays, hartx)rs, seas. irrigation canals or systems: oils, gases, glycerin, paraffins, caustic and acid solutions and other liquids and gaseous fluids used for industrial or other~Purposes or lire-lighting purposes. ~R~;~c!a_ime___d~_Water Any source or supply ofwatcr which contains in part or entirety water from a wastewatcr treatment Ihcility in excess of 10%. Redu~c~d_ Pressure Zo_n_e_._A~s_se_mbly (RPZ.), Al~p__r.o..ved: An assembly containing two independently acting approved check valves with replaceable seats together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit shall include ~ropcrly located and approved testcocks and tightly closing and approved shut-off valves at ~lCh end of the assembly. Only tho~ reduced pressure zone assemblies (RPZ) approved by Ih undation for Cross-Connection Control. Hydraulic Research (FCCC) and thc Dcpartmcnt at, acceptable for installation. 120 Rcduc_ed Pre_ssurc Z~¢/)~¢ctorAs,~mbly (RPZI)), ApnrovcdL An as,~mbly containing two independently acting approved check valves with replaceable seats together with a hydraulically operating, mechanically independent pressure dillizrcntial rclicl' valve located between thc check valves and at thc same time below the first check valve. The unit shall include properly located and approved tcstcocks and tightly closing and approved shut-off valves, at each end of tl~c assembly. A bypass arrangement consisting of an approved water meter and an approved reduced pressure zone assembly shall bc incorporated into Ihe mechanism. Only those reduced pressure zone detector assemblies (RPZD) approved by thc Foundation Ibr Cross-Conncclion Control, Hydraulic Research (FCCC) and thc Department arc acceptable for installat ion. ~_ervice Connection: The term "~rvice connection" shall refer to a County owned and mainlaincd water service connection to any ~hcility and shall include thc corporation stop, valving. s~ddlc, service linc and all fittings up to and including thc meter and any backl]ow prevention assembly installed in accordance with this Ordinance. Ownership and maintenance of the service connection shall be is the responsibility ol'thc County. S~rl_:,~e__W~aj~r~S~pply: Any source or supply of water which contains~ part or entirety water I?om a lake. canal, pond. retention area or wetland in cxcc.~,~ of 10% shall be considered a surface water supply. Water, Non-Potable_.' Water that is not .'.;al~ Ibr human consumption or that is of questionable quality. Water, Potable: Water that is sal~ for human consumption as de~ribed by the Florida Departmcnl of' Environmental Protection. Water Purveyor: Fur the purposes of this Ordinance, the term "water purveyor" shall refi:r to the Collier County Water-Sewer District and Goodland Water District. Public Water Supply, Approve~ Any public or private potable water supply or system which has been approved by the Florida Dcparlment of Environmental Protection and which is operating under a valid Florida Department of Environmental Protection operating permit. Water ~u_ppJy, Un_a.ppro_vg~; A water supply which has not been approved Ibr public consumption by thc Florida Department ol' Environmental Protection. WateLJ, Jsed_: Refers to any ~vater supplied by the County water system (s) after it has passed through thc customer's service connection and is no longer under thc sanitary control of the County. ~ECTION FOUR: OPERATION POLICY AND REQUIREMENTS. A. Qpcration I. No service connection that creates an actual or verified potential hazard Io the County's Public Water System shall be installed or maintained by thc County unless thc County's Public Water System is protected as required by this Ordinance. Service o1' water to any premises shall be discontinued by the County if a backflow prevention assembly required by this Ordinance is not installed, tested and maintained or it' it is ~bund that a backflow prevention assembly has been removed or tampered with. Sen'ice shall not be restored until such conditions or defects are corrected. 3 2. Thc Ihcility owner shall Ne rcs'ponsible for rmmitoring the changes in use of the facility and INe degree of hazard Ihat those changes represent to Ihe ('ountCs Public Water System in accordance with this Ordinance. Failure Io provide this inlbrmation to thc Deparlment in a timely manner may result in immediate discontinuance of service until the Ihcility owner has corrected the hazard and reported Iht inlbrmalion, as required under this Ordinance. to Ihe Department 3. An approved and appropriate backflow prevention as.~mbly shall be installed as part ol' each service connection wherever and whenever any of the following conditions exist Neyond the water service connection: a. An auxiliary water supply exists that is not maintained or permitted by the Deparlment of Environmental Protection. b. Industrial fluids or any other objectionable substances are handled in such a fashion as t() create an actual or potential hazard of any kind to thc Coumy's Public. Water System. e. Internal plumbing or piping arrangements are not known, making it impracticable or impossible to ascertain whether or not cross-connections exist. 4. The type of backflow prevention assembly required shall depend upon the degree of ha;,ard that may exist ns Ibllows: a. In cases where there is a surface water auxiliary supply, the County's water system shall be protected by an approved air-gap separation or an approved reduced-pressure principle backllow prevention assembly. b. In cases where there is a ground water auxiliary water supply, the County's Public Water System shall be protected by an approved double check valve assembly. c. In cases where there are any substances that would Ne ob. ieclionablc, but not hazardous to health, the County's Public Water System shall be protected by an approved double check valve assembly. d. In cases of a facility, where material is stored or handled so as to create an actual or potential hazard of any kind to lhe County's Public Water System. the Public water system shall be protected by an approved air-gap separation or an approved reduced-Pressure principle backflow prevention assembly. e. In cases of any facility, where because of secur/ty requiremcms or other prohibili(ms or restrictions, it is impossible or impractical to make a complete cross-connection survey, the County's Public Water System shall Ne protected against backflow by either an approved air-gap separation or an approved reduced-pressure principle back flow prevention assembly. In cases ofany facility, where thc Department determines an undue health threat is posed becau~ of thc presence of cxtrcmcly toxic substances, thc Department nmy require an air gap al the service connection to protect thc County's Public Water System. 5, Any required backflow prcvcntion assembly and its configuration shall I~ 3 as specified by this Ordinance, thc Collier County Utility Standards and Procedures Ordinance. Ordinance No. 97-17, any amendments or successors thereto, and the Department's administrative and operational procedures. 6. In the case of any facility, where a backllow prevention assembly is installed, it shall be the responsibility of the facility owner to adhere to thc requirements lbr facility owners as specilied within this Ordinance. 7. All persons or companies providing services to thc County or the facility owner as specified by this Ordinance shall comply with all provisions and requirements of this Ordinance. Failure I('~ adhere lo the requirements contained within this Ordinance shall be grounds for removal from the Department's approved list or termination or'any County contracts £or the provision of services under this Ordinance. 8. All installed backflow prevention assemblies existing as of the effective date of this Ordinance that do not meet the requirements of this Ordinance. but that were approved assemblies for the purposes of this Ordinance at the time of installation and that have been properly maintained, shall be exempt Ii'om the construct/on standards of this Ordinance and the Department's related administrative and operational procedures provided that any such backflow prevention assembly will satisfactorily protect thc County's Public Water System. Whenever any such existing assembly is moved from its present location or requires replacement, thc assembly shall be replaced by an approved backllow prevention assembly meeting all of the requirements of this Ordinance. B. County Owned Backllow Prevention Assemblies, Installatio~ Maintenance and .Testing Re.quircmcnts: ~" I. Ownership. Thc County shall own all backflow prevention assemblies as required by this Ordinance. 2. Installation. Thc County shall install or cause to be installed thc appropriate new or replacement backflow prevention assembly in accordance with this Ordinance. 3. Maintenance. The County shall maintain or cause lo be maintained all backllow prevention assemblies in accordance with this Ordinance. 4. Testing. The County shall test or cause to be tested all backflow prevention assemblies in accordance with this Ordinance. SECTION FIVE: DEPARTMENT RESPONSIBILITIES. The County shall maintain a Cross-Connection Control and Backflow Prevention Section within the Department to administer the requirements of this Ordinance. The Department shall maintain a minimum stafi'ofccnificd pcrsonncl to pcrlbrm and or oversee thc lbllowing services as required by this Ordinance: A. Cross-Connection Survey Repons review: B. Site (field) inspections: C. Cross-connection control systems approval: D. Emergency services and inspections: E. Educational assistance regarding cross-connection control; i':. Mainlcnancc and eon'clarion ofdala gencralcd by Iht cross-connection conlrol program: (;. ^dministration of all IL'cs and penalties of this program; H. Review of qualifications established under Ihis Ordinance Ibr approving privalc independent testers and repair technicians: I. ^dministration of any County contracts Ibr Iht installation, maintenance, repair and Icsting of hackflow prevention assemblies: and, J. Installat ion, nmintcnanc¢, repair and Icsling o f hack flow prcvcnlion assemblies. ~ECTION SIX: PROGRAM RESPONSllgiI,ITIES. A. _Facility Ownqr..fl,rivatelv Owned As.~mblic_,s~. I. Thc Ihcility owner shall be responsible for evaluating thc hazard posed by the facility's system or facility's use and ensuring, by installation of an appropriate hackf]ow prevention assembly, that water I?om an unsuitable source or any other han'nful substance docs not enter the County's Public Water System. 2. All Ihcilitics {'new and existing) that pose a hazard to Ihe County's Public Water System shall comply with all terms of this Ordinance under thc direction of the Depart mont. 3. The facility owner shall comply with all requirements sp¢cilicd by thc Department in its administration of this Ordinance. 4. Upon order by the Department, thc Ihcility owner shall install, or cause to be installed, a backllow prevention assembly and shall maintain such assembly at the Ihcility owner's expense. 5. The Ihcility owner shall be direclly responsible, and wholly liable, Ibr all procedures regarding the facility's backflow assembly. 6. No Ihcility owner may alter tho backflow prevention assembly protecting the County's Public Water System unless such alteralion is approved by lh¢ Department. 7. No Ihcility owner may circumvcnl Ibc facilily's backlIow assembly protecting thc County's Public Water System. 8. No fhcility owner shall operate thc Ihcility's internal water system when any part of that system is malfunctioning in a manner that poses a ha:,ard of any kind to thc County's Public Walcr System. 9. The facility owner shall immediately report to the Department an,.,, malfunction or damage which could alii:ct thc asscmbly's ability to prolcct thc County's Public Water System. 10. The Ihcilily owner shall be responsible for arranging all installations, testing, repairs or overhauls in accordance with this Ordinance. In addition, the facility owner shall be responsible Ibr maintaining copies of all documentation and results of all tests, repairs, overhauls, and replacements for thc backflow assembly prolccling County's Public Water System. on file at thc Ihcilily's Iocalion Ibr a minimum o1" len (10) years. I I. Thc Facility owner shall mainlain a copy of Iht Facility's cross-connection survey report at the facility's location at all times. B. F_acili___.ty Ov,'ner {_Q.~_un___ty Own_c_d__As~_m_bli~ sq.~ I. The facility owner shall be responsible for evaluating thc hazard that the Ihcility's syslcm or Ihcilily's use poses lo Iht Counly's Public Water Syslcm and reporting that inlbrmation to the Department so Ihat the Department may install or cause to be installed an appropriate backl]ow prevention assembly. 2. The facility owner is responsible for evaluating the cfl;~ct o1' changes to the ~'acility's water system or usc oflhe Ihcility over time to ensure that the existing backflow prevention assembly is appropriate for that hazard and reporting that infornmtion Io the Department. 3. The facility owner is responsible for immediately notifying thc Department il'the back flow prevention assembly is observed to be either malfunctioning or damaged. The Depanrnent_(.!,.r. iy.a_t~b,__Qy, T!¢.d..Assc_mb!i_~.). I. The Department sh;fil review and approve the data submilted by Ihcility owners Ibr thc installation, repairs and overhauls el'privately owned assemblies required under this Ordinance or thru were existing as of the el'fi:cfive date of this Ordinance. 2. Thc Department shall have thc authority to prohibit a service connc-ction or order Ibc disconnection of service to any connection where: (a). Any kind or hazard exists to the County's Public Water System: (b). Thc lhcility owner lhils to install, operate and maintain an approved and appropriate backllow prevention assembly in accordance with this Ordinance. (c). The Department may inspect all new backflov,, assembly installations lbr compliance with this Ordinance. thc Collier County Utility Standards and Procedures Ordinance, Ordinance No. 97-17, any amendments or successors thereto, AWWA Manual M-14 Second Edition and other applicable Department administrative and operational procedures. (d). The Department shall accept Ibr review only those cross-connection survey reports as perlbrrncd by thc lhcility owner on thc Department's sell:evaluation Ibrms or pcrlbm~cd by a ccrlilicd cross-connection control survey inspector or professional engineer. (c). Thc Department shall accept for review only those initial ccrtilication tests, scheduled tests, overhauls, repairs, and replacement reports Ibr any backtlow prevention assembly perlbrmed by a certified technician I¥om thc Department's approved list. ~1). Thc Department shall establish a schedule acceptable to thc Florida Department of Environmental Protection under which all existing Ihcilitics will be brought into compliance with the ten'ns of this Ordinance. {g). The Department shall compile and maintain all significanl data resulting ~?om reports submitted under this Ordinance. (h). The Department shall require additional data on any report as It) 120 dccmcd neccs~ry, prudent or helpful in thc execution of[his Ordinance. D. Dcpa~mcnt [County.Owned As.~mblics) [. Thc Department shall install or cause to be installed the appropriate backflow prevention assembly Ibr the hazard presented by each Ihcility. 2. The Deparm~cnt shall pcrlbrrn or cause to be pcrlbrmed all testing, repairs, maintenance and overhauls of ('ounty owned backfiow prevention ~semblics as required by Ibis Ordinance. 3. The Department shall maintain all records and other relevant information on each County owned hackflow prevention assembly. E. Certified Cross-Connection ~ontrol Survey. [_n_s_pg_'_c3..o_r_s an.d_.E_.ngineers. 1. Certified inspectors and engineers shall ensure that AWWA guidelines and standards are utilized in their preparation of any facility's cross-connection survey report and that thc inlbrmafion provided in any such report is reliable and accurate. 2. Certified inspectors and engineers shall submit any and all inlbrmation as requested or directed by the Department. 3. Certified inspectors and engineers shall maintain copies of all cross-connection survey reports, blueprints, drawings, repons, inspections and any related correspondence or documentation Ibr a minimum often (10) years. 4. Failure to provide accurate in[brmafion in a timely manner as prescribed in Ibis Ordinance shall be grounds for termination of any County contracts Ibr service provided in accordance with this Ordinance. F. Ccrlilicd Backflow Prevention Technicians 1. Certified Icchnicians shall ensure that all tests, repairs and overhauls completed on any backflow pr~'cntion assembly protecting the County's water system are pcrlbrmcd in compliance with manulhcturcr's recommendations, AWWA guidelines and standards, and this Ordinance. 2. Certified technicians shall submit to the Department all info~rmation relating to tests, repairs and overhauls on any hackflow prevention assembly~protccting the County's Public Water System as requested by the Department. 3. Certified technicians shall ensure that all information submitted to the Department is reliable and accurate. 4. Certified technicians shall maintain copies of all documentation relating in any way to tests, test results, repairs, overhauls on backfiow prcwcntion assemblies protecting thc County Public Water System and any related correspondence or documentation lbr a minimum often (lO) years. 5. Certified technicians shall only perform those activities for which their ccrtilicafion is valid and approved as outlined in this Ordinance. Repons submitted by non-certified or non-approved personnel shall not be accepted by the Department. S~ECTION SEVEN: BACKFLOW PREVENTION SYSTEMS. A. A_Rl~rove~d_B. ackflow Pre. venti_or~ Assemblies~. An approved hackl]ow prcvcnlion assembly under Ibis Ordinance is one that meets those standards set £onh by the American Water Works Association (AWWA). the American Society of Sanitary Engineers (ASSE) and thc Foundation Ibr Cross-Connection Control and Hydraulic Research (FCCC). and is publishcd as approved in thc FCCC's List of Approved Backflow Prevention Assemblies. For assemblies owned by the County. the County re,~rves Iht right 1o limit thc number of modcl(s) of approved asscmblics for purposes of standardization and conlbrmity to system conditions. Approved assemblies shall have the following I~:atures. I. Shall be testable in line. 2. Shall be repairable in line. 3. Shall havc approved shut-off valvcs located at each end of the backflow preventer. 4. Shall be supp[icd with ammonia resistant silicone disc's or other material having thc ~mc ammonia resistant properties and approved by the Departmcnl. 5. Shall have: fa) Resilient scaled (wedge). lull-flow shut-off vanes for resilient seated, full-flow ball valves on sizes two (2) inches or smaller that shall be marked with: ( 1 ) The manufhcturer's name or symbol: (2) Nominal size &valve; (3) Model number: (4) Working pressure. 6o (b) Resilient seated testcocks with: fl) An operating stern, which must indicate if' the tcslcock is open or closed: (2) The operating stem on a ball valve type oflestcock must be blow-out proof: (3) The materials specified as bronze or approved equal. The assembly (itself) shall contain the following minimum markings: fa) Thc manulhcturer's name or symbol: (b) The type ofasscmbly: lc) Assembly size: (d) Assembly model number: (e) Assembly serial number; (f) Rated working water pressure; (g) Direction of flow. 7. No backflow prevention assembly shall be installed under this Ordinance unless spare parts are represented by the manufacturer Io be available for a minimum period of seven (7) years from date &installation. 3 12 8. Whenever a hackllow prevention assembly is Icsled, repaired or overhauled by a certified backflow prevention assembly technician, thc assembly shall be "resealed' Ibllowing such service to identil~, thc technician. B. Unless otherwise specified by this Ordinance. the Department shall usc the American Water Works Association (AWWA) standards and guidelines in determining all classifications of hazards (whether actual or polcntial). Single Ihmily Ihcililies shall be evaluated on a ease-by-case basis. To thc extent such residential Ihcilities do not have auxiliary water sources or other types of systems or operations on-site which would classily thc syslcm as hazardous, a hackflow prevention assembly shall not be required. Multifamily facilities with a single scrvice connection or individual service conncctinns having an auxiliary water or other types of syslcms or operations on-site that would classify thc system as hazardous shall have an RPZ assembly installed as required by this Ordinance. SECTION EIGHT: BACKFLOW PREVENTION SYSTEM DESIGN. A. A_AII Facili!ie~s. I, The design shall be consistent with the standards and specifications Ibund in the Collier County Utility Standards and Procedures Ordinance, Ordinance No. 97-17. any amendments or successors Ihereto. and lhe Department's operational and administrative procedures. 2. The design shall utilize AWWA standards and guidelines and FCCC approved backflow prevention assemblies (latest edition) unless otherwise specified by this Ordinance or Ihe Departmenl's administrative and operational procedures. 3. Backflow prevention assemblies shall be designed as pan oftbe County's service connection, unless other wise approved by the Department. 4. The Facility owner shall be responsible for dctcrmining if thc facility's system rcquircs an uninterrupted supply of water that would be adversely all~tcd by routine maintcnancc or other activities involving the backflow prevention assembly. Thc lhcility owner shall be responsible lbr installing or requesting a parallel hacktlow prevention assembly. In such instances, two (2) approved backflow prcvcnlion assemblies ol'thc same manulhcturcr, size and model numbers shall be installed. B. [':xist in_g_Facilities _Onl~ I. R__es_.jde__~ntial__l_Si_ng~l Fa~ If an actual hazard as delined in this Ordinance poses a threal to the County Public Water System. an approved backllow prevention assembly shall be installed. 2. Other Fac'_ilities: 'l'he~ facilities include, hut are not limited to commercial, industrial, and multi-family residential Facilities. Where actual or potential hazards arc identified, an approved backflow prevention assembly shall be installed. In some instances, it may be difficult or impossible to accurately determine such a facililg's cross-connection status because plumbing plans of Ihe Ihcility's potable walcr system arc nonexistcnl, unreliable or unobtainable. In instances where a cross-connection survey is not Ibasiblc. an air gap separation or reduced pressure devicc shall be installed based upon 13 the degree of hazard. C. l .n.5~t a !];~t ip _n_8~qu_i rq_ .m...p tS_. I. All installations shall be consistent with the Department's operational procedures. a. All approved hackllow prevent commercial, industrial and multi-family facilities shall be Iinishcd grade, unless otherwise approved by b. Residential double cheek Backflow be installed below grade in a enclosure specified or Department. c. Residential Reduced Pressure asscmbl installed above final finished grade. 3. Backtlow prevention assemblies shall not be installed aIl grade in any type el'vault, unless such vault is constructed to allow at (31)%) el'ils sidewalls lo be open or ventilated al Ihe grade level. These! shall be unobstructed and o1' such size lo permit any vented water lo Ibc openings to the outside. 4. Backflow prevention assemblies shall not bc installed in than horizontal, unless the assembly has received approval fi~r such asscmbly's manulhcturer and the FCCC. 5. Backllow prevention assemblies shall be installed in ou part et'the Department's service connection and shall be protected fron~ caused by nomml trallic. and assemblies Ibr iIled alyave final may to thc shall be ,e linal finished il thirty percent s or vents pass through position other by the lc Iocatitms as ~ssiblc damage 6. All backflow prevention assemblies shall be a minimum of twelve {12) inches above final finished grade (or pad) to a maximum of thirty (30) inches, as measured I?om the lowest point of the assembly: and a minimum side distance of three {3} Ii:et I?om any wall. fixed aperture or landscaping. 7. All backflow prevention assembly installations shall be preceded by a wye strainer (5/8" to 2"} or top access strainer (2¼" to 10"} and appropriate shut-offvalve to lhcilitate cleaning and inspection of the strainer. All assemblies and strainers serving fire protection systems shall be approved for such service. In addition, all assemblies shall be supplied with ammonia resistant silicone discs or a Deparlment approved equal. 8. Installers of backllow prevention assemblies may test and ccrtil~, the backllow prevention assembly they have installed. However. all such tests and ccrtificalion reports shall be completed only by a technician with the appropriate certilication fi'om the County's approved Iisi. ~ECTION NINE: SERVICE AND REPORTING. A. T e st i ng_Fr_e ~t u e n_cy_S__c__h e_ d u le_g.s. I. All backflow prevention assemblies shall: 3 (a) tlc lesled at least once every year, unless other the Florida Dcparlmcnt ol' Environmental Prolecfion; (b) Be tested (and rcscaled) only hy a certified hack &,,'icc technician; (c) Bc tested utilizing procedures approved by Ihc equivalent; (d) Bc tested with lest equipment approved h equivalent. 2.. Thc Department may require a mom £rcquent test schcd serving facilities classilicd in accordance with this Ordinance as frequently fail regularly scheduled tests, as ncccssar~ lO protect tl and ~ Fcty. B. Overhaul Schedules~. All baekflow prevention assemblies shall: (a) Be overhauled as necessary or as recommended b. manulhcturer, unless other wise specified by the Department of Environn (b) Overhauled only by a cerlified backflow prevcntim: technician: (e) Be overhauled using acceptable procedures as rec, asscmbly's nmnulhclurcr. C. Rc~airs and Rcp~l'4ccments. I. Ba-c~;!low Prev. vention Assemblies. 1 spec/lied by prcvcm ion its or its for assemblies or that :)ublic health Prolection_' ~ssemblv lmended by Ihe 2C (a) Backllow prevention assemblies that rcpcalcdly shall be reported to the Department immediately and before any Required repairs shall be perlbrmcd by a certified technician as outlined (b) Any assembly that is unable to be repaired or over}~ or nonscheduled) shall be replaced immediately. At the completion replacement, thc assembly shall be tested by a certitied technician as Ordinance. 2. Until such repairs or replacements are completed, the shall bc deactivated, il'deemed necessary by the Department. to protect t~ safi2ty and wellhrc. D. 'l-~ in-0g-~!_a nd Method~ I. _T~cst E_q_u_ip_.me nt. Certified hackllow prevcntion assembly technicians assemblies using that equipment as recommended by the assembly's approved by thc Department. 2. Tcst..Mct h.ods_. Only AWWA and FCCC methods shall be used when r)rcvcntion assemblies. 3. Certified backllow prevention assembly lechnicians shall ,nstruments certified at least once every year Ibr accuracy, or as often as 15 required test undertaken. lis Ordinance. uled the repairs or tithed by this connection mblic health. test such ~act urer and back flow their testing equipment nmnuI'acturcr recommends, whichever is n~)rc fi'cqucnl. Thc itc tcchr shall lbrward a copy of thc instrumenl's calibration report Io thc Dcpartmcnl. Thc D~rlmcnt shall not :~cccplcd testing repons prepared by technicians il'such annual calibration repons arc received by thc Department. Calibration reports shall only be acccp~l From .~'~urccs approved by Ibc Department. Thc Department shall develop procedures ~ approve testing sources based on manulhcturing and industry, standards. E. -R ~'I~2.rt J_t~g. Facility owners arc directly responsible fi~r all repons and r ting procedures regarding privately owned backllow assemblies protecting thc Cour ~,'atcr system. Thc I'acility owner may designate an agent to act on his behalf, but in way docs such action alleviate thc Ihcililv owner's responsibility. ~ I ' 1. I(e.norting Scheduled Tests And Overhauls (I rivalely ()~. As._w_mblics_). Repons Ibr inilial ccrlilication tests, regular annual tt.~31s and over ¢'ff a Ihcility's privately owned backllo~v assembly musl be completed by a certified technician as required bv this Ordinance. Such repons shall be Ibrwarded to the D~anmcnt by thc Ihcilitv owner on the Department's approved fi)rms. [t shall be the reSpOnsibility of thc taclhly owner lo ma,I or dchvcr Iht completed reports to thc DepartS[ as outlined in this Ordinance and thc Department's administrative and operational procedures. 2. _Rcm)rlj.n3~ Of__N_on~hedul~cd R____e. pairs or Replacements ¢ vatcb,' ()v,~,d Assemblies). Any backllow prevention assembly which has been darnag s discharging abnormally or lhils any lest. shall be reported immediately by th~ Ihcility O~Wncr ms follows: Step I: Notil'v the Department. Il'the Department s offices ~ clo.~d, notifv thc after-hours on-call per.~)nnel, ecti Step 2: Contact a certified backflow prevention assembly t clan l'rom thc Dcpartmem's approved list fbr immediate repairs. 3. Any time a replacement is required Ibr a privately owned blv. such ne~ assembly shall comply with all seetkms of'this Ordinance. F. (~'r~--%~(-:onn_ectio.n St_!rvey Rel~)rts. I. Nesv F a_c_'jlit_j_e ~_. Thc owner ol'a new Ihcility shall submit a cro~-connecti Ibr the Ihcility to the Department prior Io occupancy and service corm The report shall be submitted Ibr the Ihcility using the Department's Survey reports shall include the survey Jnspcclor's or engineer's reco~ prevention as.~mbly Ibr thc degree o1' hazard created by the Ihcility. other than single lhmily rL~idcnces shall be completed by a certified control survey inspector or engineer and shall contain that inspectl ccrtificatk)n number on each page or thc engineer's ~al and number. submitted to thc Department without this inlbrmation shall be deemed report )n aclivalion. hackllow reports for 3n name and reports nable and 16 to have Iht potential Io create a cross-connection shall undergo further review u~ site visits by thc County Io investigate potcnlial haTards. 4. ,";_' ~_r ~£ey__ R c~) rt _Rs vi~v_ _a n~_ Appr_o_,,~ L After the Department has received and reviewed the survey report Ibr a proposed action: shall not be reviewed. For single family residences, thc survey report may be lillcd oul by the facility owner using the Department's approved sell:evaluation 2. f:;xisling Facilities. i Thc Department shall send notification lo thc owners o~existing facilities where cross-connections are suspected. Facility owners shall, upon nofi~¢ation and within 90 days submit a cross-connection survey report for lbo facility to the~epartment. The cross-connection survey report shall have been completed by a ccrtifiecr"eross-connection control survey inspector from thc Department's approved list or an ~ginccr and shall contain the inspector s name and c ..... ' ,' · ~ · · i, , · 'crtlllCatlon numr)cr or engineers seal oll each page Any survey report submitted to thc Department for review without this information shall be deemed unacceptable and shall not be reviewed. For single family residences, thc survcv & - report may be filled out by thc owner using thc Dcparlmcnt's appro self-evaluation lbrms. I All properties served by reclaimed water shall be surv~d at intervals. acceptable to the Department of Environmental Protection. but no less then every three years as to changes, addihons or dclctmns m the customer plumbmg system. All prop~ ~ surveys Ibund fo and including written. ia) (b) Thc Department may accept the cross-connectio rvcv The Department may reject the cross-connection ~firvey written. oss-conncction ~ thc Ibllowing Ihcility or use. the Department may ta report (c) The Department may request additional accepting nr rejecting the report. (d) The Department may require a meeting with report as infdrmation before th~lcility owner's designated agent, ccrtilicd cross-connection control survey inspector, engineer or all such entities or indMduals involved before acting upon the Report as submittet 4. Department Acceptance of Cross-Connection Survey Repo~ Upon acceptance and approval of the cross-connection sley report, thc Department shall issue a notice of acceptance. Once a backllow prcventi~ as,~mblv has - been approved by the Department, no changes or alterations shall be e without thc approval ot'lhe Department. 5. !_:i n0J__App r_oya_ of Backf Alter a lhcility's backflow prevention assembly has tested, ccrtilied and approved, the lhcility owner shall notify the Department the new facility is ready tbr final inspection. The Department or its agent shall make a inspection of 17 Iiiis 1 2C thc new Ihcility. Untie the Ihcility's backflow prevention asscmbl cs this final inspcclion. Iht service c(mncction shall not be activated. 6. ~st_j_ng..and ()verb:mi Sched_ule ePrivately Owned Assr Within thirly (30) days alter linal approval has been! ~ucd lbr a new facility's backllow prevention as.~mhly, Ihe Department shall send a ~ler to the owner outlining the testing and overhaul schedule· This lellcr shall list cach}mponcnt of the facility's cross-connection control system and how frequently each mechanism including thc backflow prevention assembly shall be tested and overhauled (wh{ applicable) and lesting results and completion ol'overhauls shall be reported Io the Depa~ment. SECTION TEN: TECtlNICAL IMPLEMENTATION. f'~rn In order to provide protection to thc County's Public Water System contamination and a high level of' customer service and program quality at a reasonable and ~l~onomical cost to th,,. customers or consumers of' thc Collier County Water-Sewer District anc~Goodland Water District. all backllow prevention assemblies installed fbr thc purposes of' co~.~lplying with this Ordinance shall be owned hy the County. All Ihcilily owners that also own~isting haekflow prevention assemblies, that arc subject to this Ordinance, may dedicate a~l convey assemblies It) Iht County for ownership and maintenance within 120 days fro d priori of this Ordinance. Any assemblies not dedicated and conveyed to thc County within th,~ I ~(I day period shall remain in private ownership unless approved by thc County. In cases wh~ ownership ol'a backflow prevention assembly remains with thc facility owner, the li]cility~own,.,r shall be responsible Ibr complying with all maintenance and other requirements o1' this~)rdinanee. The tot hmcal and admmmtrat~vc reqmremcnts ol INs Ordinance shall be implemented'Fas fbllows. A. Pr(mram Administya~ i3_) n_. It shall be the responsibility of the Department lo administer, c inate, monitor and track, the technical implementation and ongoing requircmenls of th|l Ordinance compliance. B. New Installatkms. I. Backllow prevention assemblies Ibr 5/8" through 2" ~cters shall, il' identified as necessary, at the time or'service application, be installed by thc El~p~ anment or thc County',.:, contract agent as part of and at lhe timc of thc installation of the iuntv's ,~rvice connection. 2 Backllow prevention assemblies Ibr meters ~' ' · greater than s~ze shall be installed as part of the service connection lbr new construction by a plumb~,~rl underground contractor retained by thc lhcility owner. All such backflow prevention )lies shall be conveyed to thc County lbr ownership in accordance with the Collier County Slandards and Procedures Ordinance, Ordinance No. 97-17, any amendments or successo and the Department's administrative and operational procedures. 3 C. Retrofits. I. Backllow prevention assemblies where the meter is bel 2' shall be owned by thc County and installed by the Department or thc counl as a part of thc Department's meter change out program or when thc de warrants, the Department's maintenance staffer County's contract agent. 3.2. Backllow prevention assemblies where thc meter is grcatcr trial by thc County and installed by thc Department or thc County's contract agent. D. R.~epairs, I. Repairs ol'backllow prevention assemblies where the m 2" shall be pcrtbrmcd by thc Department or thc County's contract agcn 2. Repairs of backtlow prevention assemblies where the ml 2" shall bc pcrlbrmed by thc Department or thc County's contract agcn~ E. Re, la,cements. Replacements of backllow prevention assemblies shall be Department or thc County's contract agent. F. T__cst ing; I. County Owned Assemblie~ The Department or the County's contract agent shall and miscellaneous testing on all County owned backflow subsection of this Ordinance does not apply to the asscmbly's when installed by a private sector contractor fbr a £acili 2. Privately Owned~ All testing of privately owned assemblies shall be independent certified backflow assembly technician as out Ordinance and meeting all legal, regulatory and code classilication. ~ECTI()N ELEVEN: PROGRAM FUNDING. A. New Installations. Within 120 days I?om Iht adoption of this Ordinance. thc Cou ordinuncc u l;.:e, churge or rule lo cover Ibc ('ounty's anticipated cost It) providl services under this Ordinance. New customers of the Collier County Water-Sj Goodland Water District. i.e., lhcility ownc~, shall be responsible Ibr payment d or rate. if applicable, at the time and in conjunction with the payment of appll meter tapping lees or within 30 days after service is rendered. B. Retrofits (Existingl~ All active service connections that have oxisling hazards as of I adoption of this Ordinance shall be considered existing retrofits for purposes of under this Ordinance. The County's retrofit program Ibr existing service con funded through existing and future water user t~cs. C. Retrofits (New). 19 .~cn 5:8" through 's contract agent cc of haz~ard so shall bc owned is 5/8" through ,'r is greater than t'ormcd by thc tbrm all annual ~?~emhlics This llial ccrtilication by an within this for the service shall adopt by l)cpurt merit District and :his IL'e. charge )lc impact and da.x.'s from thc )sram £unding lions shall be County service connections requiring a backllow prevel becomes active or create a new hazard more than 120 days after tl Ordinance shall b¢ considered new retrofits For purposes of program Ordinance. Thc County shall establish on an annual basis a charge to c )n assembly that adoption of this Unding under this er thc cost ol' this category of retrolits based on a competitive bid process or thc County,s /hcility owners, in this category shall b~ assessed this charge to cover thc COSTS. D. 8.~p~a~irs, The County's repair and mainlenance program on all Cour prevention assemblies shall be Funded through existing and future water The County's backflow prevention msembly replacement owned by Ihe County shall ~ Funded ~hrough existing ~nd Fulure water' The Counly's annual and miscellaneous lesling program backflow prcvcnlion assemblies shall ~ I~ndcd Ihrough existing and SECTIONTWEI,VE: TERMINATION OF SERVICE. A. Any f~cili~y wi~h a privalely owned backflow prevention semite IFom the Counl~s Public Water system Ihal t~ils lo perFo~ thc rcqul required repairs to lhe backflow assemblies as direcled by Ibis Ordinance, ti certified backflow assembly technician, shall ~ subject to le~ination tcmfination ~y continue until all violalions of Ibis Ordin~ce are co~ected. B. Any ~acility with a County owned and ~intained backflow shall not ~ subject Io this provision ~ the Dep~ment s~ll ~ responsibh mainlenancc oFlhc assembly. ci ;t. Customers. i.e.. ounty's installation owned backllow fees. ~m for assemblies : FCCS. County owned user fizes. receiving water Icsling or make Dcparlmcnt or a service. Such assembly thc Icsting and SECTION TillrTEEN: I'ENALTIES. Any person who violates any provision of this Ordinance. or arnem ents thereto, shall I'¢ subject to tile penalties provided in Section 125.69, Florida Statutes. In ~dition. the County may bring suit I~ar damages for any violation of Ihis Ordinance and amend&ts thereto, and to restrain, enjoin or otherwise prevent a violation of or mandate compliance ~ith this Ordinance and amendments thereto. 1 SECTION FOURTEEN: COLLECTION OF FEES, CHARGE1 OR RATES. 'rile County or its agent shall be responsible for collecting any fel i, charges or rates established by the Board of County Commissioners connected with the ~stablishment and ongoing maintenance ,F tile cross-connection control program authorized by t Is Ordinance. ~ECTION FI FTEEN_: CONFLICT AND SEVERABILITY'. The provisions (iF this Ordinance shall be liberally construed to effel rely carry out its purposes in the interest of pt,hilt health, safely, welfare, and convenience, If any section. phrase, sentence or portitm of this Ordinance is Ibr any reason held invalid orlnconstitutional by ,:my court of competent jurisdiction, such portion shall be deemed a sep~te, distinct, and independent provision, and such holding shall not affect the validity of the reffi~aining portions o£ this Ordinance. I SECTION SIXTEEN: INCLUSION IN THE CODE OF LAWI~AND ORI)INANCES. The provisions tit' this Ordinance shall become and be made a part or'he Code of Laws and Ordinances oF Collier County. Florida. lhe sectionsfff the Ordinance ma ~ renumbered or re-lettered to accomplish such. and tile word "ordinance may be changed to 'lection", "article". o~ any other appropriate word. ~ECTION SEVENTEEN_.' EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Depart nt of State and adoption oF an ordinance setting lbnh the rate. fee or charge for Depar~ent services in connection with new installations and the filing of that ordinance with the Dep,~ tment of State. I'ASSI!I) ANI) DtlI.Y AI)OPTI~:D by tile Board ofCounty Commissi~ ~ of Collier Countv. Florida. this o~ day ' · ol _ ~,/~/.. 1997. DATED: v A'ryi~S T: .DWI. GHT El BROCK. Clerk 2?,/. ' '*. ...... " ..- . ..~'.......:~ ..! ~: ..~..,.~ . ? BOARD OF COUNTY COMMI.~ COLLIER COUNTY. FLORIDA Ily:. /imot/l~ E. I lanc'o~k. AlCl 3NERS OF ApProved as..lo.lbrm and legal sufficiency: County Attorney 21 12C 3 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the h Judicial Circuit, Collier County, Florida, do hereby cer ify that the foregoing is a true copy of: ORDINANCE NO. 97-33 Which was adopted by the Board of County Commissioners of July, 1997, during Regular Session. WITNESS my hand and the official seal of the Board Commissioners of Collier County, Florida, this 30th day 1997. Lhe 29th day County July, DWIGHT E. BROCK Clerk of Courts and. C~ Ex-officio to Board County commissioness/ Deputy Clerk\ Does Petitlo~ Fee Include Advertt·ln8 Cost! Tea / / Ho / / If yes, ~·t account atould be charled for ·dyer:taint Rev Je~ed by: '~ Approved by: A. For hearings before BCC or 9~: lflJttltlfls person to c~plete one copy ifld obtain D ,sion Head before submttctn8 co County ~anager. ~E~ Iff le~a! docent is Involveda be Sure t~a~ any ~evteul or request for sa~e~ ts suet:ted to C~nty AtCo~ey before eubatttln~ to C~t~ ~naser. ~anager's Office ~lll dl,~rlbute copies: · / / County Hanager nRend Other heirln~: lnttlitln~ ~[vlslon Iliad to approve ·nd submit original to Clerkes for ftle. ct~,s orrzc~ use Office Ice, ret·tatsI · copy Dnt._.__e I~ecetved Date Advertised Dire Of P,ll. PHON~ ~: ~941) 774-8406 TIME oooo1'48 00°02'17 00°02'39 00°01'59 00°01'49 00°01'21 00°05'03 92634864 941 33,2 4494 92634864 941 643 4084 9.2634884 941 514 0377 9.2G34864 9.2~34864 TOTAL ~PGS 53 06~C~D 268C010000008A 16 12 4 July 21, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider amendment t¢ FISCAL Year '96/'97 Adopted Budget Dear Judi: Please advertise the above referenced notice one time 27, 1997, and send the Affidavit of Publication, in with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Acct. No. 001-101520-649100 (Office of Management & Bu~ Sunday, July ~licate, together 'et) COLLIER COUNTY, FLORIDA PROPOSES TO A D ITS FISCAL YEAR 1996.97 ADOPTED BUDGE~d July 29.~A All interested parties are invited to attend a public hearing on th~s matter to be h on ~. Ivv/at 9:00 AM or soon thereafter, in the County Commissioner's Boardroom, 3rd Floo Administration Building. Collier County Government Center, 3301 Tamiaml Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolutions and background martial w' 2nd Floor, Administration Bu Iding. 1Management A qnal decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk Board ofCounty Commiss~ ers Collier County Florida Timothy L. Hancock, Chairn~an Budget L Amend. Fund No. No. Fund Title Cha Fund ~ Am°U~t Total This budget amendment is for FY95--96 Adopted Budget: 96-635 299 Commercial Paper Loan 2,283,0 11,951,500 PURPOSE: To appropriate carryforward to make principal reductions on Commercial Paper Draw. 97-073 126 97-100 320 97-102 131 Metro Planning - M.P.O. PURPOSE: To appropriate grant funds to develop bicycle & pedestrian safety public service announcements. Clam Bay Restoration PURPOSE: To appropriate WCI contribution towards the Clam Bay Restoration plan. Marco Island Beautification PURPOSE: To appropriate carry forward for continued sod replacement and median landscape refurbishment. 12,0 124.000 106,7: 72,51 8O5.200 644.500 97-103 194 TDC - Advertising and Promotion PURPOSE: Appropriate carry forward for the Marco Island Chamber to advertise Collier County as a tourist destination. 539,52 3.234.148 97-104 355 Library-Countywide PURPOSE: To recognize carry forward needed for Marco Island Library addition. 2.947,562 Budget Amrnd. No. Fund No. Fund Title CharlJ~e Fund Amou'nt Total 97-1 (15 97-1 O6 97-111 97-112 q7-117 97-118 97- 122 97-124 97-127 97-128 97- 129 97- 130 97-13t 290 326 490 113 123 123 32O 521 3O6 345 365 368 001 5% Commercial I.oan PURPOSE: To recognize loan proceeds for the Naples Park Drainage Prqjcct. Naples Park Drainage System PURPOSE: To recognize loan proceeds for the Naples Park Drainage Project. Emergency Medical Sc~'iccs PURPOSE: To recognize (;cncral Fund transfer to fund FI.SA settlement agreements and releases. Community l)cvclopnmnt PURPOSE: To recognize revenue and increase reserves. carD' fimvard Service for Seniors Service for Seniors PURPOSE: To appropriate grant money awarded to provide in-home support sen, ices for Iow income elderly residents. Clam Bay Restoration PURPOSE: To appropriate carrx fi~rv,'ard and a WCI contribution to develop a management plan for Clam Bay. Fleet Management PURPOSE: To appropriate carD' rorward to complete the office technology modernizalion. building improvements/repairs. 1982 Parks Improvements ClP Regional Park Impact Fees PURPOSE: To recognize additional carD.' forward fimds needed for ongoing projects in FY97. Immokalce Comm. Park Impact Fees Parks Impact Fees Naples & Urban Collier PURPOSE: To appropriate additional carD, tbrward fimds back to reserves. General Fund PURPOSE: 'Fo appropriate building rental fees to offset overtime required for Ilousing Authority activity. 3.000 l1.5.10.0011 87~ 540.566 42, 7.648.OI7 872~ I 1.753. I00 0 454.124.74 99.597 [9 qq~-~'~ 65.1 870.2O0 2.341.500 2 71,424 1 3 6.303.494 5 110.416.739 Budget Amend. No. 97-134 97-135 97- 136 97-137 97-138 97-139 97-141 97-148 97-140 97-151 Fund No. Fund Title 123 123 123 123 123 411 412 414 301 413 130 Services for Seniors PURPOSE: To appropriale granl money awarded lo provide rcspile service for individuals caring for frnil elderly Alzheimcr's patients. Service for Seniors PURI'OSE: '['o appropriate grant money awarded to provide in-home supporl serviccs fi~r Iow income frail elderly residcnls. Service for Seniors PURPOSE: To recognize a decrease in grant revem,e, an increase in revenue from Ihe sale of a grant asset and an estimated decrease in program revenue from client donations and client fees. Service for Seniors PUR. POSE: To recognize grant money awarded to provide homemaking services to the frail elderly residents. Service for Seniors PURPOSE: To recognize additional grant money awarded to provide in-home support services for Iow income frail elderly residents. Water Impact Fees Water Capilal Projects Sewer Capital Projects Countywide Capital ProJects PURPOSE: To recognize ndditionnl carry forward funds needed for ongoing projects in FY97. Sexver Impact Fees PURPOSE: To appropriate additional carry tbnvard funds to reserves. Golden Gate Community Center I:'URPOSE: 'Fo recognize carry forward fimds needed to complete renovations to the auditorium. Cha~ge Amora! Fund Total 27, '~ 581.454.23 308 800.331.23 7.96, 16, 357,! 1.266,917 705,222 474,4i 898.295.48 898.476.48 014.620.48 7.778,648 15.567.442 21.7_9.176 30.,109.888 354,1 7.678.858 65,2 792.468 Budgct Amend. No. 07-152 97-158 97-174 Fund No. Fund Title 313 314 129 Road Construction - Gas 'Fax CIP PURPOSE: To recognize Ihe landowncr's contribution which will offset/reduce County's cost for Eng. SeN'ices and Environmental Mitigation. Museum Capital PURPOSE: To recognize grant money awarded to restore the Historic Everglades City Laundry Building. I,ibrary Grants PURPOSE: To rccognize grant money to purchase equipment and softv.'are for providing public relations literature for the Florinet Project. l12g C~anl~c An~ount Fund Total Ii .000 15.318.070 732.t}04 60.000 97-175 001 General Fund PURPOSE: To recognize State Library Aid funds needed to provide popular books on tape. additional reference books and to cover additional costs of electronic resources. 989 110.446.748 97-176 325 1981 Water Management CIP PURPOSE: To appropriate document sale revenue and funds from Imperial West/FPL Ditch Project to award a construction contract lo Sunshine Excavators for Culvert Crossing in I,ely ttibiscus Golf Course. ~49 2.581.608 97-178 123 Service for Seniors PURPOSE: To recognize donations from the Aetna Golf Challenge to provide service for indigent elderly residents of Collier County. 52.48 915.972.96 97-186 III MSTD General Fund PURPOSE: Appropriate carry forward to implement the Building Immokalee Together/Redevelopment Plan. 5.259 13.527.080 97-192 331 Road h'npact Fee District I PURPOSE: To recognize insurance proceeds to replace a tree that ,.vas damaged from a car accident. 332 7.551.081 AmoUnt 120.i~00 Budget Amend. No. 97-103 97-195 97-200 97-208 97-215 97-218 97-219 97-226 97-229 Fund No. Fund Title 505 472 Ill 518 001 345 131 001 313 Information Technology PURPOSE: To appropriale carry forxvard to fltnd costs of the Information Technology O£fice Modernization Program. Solid Waste Disposal Grant PURPOSE: To appropriate recycling grant fimds. increased MSTD General Fund PURPOSE: To recognize private conlributions to he applied toward the SR29 Canal Crossing Improvements. Workers' Compensation PURPOSE: To appropriate additional revenue needed for lite settlement of open claims pursuant to Florida Statute 440. General Fund PURPOSE: To appropriate thc maintenance services revenues that are in excess of their budget. Regional Park Impact Fee PURPOSE: To appropriate private contributions for construction of a sidewalk for Outer Drive, Lombardy Lane, Kendall Drive and Hernando Drive. Marco Island Beautification PURPOSE: Appropriate carry forward to continue sod replacement and median landscape refurbishment services. General Fund PURPOSE: Recognize motor pool transfer to overhaul the /t5 module of the helicopter engine. Road Construction - Gas Taxes PURPOSE: Recognize private contributions for access improvements with CR951 four laning improvements. 3, 720 D 10,1 122.: 19,1 70,: Fund Total 1,571.500 453.178 13.555.688 6.107.400 110.459.008 1,838,398 766.700 1!0.478.098 15.389.786 12C FAX NO: (941} .77..4-8408 ~ NO: (941} 774-8406 218 ~f/-l'/ lo:~l ~.~-~ 22~ 87-18 12:35 80° 221 87-18 14:27 222 87-21 11: 52 223 ~7-21 14:54 ~1'49 926~4864 224 ~7-21 15:21 ~8' ~1' 21 9~4864 2~ ~7-21 15: , .2~ ~-21 16: ~ ~' ~J' 44 9~54~4 227 87-22 1 2~ ~7-22 15:41 ~'84' 12 9419978~95 2~ ~-24 TOT~ (~:z:~ ,mT_,:: ~) .Tul.24 '9? ?:51 KONICA FAX ?28 ~ ZALLCA{,I...~ 17 ,)4:25 07/23/97 12C 2 Vl~nl.l(' N(r]'l¢'l.: oq~131, t(.' ,'~O'I'IC'E F COUNTY OF COLLIER : NOTICE OF PUBLIC HEARING COLLIER CQUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 1996-97 ADOPTED BUQC_.~.~T Ail mtere'-'tOd p.'~l,e~ utc mvftecl lo a~tond a pubhc hearing on II~{t melter Io be hold on Ju~. 19. ~997 Il ~.~ ~ Or ~n Ihorealte,. ,,~ iht Counly~Comml~s~oner'$ ~r0room, 3rd Floor. Administration ~g, ~ltor C~ty Govornmenl Cenicr. 330~ Tamla~ Trwl EasL Nsple~. Florida. A copy o~ lhe pr~puSod Budget Adminlstr~tlon ~lul~on and background malonal will bo available f~ ~obhc inspection on weekdays between 8:00 AM and ~3:~ PM at the Ofhce of Management and B~get 2nd FI~, ~mm~stralion Budding. j ~..~ A fl~l d~,s,on on ~ho amendme~s wdr be made ~ ~; meeting. Li&ted b~low are tho amendm.nt~ ~o ~ conaidered and ~he~r Dwight E. B~ock, C~.rk ~ Board of Cwnty CmmitliO~rl I Collior Counly Timothy L. Hancock. Chal~ma~ Budget Arnond. Fund No. No, Th~$ budget amendment il, t, 96-635 299 Co,nm PURP, reducl 97-073 t 26 Metro PURP~ & ped~ 97.100 320 Clam j PURPI Che"nge" Fund Fund Title Amount Total ,r FY95.96 Adopted Budget: ~rc,al Paper Loan 2,283,000 )SE: To approprfate Carry forward to make ~rmcfpal on3 on Commercial Pepe~ Draw, >lannmg. M,P. O. 1 )SE: To appropriate g~an[ funds ~o develop bicycle ;ay Restotal~on 108,750 )SE: To appropriate WCI contnbutlon towardl the 07-102 131 97.103 tg4 07.104 97-105 97-106 326 97.1tl 490 g7-112 11~ 97-117 123 07, t18 T23 97-122 320 97.124 521 97-127 97.128 97-~29 365 97-~30 360 97.131 001 97-133 123 97-134 123 97-135 123 11.951,500 124,000 805,200 Clam ~ay Restoration plan. Marcotl".~end I~eautlfication 72,500 G44,.~00 PURP~p;~I[: TO appropriate Ca~ fo~ir~ for conbn~d nod TDC -~dv.dls,~g and Promot;ol3 539 524 3.234,148 PURPOSE: Appropriate Car~ ~O~ard for [ho Marco Cham~r 1o adveAIso Collier County as a tot~rist Llbrsr ~-Counlywldo . 1 ~.081 PURP ~S~: To recogmz~ CAr~ ~o~erd needod for Marco Isla~d ~tbra~ eddlUon. 5% C(~mmorcial Loan 3,0~,~ PURP ~SE: To recognize loan process ~Or the Naole~ Pa~ Drainage ProJoct, Nap~e ~ Pa~ Drwnage System 87,783 PURP ~SE: To recognize loan proceeds for the Naple~ Para Ora~nage ProJe¢l. E mer~ ency Medical So.ices 42,770 7,~8,917 PURP )SE: To r~mze Goncral Fund tree,SlUr tO lurid FL~ ~ottlement agreo~onts and Corem unity Development 872,100 11,7~,1 PURP ~SE; To ~oc~nize cer~ toward revemue ~d increase 5e~ ~ for Soniors 4,929.50 4~,124.74 Se~,, ~ for Seniors gg,sg7.49 5~,722.23 PUAi )SE:Toapp~opn~teOr3nt money~wardod~oprowdl .~*hor ~o ~up~ se~lco~ for Iow incomo clde~y Clam )ay ResloratlO~ ........ 870.~ PURP ~T~'~ropnalo ca~ forward to completiONS'- ~ off~co :echnol~y modernization, building Improvemen~reDair~/ PURP ~S[: To appropriate car~ fo~a~ to complete offic~ gchnology m~ernlzation, ~[Idmg improvomenl3/repa;r~. 1982 .rk Improvements CIP 481,531 2,921,462 Rogio ~al Park hnpaCt Fees 242,149 1,828,~8 PURF USE: To ~ocogmze eOdd*onal car~ fO~ard lu~)ds n~edl d fO~ ongoing PrOlect~ in FY 97, Immo ~aleo Comm. Park Imp~cl FOO3 712 71,424 ~rks ImpaCt Fees Naples & U~ban CoIher 1,562,743 6.303,494 PURP gSE: TO ~ppro~ato additional ~ fo~ard f[~d& Gene Fund I~ 110,416,739 PURF USE: To aporopdate building rent~ fee~ 1o offset . overt ~e r~uired foe Housing Aul~Hty actw~Iy, gu FO~ SOnfOr6 2T,732 ~I~4~.~ PURF OS~: To a~ropfiate g~fl/~ney awj~ tO D~V~do Se~ PURl ~E: To aD,top,ate gra~t monoy awaked to m-ho le ~u~o~ ~e~e~ for I~ incme frail el~e~y restdenls. Servh '.o for Senio~ 7,9~.25 PUR~ USE: To r~lze a d~r~e ~ gr~t ~e, an in.tm se In rovonue from t~ ~le of a ar~t a~et ~d an estlmatod 97.~36 97-137 gT.t40 gT.t51 97-152 9?.tSB 97.174 97.175 97.176 97.178 97.[88 N7-192 97-193 ~7.195 97-200 97-208 g7-215 97-218 97.219 07 229 12:] 123 411 301 413 130 deCr~3~.O tn prOgrlm revenue from cNent donations and client feel. S~r',,~ for San,or~ 181 PURPOSE; TO ~ocogmze g~a-t money awarded Io ptowde ho~ne~nJkl~ SO~CeS 10 lh~ f~oll OIdorly Se~,~l for bemOrI 16.144 PURPOSE: TO recogn.ze addHIonot 0rant money awatd~ Io Wate~ Impact Fees 357 524 ' SCwe~ C~ptt31 P~olOcts C,untyw~dc C~D~IAI Projt~CtS 474.400 PURPOSE; TO rec~n,z~ aOdmonal car~ ~orwanJ needed for ongomg prol~tl ;n FY97 Sewet Impacl Fees 354.179 PURPOSE; To ~DDropr~ate addlhonal car~ fo~rd funds 1o 89~1,15 48 15.567.442 21.72~.176 313 314 001 325 :;3 · 3 IrO( tho lc 472 Solid PURl~ 111 MST[ PURr 518 Work. PURr tho ~{ 001 13r 00~ PURPOSE: 1'o recognize clrry fort, vied funds '~eudad to 65,234 COrnplela, rm3ov~honl, to fha audlloHum, , RoId~Onltru~t,o~ · Gas T~X ClP 135.000 PUR~SE: TO ~Ogn~Ze Ihl l~nOow~et'~ CO.tHbuhOn which will 15,3f; O~Se~reduct th~ C~unly'$ coI~ fo~ Eng. Se~ce$ and Environmental MIUgatlon. MUS~ C.p,tal 3~ 902 PURPOSE: TO ~OCOgmZO grant money awarded to m~tore the ' 73; Histo~C Everg;ados C~ty Laund~ L~r~ Gra,~t~ 30.0~ PUfi~OSE:To?ecognlzogron~moneytop~ C ~l~$quiPm~nl ~? h ,,~ s~?Ta,e' Io, O'owOlng pubhc relaho~,llu~trate ?o? the ?lonnet Project I~o.~ddH,onai reference book~ and I0 cover adder onal CO'tS of ~ ~'~,~', 1 ~o~Wa;or Mana0em~nt CIP 10.749 PURPOSE~ TO ~PPto[~-ate Oocu~t eat sa o ~ovcnuo and funds Irom Impe~l West/FPL D;tch Project to award a construction contract to Sun~.~e Exca~alo~ lot CuJve~ Cro~s~no in Lely H*b*~cus Golf Course. Se~,~e for SQfllO?Q 1.352 48 915.9 96 PURPOSE: TO rocogmzo donations from the ~e n~ o-~ ~en.r~ ~--d · County PURPOSE: AppF<~dOle car~ F0~rd tO Imp ement the 5,259 13.52 80 ~tl~l~m~0 Immoka~eg Together/Rodovclopment Plan. Ro3d Impacl Fee D~str~cl 1 332 PURPOSE: TO ~ccogn*ze insurance pruueeds to ~eplaco ~0 H~at was damaged Irom a car accidenl atl~n Technology 120.~0 1.571 0 OSE: To appropriale car~ toward to fund co.ts Ol O~mal~on Technol~y OH~C~ M~ormzatlon Program. vesta D.~posal Grant 3,28g 453 'OSE: To apDropriato increased tecychng grant ' General Fund OSE: TO raco~n.ze pr,vale contributions to bo 28.~08 13.555 d toward the SR29 Canal Crossing Improvement~. ~' Compensation 720,~0 O~E: To appropriate addilional revenue ne~ fo~ ttlemenl of open claim~ pursuant lo FIo~da Statule 440. Gono~ al Fund 12,3~ 1 PURP O~E: TO appropriate the malnlenance raven Jea that are hl oxcoss O~ lhoIr budget. Reg+o ~al Park [mOacI FOO 10.0~ PURPOSE: TO appropriate pavane cOnlr;bulion~ for consl~uct~on of sidewalk Io~ Oute~ Dave. Lombafdy Lano. Konda~ Dave and Hemando Marc, k I~land Beaut;Y~caUon 122 200 756 PURF OSE: Appropriate car~ fO~ard 10 COnt n~e $Od ' ropla< omenl and m~d,an Ilnd&c~pe ?efu~;shment so.leos. Gonc= al FU~O 19.000 110,478.~8 PUR~ OSE: Rec.()~n~z~ *nuIo~ r)ool Ifa~lsfc~ ~o Ov~rh~ttl RORH ~On~lrur. f,url , GMS T~KO$ 70.807 15.389.786 ~mp~ v.me.ts w~lh CR951 ~o[ir I3~ln~ ~mprovemenls C 4 RESOLUTION NO. 97-BARo3 120 A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES, TO AMEND THE BUDGET FOR TIIE 1996/97 FISCAL YEAR. 9 WI IEREAS, Section 129.06(2). Florida Statutes, provides that thc Board of County Commlssioncr.~ (hereinafter I0 also referred to as "l]mard'') al any time within a fiscal ),'ear may amend a budget for that ),'ear, and provides thc procedures I I thcrclbr: and 12 WI IEREAS. thc Board of County Commissioners &Collier County. Florida. has received copies of budget 13 amendments which provide for hut are not limited to: anticipated carry forward, unanticipated revenue, and/or receipts ora 14 nature from a source not anticipated in the budget and received for a particular purpose: appropriations fur expenditures in 15 particular Studs that should be decreased and other appropriations in the same fund Ihat .~hould be correspondingly 16 increased: appropriations from the reserve for contingencies; appropriations from the reserve for future construction and 17 improvements: and increased receipts for enterprise or proprietaO, funds received for a particular pm'pose: and 18 WIIEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year IO96 q7 by 19 resolution pursuant to Section 129.06, Florida Statutes. 20 NOW, TIIEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS ()F COI.LIER 21 COUNTY. FLORIDA, that the budget amendments to the 1996/97 FY Budget described below are approved and hereb.~ 22 adopted and thc 1996/97 FY Budget is so amended. 23 24 25 INCREASE 26 (DECREASE) CARRY 27 FORWARD 28 BUDGET OR 29 AMENDMENT INTERFUND 30 NUMBERS TRANSFERS 31 FUND This budget amendment is for 95/96 Adopted Budget: INCREASE INCREASE INCREASE INCREASE (DECREASE) (DECREASE) (DECREASE) (DECREASE) 1NTERFUND RECEIPT EXPENDITURE RESERVES YRANSFERS 32 299 96-635 2,283,000 33 126 97-073 34 320 97-100 35 131 07-102 72,500 36 194 97-103 539.524 37 355 97-104 160,081 38 299 97-105 39 326 97-106 87.783 40 490 97-111 42,770 41 I13 97-112 I.I09,800 42 123 97-117 43 12,000 106,750 3,000,000 (237,700) 4.,929.50 - 1 - 2,283,000 12,000 106,750 72,500 948,896 121,536 87,783 42,770 4,929.50 (409,372) 38,545 872. ioo 3,000.000 I 2 3 4 5 6 7 FUND 8 123 BUDGET AMENDMENT NUMBERS 97-118 INCREASE (DECREASE) 1 2 C ~i. l CARRY FORWARD INCREASE OR INCREASE INCREASE INCR£A.',; E (DECREASE) INTERFUND (DECREASE) (DECREASE) (DECR£ASE) INTERFUND TRANSFERS RECEIPT EXPENDITURE RES£RVES TRANSFERS 99.597.49 99.597.49 9 320 10 521 I1 306 12 345 13 365 14 368 15 001 16 123 17 123 18 123 19 123 20 123 21 411 22 412 23 413 24 414 25 301 26 130 27 313 28 314 29 129 30 001 31 325 32 123 33 Ill 34 331 35 505 36 472 37 Ill 38 518 39 OOl 40 345 41 131 97-122 97-124 97-127 9%128 97-129 97-130 97-131 97-133 97-134 97-135 97-136 97-137 97-138 97-139 97-140 97-141 97-148 97-151 97-152 97-158 97-174 97-175 97-176 97-178 97-186 97-192 97-193 97-195 97-200 97-208 97-215 97-218 97-219 32.500 32,500 66,000 (372,669) 854,200 242.149 712 1.562,743 185 27,732 308.877 {7.964.25) 181 16.144 357.524 1,266,917 354,179 705.222 101,209 373.200 65.234 135.000 360.902 30,000 29,989 10,749 1,352.48 5,259 332 120,000 122.200 3,289 28.608 720,000 12.350 I0.000 65,000 52.750 13.250 458,181 23.350 65.358 176.79 I 712 1,377,837 184,906 185 27.732 308,877 (7.964.25) 16,144 35,000 322,524 448,054 8 ! 8,863 354.179 725,363 258,534 (20.141) 215,875 65.234 135,000 360,902 30,000 29,989 10,749 1.352.48 5.259 332 82,057 3,289 28,608 1,445,000 12,350 45,330 71,800 i ,943 (72 ~00) (3 330) 50.400 FUND INCREASE (DECREASE) CARRY FORWARD BUDGET OR INCREASE INCREASE AMENDMENT INTERFUND (DECREASE) (DECREASE) NUMBERS TRANSFERS RECEIPT EXPENDITURE I2C INCREAgE (DECREASE) RES£RVES INCREASE (DECREASE) INTERFUND TRANSFERS 9 10 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 001 97-226 19.000 19.000 313 97-229 70.807 70.807 BE IT FURTIIER RESOLVED Ihat the Clerk is hereby ordered and directed to spread this ResolulJon in tull among the minutes of this meeting for permanent record in his office. This Resolution adopted after motion, second and majority vole favoring same. DATED: ATTEST: DWIGttT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ' By: DEPUTY CLERK Approved as to form and legal sufficiency: · , id C. Weigel - Collier County Attorney - 3 - By: TIMOTHY L. HANCOCK. CHAIRMAN RESOLUTION NO. 97-BAR-3 12C A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES, TO AMEND TIlE BUDGET FOR TIlE 1996/97 FISCAl. YEAR. WIIEREAS. Section 129.06(21, Florida Statules. provides that the Board &County Commissioners (hereinafter also referred to as "Board") at any time within a fiscal year may amend a budgel for that year, and provides the procedures therefor: and WtlEREAS. the Board of County Commissioners of Collier County, Florida, has received copies of budget amendments which provide for but are not limited to: anticipaled carry forward, unanticipated revenue, and/or receipts ora nature from a source not anticipated ia the budget and received for a parlicular purpose; appropriations for expenditures in particular funds that should be decreased and other appropriations in the same fund that should be correspondingly increased; appropriations from Ihe reserve for conlingencies; appropriations from lhe reserve for future construction and improvements: and increased receipts for enterprise or proprietary funds received for a partlcul,,r purpose: and WHEREAS, the Board has determined Ihat it is appropriate to amend Ihe Budget for Fiscal Year 1996'97 b} resolution pursuant to Section 129.06, Florida Statutes. NOW. TIIEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FI,ORIDA, lhat the budget amendments to Ihe 1996/97 FY Budget described below are approved and hereby adopted and thc 1996/97 FY Budget is so amended. ~ FUND INCREASE ' (DECREASE) ~ CARRY ~ FORWARD INCREASE BUDGET OR INCREASE INCREASE INCREASE {DECREASE) AMENDMENT INTERFUND (DECREASE) (DECREASE) (DECREASE) INTERFUND NUMBERS TRANSFERS RECEIPT EXPENDITURE RESERVES TRANSFERS ThD budget amendment is for 95/96 Adopted Budget: 299 96-635 2,283,000 126 97-073 320 97-100 131 97-102 72.500 194 97-103 539.524 355 97-I04 160,081 299 97-105 326 97-I06 87,783 490 97-III 42,770 113 97-112 1.109.800 123 97-117 2,283,000 ~2.ooo ~2,ooo 106.750 106,750 72,500 948,896 121,536 3,000.000 (237,7001 4,929.50 87.783 42.770 4,929.50 (409,3721 (!. 38.545 72. I 3.O00,000 FUND 123 BUDGET AMENDMENT NUMBERS 97-118 INCREASE (DECREASE) CARRY FORWARD OR INTERFUND TRANSFERS INCREASE (DECREASE) RECEIPT 99.597.49 INCREASE (DECREASE) EXPENDITURE 99,597.49 INCREASE (DECREASE) RESERVES 12C INCREASP. ! (DECREASE) INTERFUND TRANSFERS 320 521 306 345 365 368 001 123 123 123 123 123 411 412 413 414 301 130 313 314 129 001 325 123 III 331 505 472 Ill 518 001 345 97-122 97-124 97-127 97-128 97-129 97-130 97-131 97-133 97-134 97-135 0%136 97-137 97-138 97-139 97-140 97-141 97-148 97-151 97-~52 97-158 97-174 97-175 97-176 97-178 97-186 97-192 97-193 97-195 97-200 97-208 97-215 97-218 9%219 32,500 66,000 (372,669) 242.149 712 1,562.743 357,524 1,266,917 354,179 705,222 I 01,209 65,234 1,352.48 5.259 120,000 122,200 32,500 854.200 185 27.732 308.877 (7.964.25) lB1 16.144 373,200 135,000 360,902 30,000 29.989 10.749 332 3.289 28.608 720,000 12.350 I0.000 65,O00 52.750 458.181 65.358 1,377.837 185 27,732 308.877 (7.964.25) 16,144 35,0OO 448,054 (20,141) 215,875 65.234 135,000 360,902 30.000 29.989 IO.749 1.352.48 5,259 332 82,057 3,289 28,608 1.445.000 12,350 45.330 71,800 13.250 23,350 176.701 712 184.O06 322.524 818.863 354.170 725.363 258.534 ?.943 ! (725,000) ( 30) I FUND ,NCREASE 1 2 C (DFCREASE) CARRY FORWARD INCREASE BUDGET OR INCREASE INCREASE IN~'R EASE [DECREASE} AMENDMENT INTERFUND (DECREASE} (DECREASE) (DECREASE} INTERFUND NUMBERS TRANSFERS RECEIPT EXPENDITURE RESERVES FRANSFERS O01 97-226 I 9,000 19,000 313 97-229 70,807 70,807 BE IT FURT11ER RESOLVED that the Clerk is hereby ordered and directed Io spread this Resolution in full among the minutes of this meeting for permanent record in his office. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGIIT E. BROCK. Clerk · ~ .'. ~ '~ ~.~" B.,V.~. ~,;.. ,/ DEP~'~y CLERI'U '' Approved as to form and legal sufficiency: [)avid C. Weigel Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA / I No~t l.~g~l Adverrl~e~l~[ ,' / (lrher: (Display Adv. ~ locatlon~ etc.) (St~ clearly) Pe~ct~ No. (~ n~e, live brLef Pecict~ert (N~ & address): liege & Addr~sa oE ~ny pers~n~{'s) to be noCLfLed by Clerk's Offl. ces ~'"~?~antofl peel. cron(s), tf a~, & proposed heatrol 4ate~ Does PeC£tto~ Fe~ Include Adverttsinl Cost? Yes / / No / / If yea, ~hat account sh~ld be charted Revised bT: ~ C~nty ~nager. Date For heartn~s before BCC or BZ~: Initiating person to con, plate one copy and obtain Division Head approval be fore submitting co County Hanager. NOTE: If le~a~11 document ts involveds be sure that any necessar~ legal reviewt or request for sa~e~ ts submitted to County ^Ctorne~ before submtttln~ to County tanager. The Hanager~s Office ~lll distribute copies: / / Couocy Hanager agenda file; / / Requesting Division; / / Original to Claris Office B. Ocher hearings: Initiating ~.lvtston Head to approve and submit original to Clerk's Off e, retaining a copy for file. j FO.._..~R C~.IL-R~K.K'S OVFICE USE ON~.Y Date rcelved Date Advertised )/.~fe of P.H. 12C 5 941 332 44941 92634864~ 941 645 4084I 926J4864 ~ -- 926J4864 92634864 92654864 I ~< -- TOT~ ~S 59 July 21, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider amendment to FISCAL Year '96/'97 Adopted Budget Dear Judi: Please advertise the above referenced notice one time 27, 1997, and send the Affidavit of Publication, in dup] with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Acct. No. 001-101520-649100 (Office of Management & Bud Sunday, July icate, together COUNT',' COL,.IEa / OTiCE OF PUmC.E^RING 1 2 5 ITS FISCAL YEAR 1996-97 ADOPTED BUDGET All interested parties arc invited to attend a public hearing on this matter to be h~ld O~1July ~97 at q:00 AM or soon thereafter, in the County Commissioner's Boardroom. 3rd [:loor. Administration Building, Collier County Government Center, 3301 Tamiami[Trail East. Naples, Florida. ~ A copy of thc proposed Budget Amendment Resolutions and background material will be available fi, r public inspection on weekdays between 8:00 AM and 5:00 PM at Ihe O~cc of Management and Budget. 2nd Floor, Administration Building. A final decision on thc amendments will be made at this meeting. Listed below arc the amendments to be considered and their pu~osc. Dwight E. Brock. Clerk Board of County Commissio~ ers Collier County Florida ~ Timothy L. l lancock, Chai~an Budgc~ Amend. Fund Change Fund No. No. Fund Title Amoun ~ Total 0-7-236 001 Gcncra[ Fund 3,600 I'URPOSE: To recognize insurance proceeds For damage repairs to thc Main l.ibrary. 97-237 602 Confiscated Trust Fund 130.338 PURPOSE: To appropriate caro'for~vard into reserves and to purchase technical equipment. 97-238 368 Naples & Urban Collier County Park Imp. 1.48'~ PURPOSE: To appropriate residual equity transfer for Racquet Center improvements and the balance into reserves. 07-23q 361 District I Marco Comm. Park Impact Fcc PURPOSE: To appropriate car~' forward and transfer residual cash to Fund (368). Fund (361) will then be closed out. I I t).481.698 462.458 6.304.981 2.t~74 Budget A.nend. No. Fund No. Fund Title Total 9%244 97-247 115 Shcri fl's Grants PURPOSE: To recognize interest earnings to purchase communication equipment. 103 MSTD Road District 2 PURPOSE: To appropriate carry forward for mulch and contracted maintenance services, 7.000 22.900 1.428.373 531.800 97-258 130 (]olden Gate Community Center PURPOSE: To appropriate donations to purchase a scoreboard and operating supplies. 10.451 802.919 97-262 589 Office of Capital Projects Management PURPOSE: To appropriate additional carry forward to fund a transfer for thc County Complex DRI project. 255.200 4.201.600 97-263 301 Facilities Management - Countywide CIP PURPOSE: To recognize transfer from OCPM tbr the County Complex DR1 project. 255.200 30.665.088 97-272 134 Victoria Park Drainage PURPOSE: To appropriate additional carD' forward to upgrade the pumping station electrical controls. 3,20C 15.400 97-273 140 Pine Ridge Industrial Park PURPOSE: To recognize carry forward and to adjust reserves for lower than anticipated cost to maintain the Industrial Parks drainage system. 80~ 50.200 97-274 141 Naples Production Park PURPOSE: To appropriate carry forward and additional delinquent taxes inlo reserves. 1.00, 15.700 Budget Amend. Fund N o. Fund Title Change~ Amo'mtl. Fund Tolal 97-275 97-280 9%283 97-284 97-293 9%297 97-298 9%303 97-304 154 l lawksridgc Pumping Station I'UP. POSE: To appropriate additional carD' forxvard Itl upgrade tile pumping station and increase reserves. 115 Shcri ft's Grants PURPOSE: To recogni×¢ funds from thc Grants to F. ncourage Arrest Policies grant award. 410 CCWSI) Debt Service PURPOSE: To offi~et carry forward shortfall with an operating transfer from the County Water/Sewer District. 4{')8 CCWSD Operating PURPOSE: To recognize additional carry forward and properly allocate it between funds. 408 CCWSI) Operating PURPOSE: To reimburse tile CCWSD for Royal Cove Sewer Assessment interim funding. 495 495 Airport Authority Airport Authority PURPOSE: To recognize additional fucl sales ['or the purchase of additional fuel. 001 General Fund PURPOSE: To appropriate the maintenance services revenues that are in excess of their budget. 521 Fleet Management PURPOSE: To purchase fucl for County vehicles and equipment. Due to a price increase ['uti xvas under budgeled in FY 97. Funded by increased fuel sales revenue. I'1001 156.440 155.300] 8.50( 50.000 36.00( s0.00( I 1.5()0 1.584.813 2iL 1 55 .(143.(,60 55.198.960 1.158.642 1.208.642 110.517.698 2.391.500 Budget Amend. No. Fund No. Fund Titlc 1 2C 5 Change, Fund Amount. Total 97-318 97-334 001 General Fund PURPOSE: To appropriate money from surplus fixed assets for lhe payment of the auction commission. 115 Sheri frs Grants PURPOSE: To recognize the EMS matching grant award. 12.000! 110.529.698 1.611.776 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO. 97-BAR-4 ~. 2 C 5 A RESOLUTION PURSUANT TO SECTION 129.06(2: FLORIDA STATUTES, TO AMEND TIlE BUDGET FOR TIlE 1996/97 FISCAL YEAR. WI IEREAS, Section 129,(16(2), Florida Statutes, provides that Ihe Board of County Cf mn' sioncrs (hereinafter also refc~cd to as "Board") at any time within a fiscal year may amend a budget for Ihal year, and provides thc procedures therefor; and Wt 1E REA S. the Board of County Cum missioners of Collier County, Florida, has received, ~pies o f budget amendments which provide for but are not limited to: anticipated ca~ fonvard, unanticipated revdnue, and/or receipts ora nature from a source not anticipated in the budget and received for a paaicular purdue: appropriations tbr expenditures in pa~icular fimds that should be decreased and other appropriations in the same fund that should be eo~cspondingly thc r s :~ intron, ed: approBria6o ~s f~om the reserve For conlingcncies: approprialions I?om · e, e~e ~or Fu~re construction and improvements; and increased receipts fi)r enle~rise or proprieta~, fimds received For a pa~icular p~ose:~ and WItFR[:AS Ihe Board h ts d~tc~incd that it is a rd 1 ..... J ' ' ' pp priate Io amend the Budget for Fiscal Year 10%/97 by resolution pursuant to Section 129.06. Florida Statutes. NOW, TItEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIO COUNTY. FLORIDA, that lhe budget amendments to the 1996/97 FY Budget described below are adopted and the 1996/97 FY Budget is so amended. FUND RS OF COI.LIER pprovcd and hereby INCREASE (DECREASE) CARRY FORWARD OR INTERFUND TRANSFERS INCREASE BUDGET INCREASE INCREASE INCR ~,SE (DI':CREASE) A/vlEN DMENT (DECREASE) (DECREASE) (DECREASE) INTERFUND NUMBERS RECEIPT EXPENDITURE RES E~VES 'FRANSFERS t 32 001 07-236 33 6O2 97-237 34 368 97-238 35 361 97-239 36 115 97-244 37 103 97-247 38 130 9%258 39 589 97-262 40 301 97-263 41 134 97-272 42 140 97-273 43 141 97-274 44 154 9%275 3,600 149.338 1.487 1.462 25 7.000 22.900 10.451 255.2(}0 255,200 3,400 (200) 1,500 (700) 3O0 600 3.600 19,000 1,200 6,440 30.000 10.451 255.200 4,000 (22,200) (800) 500 13 t38 60 (7)0) O) 2 )0 ,Jo 1.487 255.2OO F U N D BUDGET AMENDMENT NUMBERS INCREASE (DECREASE) CARRY FORWARD OR INTERFUND TRANSFERS INCREASE INCREASE (DECREASE) (DECREASE) RECEIPT EXPENDITURE INCREASE (DECRIiASE) RESERVES 't 12C 5 INCREASE (DECREASE) INTERFUND TRANSFERS 10 115 97-280 11 410 97-283 12 408 97-284 13 408 97-293 14 495 97-297 15 495 97-298 16 001 97-303 17 521 97-304 18 001 97-318 19 115 97-334 20 21 0 7,600,000 155300 156.440 156.440 8,500 8,000 50.000 40.000 36,000 36,000 50,000 50,000 12,000 12.000 26,963 26,963 - BE IT FURTt IER RESOLVED that the Clerk is hereby ordered and directed to spread this Re 22 minutes of this meeting for permanent record in his office. 23 This Resolution adopted after motion, second and majority vote favoring same. 24 25 DATED: 26 27 ATTEST: 28 DWIGHT E. BROCK, Clerk 29 3O 31 32 By: 33 DEPUTY CLERK 34 35 36 37 Approved as to form and 38 legal suflSciency: 39 40 43 David C. Weigel 44 Collier County Attorney 3.470.000 155.300 500 10.000 4.130,000 !ution in full among the BOARD OF COUNTYCOMMR lONERS ~ COLLIER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK, J'uI.2.1 '97 7:50 FOtIICA FA>i ~' l : COUNTY OF COLLIER NDTICE OF PUBLIC HEARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 1996-97 ADOPTED BUDGET All interested parties are invited to attend a public hearing on this matter to be eld on July 29, 1997 at 9100 AM or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 Tam~am~ Trail Easti Naples. Florida. A copy el the proposed Budget Amendment Resolubons and background material will be available for public inspection on weekdays between 8:00 AM and 5:00 PM at the Office of Management and Budqet, 2nd Floor, Administration Building, A final decision on the arnendment,~ will be made at this meeting. Listed below are the amendments to be considered and Iheir purpose. Dwight E. Brock, Clerk Board of County Commissioners Collier County Flodda Timothy L. Hancock, Chairman Budget Amend. Fund Change Fun~cJ No. No. ~Fund Title Amount Total ~General Fund 3,600 110,481,69~1 !PURPOSE: To recogmze insurance ~oroceeds for damage repairs to the ~ :Main Library. Confiscated Trust Fund 130,338 d62,45 PURPOSE: TO appropnaIe carry forward ~nto rosorves and tO purchase technical ~equipment. ~aples & Urban Colher County Park Im~. 1,487 6.304,98 PURPOSE: To appropriate residential ! qudy Iransfer for Racquel Center mprovement and the into reserves. balance District 1 Marco Comm. Park Impact Fee t,487 2,97z PURPOSE: TO appropriate carry forward pnd transfer residual cash to Fund (368) .Fund (361) will then be closed out. o h eriff's Grants 7,000 1,428,37 URPOSE: To recognize interest earnings purchase communication equipment. MSTD Road District 2 22,900 531,800 PURPOSE: TO appropriate carry forward for mulch and contracted maintenance serv cas. Golden Gate Community Center 10,451 802,919 PURPOSE: TO appropriate donations to purchase a scoreboard and operating supplies. bfficeofCapifalProlects Management 255,200 4,201,600 PURPOSE: To aPp¢opriate additional f~arry forward to fund a transfer for the ounty Complex DRI project. acilities Management. Countywide ClP 255,200 30,665,088 URPOSE: To recognize transfer from CPM for the County Complex DRI project. ~/ictoria Park Drainage 3,200 15,400 PURPOSE: To appropriate additional Carry forward to upgrade the pumping Station electrical controls. 97-236 001 97-237 602 97-238 97-239 36~ 97-244 115 97-247 103 97-258 130 97-262 589 97-263 30t 97-272 134 P. I 2C 5 97-274 97-275 97-280 97-283 97-284 97-293 97-297 97-298 97-303 97.304 97-318 97-334 154 410 408 408 495 495 001 115 ~'me H,clge Industrml Park B00 50.200 IbURPOSE: TO recogmze carry forward 4md to adjust reserves for lower than ant,c,pate c~_ 4:pst to ma,ntain the Industrial Parks drainage system. yapll~s Produchon Park 1.000 15.700 ¢'URPOSE: TO appropriate car~¥ forward and addmonal dehnquent taxes ~nto reserves. Hawksndge Pumping Stabon 1,100 11,500 ,I~URPOSE: To appropriate additional 4arry forward fo upgrade tho pumpmg ~tahon and mcrease reserves. .~hordl's Grants 156,400 1,584.81 3 URPOSE: TO rocogmze funds from Ihe Grants 1o EncoutageArrest Pohoesgrant award. (~CWSD Dobt Service 0 20,133,800 ~'URPOSE: To offset carry forward shortfall with an operetlng tl'ansfer from the County Water/Sewer D~strlct. CCWSD Operating 7,600,000 55,043,660 PURPOSE: To recogmze additional carry forward and property ¢llocate it between funds. OCWSD Operating 155,300 55.198,960 I~URPOS6: To reimburse the CCWSD for ~oyal Cove Sewer Assessment mtenm funding. A~rport Aulhordy 8,500 1.158.642 .&~rpod Authority 50.000 1.208,642 F~URPOSE: To recogmze addlbonal fuel s4ales for the purchase of additional fuel. s~Lueneral Fund 36.000 110,517,698 RPOSE: TO appropriate the maintenance rwces revenues thal are,n excoss of their budget. P~eet Management 50.000 2.391,500 PURPOSE: To purchase fuel for County v~mcles and 0ClLUpment. Due Io a price mcroaso f~el was under budgeted ~n FY 97 Funded t~ ~ncreased fuel sales revenue. General Fund 12,000 110,529,698 Pi, JRPOSE: TO &ppropriate money from surplus fixed a~ltl for the payment of t~e aucbon commission. Sheriff's Grants 26,g63 1,611,776 PURPOSE: 'rd recogn,zI the EMS matchlng grant award. 5 RESOI,IITION NO. 97-11AR-4 A I,{ESOI,IlTI()N I'URSIIANT 1'O SECTION 129.06(2), FI,ORII)A STATUTES, TO AMEND TIlE IIUI)(;ET FOR TIlE 1996/97 FIS('AI, \Vi II~I~,HAS, Scctic, n 129 {)6(2L Florida Slatutcs. provides Ihal thc Boarcl o1' Counly Cmnmissioncrs (hcrcm,xttcr aJ',o rcF~_'rrctt t(> as "l/oard"J at ;in.,.' lime within a Fiscal year may amend a budgcl J'or Ihal .',car. and provides Ih,2 prc, ccdurcs Ihcref'or: arid WIII(I{ILA~q. fl'to Board of'Ctmnty ('ommi'-.smncrs (fl'('c, llicr ('rarely. FIt)ri,.li~, has received cc, pies ofbudgcl an'~cndmcnls v, hicb pm'..idc f'c,r bill arc not limiled lc,: anticipalcd cartx fl',r~vard, unanticipaled revenue, and/or rcccsi',ln nature I~'om ;~ sc, urcc not anticipated in Ibc budget and rccci',e,.t I'or a particular purpose; approprialicms for expenditure-, particular funds lllitl shot~ld be decreased and olhcr apprt~priatlcms in thc same fuml IhaI should hc corrcspondin~l.~ iiicrt2ilscd: approprl3tloi1s l~'tllll thc reserve f'c,r contlTlgl211cIcs.; appropriaticms I~'om thc reserve for I'tltur¢ construction improvements. ;md increased receipts For enterprise or proprictar) l~mds received f,,',r a particular purpose: and B.I Il{RI{Ag, thc Board has ,,Ictcrmincd that ,I ,.. appropriate t,a amcr~d thc [~,udg,:t fi',r I"iscal Year 1996/%~ 7 b,, rcsohltic, n pLli:qlillli lo ~qcclioil 129 06. FIc, rida .q, lattllcs. N()\\, I'III(RI-]'()RI(. BI( II RIiSOI.Vt([') I~'~' FIIt~ B()ARD ()1: C()[JN I'Y COMMIF,.'qI()NI!R.K OF COl I1 ('()[ IN [Y. FI.OR IDA. Ihat thc budget amendments It/ Ih,,: 1906 97 FY Btldgcl described below arc approved and h,.'rcbx ndoplcd and thc 1996,97 FY Budget is sc, amended. INCRliASI~ (I)HCRI~ASIi) CARRY FORWARD INCRI t3[ll)(il-i't' OI~, INCRI(ASE INCREASE INCRli,,X.'ql~ (DI']('RI .\5;I) AMI(NDMf~NT IN'F[:.RFUN D ( I)IX.'R EASI~) (DtLCREASIi'I NtlMB}iR."4 TRANSFf'iRS, R[(CI[IF'T I(XPI~NI)I'I-tlR[~ RE.RI~RVE.'q ]'RAN",} t'R~. 001 ~)7-236 3.600 3.600 6{)2 tl 7-2~ 7 149,338 10.O00 130.338 368 <~7-2 ';8 1.487 1.200 287 ;61 ~)7-23t) 1,462 25 I I 5 {~7-244 7,00(I 6.44{) 560 li)3 t;7-2,17 22,<)110 ~0.000 (7, 130 97-258 10.45 I 10.451 589 ~)7-262 255.200 3()1 ')7-2~3 255.20I) 255.200 I;.l (!7-272 3,40O (2{){I) 4.000 140 <)7-273 },500 (700) (22,200) 23.000 14 ] 9%274 3[)O 611(I (gO0) I.TUO I 5.1 ()7-275 I. 1 O0 5¢/0 61)0 FUND BUDGET A M ENDM ENT NUMBI'~RS INCREASE (DECREASE) CARRY FORWARD OR INTI.~RFUND TRANSF[!RS N(_' R [' ,.', ill': INCREASE INCREAS[:. INCREASE ([)t~CREASI!) ([)[".CR['~ASI'.') (I3ECRF. ASE) IX, lliRI"UND REC[ilPT [']XPI']NI)ITU R E R F.'SI!RVES I R.,\NSFERS 5 I t 5 9%280 4 I0 97-283 408 9%2§4 4O8 97-293 ,1{)5 97-297 ,195 O7-298 O0 I 9?-3O3 521 0%30.1 OOl 97-3 18 I I 5 97-3 0 7.600.000 155,300 I 56.440 156.4,10 8.500 8.000 50,O00 40,000 36.000 36.000 50.000 50.000 i 2.000 12.0(10 26.963 26.963 3.470.000 155.300 500 I0.O00 4. 130.000 BE iT FtJRTilER RESOI,VED that the Clerk is hereby ordered and directed to spread ti'ds Rcs,ahJtion in full among Ibc minub s oFthis meeting for permanent recc, rd in his office. ', his Resolution adopted aller motion, second and majority vote favoring same. DA FED: . ,x .' ' ATTEST: DWIGHT E. BRocK, Clerk BOARD OF COUNTY COMMISSIONERS COLI.IER COUNTY, F1.ORIDA 5~ ;.-,/...a, DEPUTY C L'E R g,/' TIM(YI'IIY, A'.. HANCOC;I<.-. ~HAI"RMAN ~ Approved as Io form and legal sufficiency: Collier Count? ,,\ttorne.,, ColLier £ou~ty, FIortcSa REO-[ST FC~ L£GAL AOVT~TtSIkG OF i~.~LIC #[ARING$ ltA 2 10: Clert~ to the Boar~: Please place the foltc,~iog as a: /~'~'~,'/ ~o~ a[ L~a[ ~erti~t /, / Other: (OJsptay ~., t~ati~, etc.) (Sig. clearly) te~iti~r: (~&~r~s): D~niel, Tetlo~, ~. 4572 Ea~le Key Naples, Fla. 34112 Na~e & Actress of any ~ersc~(s) :: ~ notified by CLerk's Office: N~)r(s) to ~ ~: (Co~le:e ~ly if i~rtan: I /, [~'x"~/ Naples DaiLy ~ T~TITIO~ NO. V-~6-) I ~A~IEL TETLOW, JR. REQ~STINO A 7.25 FOOT ~IMENSIONAL VARIANCE FROM THE SIDE Y~ SETBACK ~QUI~MENT OF 7.5 FEET TO ALLOW AN EXIST~G S~GLE F~MILY D~LL~G ~T TO ~ AT .25 FEET FROM THE WESTERLY SIDE PROPERS' L~ ~ ~ RSF-4 ZO~NG DISTRICT, FOR PROPERTY LOCATED ~' NAPLES MANOR S~DWlSION, ~T 1, BLOCK 4, LOT 8, SECTION 29, TO~SHIP 50S, K~GE 26E, COLLIER CO~'TY, FLORIDA. O~ Petiti~ Fee I~l~ ~tlsi~ Costt Yes I~,~ / No s__/ If y~, ~at aCCel sh~ld ~ char~ for ~ertisJ~ costs: ~[3-~Z~2-64~00 0i~isi~ te~ Date C~ ~r. Date List Att~h~ts:(1) (2) _(3) A. ~Or heari~s ~f~ ~ ~ ~: lnitiati~ ~rs~ to c~lete ~ c~ ~ ~tain Oivisim Ne~ a~rovat ~fere ~itti~ to C~ ~. ~OT~: ~f I~al ~t is J~tv~, ~ sure that ~ ~essary I~at revi~, or r~t f~r ~, is ~ to C~ Attor~y ~fore s~ittJ~ to C~ty ~a~:. 1he M~ger's Office 150 86-18 i~:: 11 BB' 01 ' 28 9~63~864 0~ 2 068C0~.'~11 151 ~-18 15:18 ~ ~' ~2 9~ 1~ ~-18 15:4~ ~81'48 9~ ~ ~ ~~18 15~ ~-19 15:19 ~'5~ 9~ ~ 5~9 ~ I ..... 1~ ~-19 15:31 ~'5~ 918 ~5102 155 ~-19 15:~9 ~'01' ~2 918 ~51~2 157 ~-~ 1~: 11 ~'~3 9~032~ 1 ~ ~-~ lO: 24 ~ ~2' 57 9~ ~ 5 ~~~ 12 159 ~-~ 11:~ ~0~'57 9~ 161 ~-23 11:44 ~1'33 9~ · 162 ~-23 11:46 ~83'i? 9~ 163 ~-2~ 14:~ ~2'M2 9~ TOT~ ~S June 24, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition V-96-3~ Dear Judy: Please advertise the above referenced notice one time on Sunday, July 13, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700012 NOTICE OF PUBLIC HEARING ~ Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JU~Y 29, 1997, in the Boardroom, 3rd Floor, Administration Building, ColLier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V-96-31, Daniel Tetlow, Jr. requesting a 7.25 foot dimensional variance from the side yard setback requirement of 7.5 feet to allow an existing single family dwelling unit to remain at .25 feet from tho westerly side property line in an RSF-4 zoning district, for property located in Naples Manor Subdivision, Unit 1, Block 4, Lot 8, Section ~9, Township 50 South, Range 26 East, as recorded in Plat Book 3, Page ~7, of the public records of Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) 13A 2 June 25, 1997 Daniel Tetlow, Jr. 4572 Eagle Key Circle I Naples, FL 34112 RE: Notice of Public Hearing to consider Petition V-96-3~ Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, ~997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 13, 1997. You are invited to attend this public hearinG. Sincerely, Sue Barbiretti, Deputy Clerk Encl. ~Les OaILy Ne~s Naples, FL 33940 Afftd4vit of PIJ~Ltcatton NipLas Daily News BOARD OF CCXJNTY CO~NI$$%O~ER$ ATTT, h NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 0012~ --70001~ ST53&1&7 NOTICE OF PUBLIC REA State of FLori~ County of Co[tier Before the undersigned authority, la the AJstJtint Cat,rite Secretary of the OatLy N~s, a daily n~l~r ~LII~ et N~Les, in Collier C~nty, FLort~: that the c~y of the ~verttsJ~ wes ~[Jlh~ tn Afft~t further says t~t the said ~[es N~s is m n~s~r ~[tsh~ et ~[eo, tn Coltier C~ty, FLorida, 4~ t~t t~ n~s~n ~ heretofore ~ ~LJsh~ tn said Collier C~ty, Ftor4da, each Miter it the ~s~ office In ~es, In Co~1er C~ty, F~ori~, for · ~t1~ of I next prec~t~ the first ~ttcstt~ of the Ittich~ c~y of ~vertti~t; ~ further says t~t she ~s nefther ~1d ~r pr~fs~ any ~rs~, fifo or c~ratt~ any dtlc~t, re~te, C~tII~ Or ref~ for the ~r~se of aecurJ~ this ~ertis~t for PUBLJSNED Off: 07/13 AD SPACE: 53.000 INCH FILED 0~: 07/14/97 + Signature of Affiant S~orn to ~ Subscribed before ~e this ~ day of ~, :,. 19.~./ RESOLUTION NO. 97- 303 RELATING TO PETITION NUMBER V-96-31, FOR A VARIANCE ON PROPERTY HEREINAFTER WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power t~ establish, coordinate and enforce zoning and such business regulations as ara necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 7.25-foot variance from the required side yard setback of 7.5 feet to 0.25 feet as shown on the attached plot plan, Exhibit "A", in an RSF-4 zone for the property h~reinafter 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 Co~e for the unincorporated area of Collier County; and Wq{EREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPF2%LS of Collier County, Florida, that: The Petition V-96-3! filed by Daniel Tetlow, Jr., with ~espect to the property hereinafter described as: Lot 8, Block 4, Naples Manor Unit 1, as recorded in Pla~ Book 3, Page 57, of the Public Records of Collier County, FlOrida. be and the same hereby is approved for a 7.25-foot variance from the required side yard setback of 7.5 feet to 0.25 feet as shown on the attached plot plan, Exhibit "A", of the RSF-4 zoning district wherein 2 said property is located, subject to the following conditi s: 1. The existing structure may be altered within the%cope of routine or required maintenance provided the alteration does not encroach upon the .25 foot westerly side setback allowed by this variance approval, nor any other{setback requirement at the time of alteration. However any enlargements of, or additions to the structure shall be in conformance with the required setbacks and any other requirements of the Land Development Code, at the time of enlargement. 2. The variance approved shall only be granted for location depicted on the attached plot plan. 3. In the case of destruction of the subject structure, for any reason, to an extent equal to or greater than fifty percent (50%) of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number V-96-31 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY V-96-31 RESOLUTION/18996 -2- oo ~t ~he {or~iw plat as t'~rde,t in Plat n~,k 3 Pa~ '57 ~,~hlic e~se~nts, t~ title m'nrch ~s ~n ~d~ l,%. ~L~s ~nrorm ~o "la~ ~k '3; Page 57 REQUEST FOR ~RIDA ; OF PUBLIC HEARINGS To: Clerk to the Board: Please XXX Noflnal legal Advertisement (Display Adv.. location, etc.) the following as a: 13A 3 l:~tition No. (Il'none, giv~ brief d~scription): ~L1-97-14 13~titioner: (Name & Address): Mr. Paul Taico % Horizons Rcallo~ 681 S. Collicr Boule'v~'d. Marco Island. Florida 34145 Name & Address of any per,on(s) lo Ix: notified by Clct'tc's Offi~: (Ir mor~ spac~ is needed, attach ~ Illeet) Hc~ringbe./'ore BCC XXX BZA Ot~er Newspaper(s) m be used: (Complete ord¥ if importanO: Based on advcniscmem appearing 15 da3n before hearing. XXX Naples Daily News Other [] L~gaily Reqll~-ed Propos:xl Text (Include legal cie~-~ption & common location & Size: Petition No. CU-97-14. Paul Tateo. Trustee as Contract Buyer of behalf of WR Realty Parmers. n:ou~ine corglitional use "4" of C-4 Genend Comm,:rcial Districl for a dry marina, nest used boat and e~uioment sales and r~laled servi~ work for Drot~r~' located al ~1~ NE corner of B~ld Earle Dr~ and WinoNv~rd Drivt. Marco Island in Section 8. townshio 52 South. Ranec 26 Eat. consisline of .94 acr~. ~ Compamon ~'lition(s). if any & pmpos~ hearing date: Does Petition Fee include advertising cosl? [--] Yes [] No ff Yes, what nccount should be ckarged 113-138323-649110 ~ by:, Approved by: Division Head Date Counly Manager ~ Dale l..isi Attachn~:nts: PlSTRIBLITIQN INSTRU~rI'IQN$ ,4. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division He~d lipprovnl submitting to County Manager. No~e: If lelal dootment is involved, be mr~ that any n~.~r'y Jep] for same, Is submitted to County Atlorney befot~ submitting to County Manager. The Manaf,,ef°8 od~ce will dlMr~u~e [] County Manager agenda file: to [-] Requesting Division [] OrilJmd C3erk's Office B. Other hearing~: lrdtiating Div~ion h~ad to apprm~ and ~ubmit original to Clerk's OIIic~ rc'~i~in$ · DataR~x=ived: /_. 13c, DatcofPublichearing: ¢ ~. ~__ DaleAdvenised: / / WI'I~EL:R~-7 a'l..t lnt:e:es~:ea pa:l:lesmave t~een g~.ven oppo::un~.~:y 13 3 ~ ~K): (94Z) 7'74-8406 hQ, I I)::ITE IST. TIHEITOTAL ,~EIAB~I -- ;~ s~l'~ I.PGSIDEPI' CO~ ~ CO~ ' / 171 ~-~ 10:40 00~ 00,54B 933243"3? DE I ' ~r.~ ~b-J~ 15:5(5 011~0l~'4~ .qOl 767 8EU~ ~ ~I0 ..... ~o~.ms ~ ~ -1 July 1, 1997 MS. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition CU-97-1~ Dear Judy: Please advertise the above referenced notice one time on Sunday, July 13, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700012 The petition filed by Paul Tateo, Trustee as contract buyer representing WR Realty Partners with respect to the property hereinafter described as: Lot 11, Block 776, Marco Beach, Unit 4 Replat, as zecorded in Plat Book 12, Pages 19-21, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use ~4" of Section 2.2.15.3 of the C-4 zoning district for a dry marina, new and used boat and equipment sales and related service work in accordance with the Conceptual Master Plan (Exhibit "B") and subject tO the following conditions: The Site Plan (Exhibit "B") is conceptual in nature, and site related changes required to comply with the Land Development Code, may be administratively approved. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1997~ BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: . TIMOTHY L. HANCOCK, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MAR3C~i~E M. 'STUDENT ASSISTANT COUNTY ATTORNEY f/CU-97-14 RESOLUTION I13 A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-14 3 The following facts are found: Section 2.2.15.3.4. of the Land Development Code authorized the conditional use. Granting the conditional use will not adversel~ affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: ~ Yes No ~ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or __ Affect mitigated by __ ~ Affect cannot be mitigated -- D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: F/FINDING OF FACT CHAIRMAN/ 'i EXHIBIT "B" RESOLUTION 97- 304 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A DRY MARINA, NEW AND USED BOAT AND EQUIPMENT SALES AND RELATED SERVICE WORK, CONDITIONAL USE "4" IN THE C-4 ZONING DISTRICT PURSUANT TO SECTION 2.2.15.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 8, TOWNSHIP 52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly app¢inted and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "4" of Section 2.2.15.3 in a C-4 zone for a dry marina, new and used boat and equipment sales and related service work on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by saia regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: -1- The petition filed by Paul Tateo, Trustee as contract buyer representing WR Realty Partners with respect to the property hereinafter described as: Lot 11, Block 776, Marco Beach, Unit 4 Replat, as recorded in Plat Book 12, Pages 19-21, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use "4" of Section 2.2.15.3 of the C-4 zoning district for a dry marina, Dew and used boat and equipment sales and related service work in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: 1. The Site Plan (Exhibit "B"/ is conceptual in nature, and site related changes required to comply with the Land Development Code, may be administratively approved. 2. The driveway on Bald Eagle Drive shall be an exit only. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~? day of .,~ ,,, , 1997. ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS ~O F~M ~ND LEGAL SUFFICIENCY: MARJORIE M. STgDENT ASSISTANT COUNTY ATTORNEY BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TIMOTHY ~. H~[NCO~K, CHAIRMAN f/CU-gT-]4 RESOLUTION FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-14 13A 3 The following facts are found: Section 2.2.15.4 of the Land Development Code authorized the conditional use. 2 o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes L~~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: Q// No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~-~J' No Based on the above findings, this conditional use should, with stipulations, (copy attached) ~t) be recommended fj~r approval F/FINDING OF FACT CHAIRMAN/ EXHIBIT "B" 13A 5 CZ2m:~Iz~ ~ c~) FAX I~K): 941) 774-8408 0o~ o2' 05 00" 0o' 56 00~ 0t ' 51 o0o 02' 08 oo" o i ' 57 oo' o 1 ' O0° 02' 02 L~3" 01 '09 ----1914073844915 1,92634864 00°01'49 O0°Oi'4J 00°02'.14 00'01'26 0~°81'26 July 14~ 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notzce of Public Hearing to consider Petition NUC-97-2 Dea~ Judi: Please advertise the above referenced notice one time on Friday, July 18, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 704259 ltA 5 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JULY 29, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition NUC-97-2, Beau Keene0 P.E., representing First Charter School of Collier County, Inc., requesting a non-conforming use change for use as a school and associated uses; for property located at the southwest corner of the intersection of Golden Gate Parkway and 68th Street S.W., Tract 36, Golden Gate Estates, Unit No. 29 as recorded in Plat Book 7, Page 57, of the the Public Records Collier County, Florida, consisting of ~/-5 acres. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COM~ISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk ( SEAL ) July 14, 1997 Mr. Beau Keene, P.E. 538 9th Avenue South Naples, Florida 34102 RE: Revised Notice of Public Hearing to consider Petition NUC-97-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, ~997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, July 18, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: First Charter School of Collier County, Inc. 1.3A 5 July ~4, 1997 First Charter School of Collier County, Inc. 4820 Bayshore Drive, Suite F Naples, Florida 34112 RE: Revised Notice of Public Hearing to consider Petition NUC-97-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, July 18, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Beau Keene, P.E. RESOLUTION NO. 97- RELATING TO PETITION NUMBER NUC-97-2, FOR A NON-CONFORMING USE CHANGE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of requests for non-conforming use changes, and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a school in an 'E" 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 1.8.6 of the Land Development Code for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida,: that The Petition Number NUC-97-2 filed by First Charter School of Collier County, Inc., with respect to the property hereinafter described as: Tract 36, Golden Gate Estates, Unit No. 29 as recorded ~n Plat Book 7, Page 57, of the Public Records of Collier County, Florida. -1- 13A be and the same hereby is approved for a school in the Estates Zoning District wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Number NUC-97-2 be recorded in the minutes of this Board. This Resolution adopted after motion, vote. Done this day of ATTEST: DWIGHT E. BROCK, Clerk second and majority , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, Chairman Approved as to Form and Legal Sufficiency: Marjo~e M. Student Assistant County Manager f/~c- 97-2 RISOL~ZON/ NAPLES DAILY NEWS Published Daily Naples. Ft. 33940 Affidavit of Publication State of Florida County of Collier Bef~e Ihe undersigned authority, personally appeared B. Lamb who on oath says that they serve as the. Asst. Cot . Secretar of lhe Naples Daily, a daily newspaper published at Naples. in Collier County. Florida: that the attached copy of the advertising, being a Notice of Public Hearth in themaUerof NUC-97-2 was published in said newspaper__~_~____L_times in lhe issues starting ~nd ending ~ Athant furthe~ says thal [he sag Napes DaVy News ,s a newspaper. I:~shed at Nal:~es, ~n said Coff~' County, FIo~da. and that the said newspape~ has he~elof~e been co~tinucx~sh/pub~st~l i~ sa~ C~,' Courtly, L,~, M:c., ~_.:.~., hes. _~ ..,~. aa ~ ~,,,s m., ma,,.., ,he '~ ~"=~'~ ~ or a~t; a~ aU,ant furl~ says l~t ~ has ~ff~ pa~ ~I ~ a~ ~, f~ ~ C~at~ any ~nt. r~ate, c~ss~ ~ ref~ f~ I~ ~ Of (~t~e of Afl,anti Sworn to and subscri~ ~fore me this 18 dayo~ ~ 19~ MY ~:OMMr~tON ~ ~787 [XRR~S Personally know~.~..~,..~_~oduced ~'~hfCat~.~__. Type of IOe~bPcabo~ Produced · 5 Mac~K[e, Pamela $. FORM 8B MEMORANDUM OF VOTING CONFLICT I OR MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS J~,~ ADO ~ L$5 330~ ?amiami Tra[i Eas~ COUntY Naples CoLlier 29 1997 edAa, le. OF BC~RCL CO~IPd:SL, Cc)4r,4~tSa(Oi,4. ~~ Collier Count Board lesi¢.,er.~ THE IO, A~.O, COUI~CIL. COMMISSION. AUTI~O&I'rI'o OR CO:H. Mll IF~ NA~,I~ OF POLITICAL SUBOIVISlOH: Coll tee' County I~IY I~)SITION IS: ;/,~ ELECTIVE ,: ApffOI.',eTlVE . WHO MUST FILE FORM 8B is ror u ¢ b? any person serving at the county, city. Bt other local level of government on In appointed ~ dec:~ed hoaxer. ~ur~[. commission, authority, or committee_ h appllcs equally to members of advlsor~ and non..adv~loiT bBc[icg who ant pe',~cmcd votlnl confiic~ of interest under SC~:l|un 112.1143, Florida Statute1. The requlremcn, u of IhLI Law Lre mam:bllor.y; lllho,,8,h ~ or (his particular form is not required I~y law, )~:)u are encouraged to use {I in making Ihe disclosure n:quimd by law. rcsponsibilldcs under the law when laced with a men.sure in which you have a conflict of intetesl will viz7 r~raLly del:rending ' whether you hold an elective or appointive position. For this re,,son, please pay close attention to the ituttuelJoru on slds t'orm completin~t the rc~'erse side ~nd riling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION tt2..~43, FLORIDA ~,"I'ATUTES OFFICERS: - per~,~n holding elective county, municipal, or other local public office MUST AB~AIN r~m votln~ on a m~ure which inur~ h~ sp~{a[ prit~c gain. Each local officer also is pmhibiled from knowinlly ~dnl on ~ me.ute which inux~ Io the speci~ Bt a pr~ncibal (oH~cr than a govern~nt agent') by whom he is retained. In either cas~ you should disclose thc confli~: PRIOR TO THE VOTE BEING TAKEN by publicly szazing zo zhc assembly zhc nature o~ }~ut imcr~z in ~l~c mcmurc on which you arc abstaining from voting: and WITHIN 15 DAYS A~ER THE V~ OCCURS by completing and filln~ this ~orm ~th the ~on r~n~blc for t~in~ thc minutes of ~hc mooring, who should incorporate Iht form in lhe minute. · '; ' kPPOI~TED OFFICE~: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from votin8 r)n ~ meas,.c which inures to his special private gain. Each local officer also is prohibltcd from k~owlngly voting on a measure which in.~es tn the special gain of a principal (other than a government agency) by whom he is retaincd. A person holding an appoimlvc local office otherwise may particlpatc in a ~attcr in which he has a conflict of interest, but must disclose the nature of the conflict before makin8 any at(crept to inlluence thc decision by oral or written communication, whether m. adc by the officer or at his dircction. IF YOU INTEND TO .M^KE ANY ATTEMPT TO II(IFLUEN. CE THE DECISION PRIOR TO TIlE MEETING 'AT WHICH THE VOTE WILL BE TAKEN: ' 'tbu should complete and file this form (before making any attempt IO innuencc the decision) with Ihe person tesponslhl¢ for ~Cording (he minutc~ nf the m¢ctiltg, who will incorporate thc form in Ihe minutes. IF YOU MAKE NO ATTENIPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION ATT~. E MF-ET1NG: · You should dL~lose orally the nature of )'our conflict in thc me'a~ure before participating. · You should complete thc form and fltc it wit hln'l$ days allot Ihe vole occur~ with Ihe Ix'~on responsible tror recording the ~ of the meeting, who should incorporate Ihe form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTERE:ST !. Pamela S. Mac'Kie · hereby disclose Ihat on (a} A measure came or will come bet'ore my aeency which (check one) ~ inured to my spc, cla] private lain; or ~X inured :n Ihe spca'iai gain of. M ' K ' ~ (b} The measure before my agem.-y and the ,alure of my imercsl in Ibc mc'asurc L~ a~ follows: ~ 29 by whom I am ~ Agenda Item 13 (A) (5) Petition NUC-97-2, Beau Keene, P.E., representing First Charter Schoot of Collier County, Inc., requesting a non-conforming use change f6r use as a school and associated uses from property located at the southwest corner of ~he intersection of Golden Gate Parkway and 68th Street SW, consisting of +/- 5 acres. .. tfcer consultation with 'the C ~v.~ matter u ounty Attorne , I · - t "n ..... P rsu. ant to Section 286.017 ~Y .... a~bs_tained from voting on th, agen~y'"~t~e~_or any .state, county, o;'m~.a,5_t_atutes, 'which provides - · ~ present'~t an ...... -- -~ ~.~ ~overnmenta! board ~ ..... ~ng u: such body at which.an.dffi aC~nuca~ -" ion, rQllng or other official act is to be taken or adopted ,~nay 'abstai: .:rom voting...except when, With respect to any such member, there is, or :o be, a possible conflict of interest under the provisions'of :12 313, or S-~12.3~43. In such cases, said me~ber shall comply with the ute requirements of S.1'12.3143.. July 29, 1997 )~¢ F~lcd .- UNDER PROVISIONS OF FLORIDA 5'rATUTES J112.317 (198:~). A FAILURE TO IWAKE ANY REOL':R_---'~_ RESOLUTION NO. 97- 305 RELATING TO PETITION NUMBER NUC-97-2, FOR A NON-CONFORMING USE CHANGE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of requests for non-conforming use changes, and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board of the area hereby affected, has he~ a public hearing after notice as in said regulations made and provided, and has considered the advisability of a school in a~ "E~ 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 1.8.6 of' the Land Development Code for the unincorporated area of Collier County, and ~ WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida,: that ~ The Petition Number NUC-97-2 filed by First Charter~chool of Collier County, Inc., with respect to the property h~reinafter described as: Tract 36, Golden Gate Estates, Unit No. 29 as recorded '~ Plat Book 7, Page 57, of the Public Records of Collier Count' Florida. -1- 5 be and the same hereby is approved for a school in the "E" Estates Zoning District wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Number NUC-97-2 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~___ day of ~ , 1997. ATTEST: BOARD OF ZONING APPEALS D~IGHT E'. BRO~CK, Clerk COLLIER COUNTY, FLORIDA TIMOTHY//L.r HANCOCK, Chairman Approved as'to Form and Legal Sufficiency: Assistant County Manager f/~C-97-2 RISOL~ION/ Timothy L. Hancock. AIC~ Timo~y I. Co,'~t~n~Jne District 3 I~mela S. t,,4ac'Kie [)istric~ 4 Ois~ric~ $ 3301 East Tamiami Trail · Nap4es. Fkxida 34112-4977 (941) 774-8097 · Fax (941) 774-3602 July 29, ! 997 The Honorable Dwight Brock Clerk of Courts C,Jdier County Government Center 3301 Tamiami Trail East Naples. FL 34112 Re: TDC expenditures associated with the 1996 Greater Naples Intellinet Challenge Dear Mr. Brock: Commissioner Para Mac'Kie raised issues regarding the TDC fimding of the 1996 Greater Intellinet Challenge at the Board of County Commissioners meeting on July 22. 1997. Ms. Mac'Kie asserted at that time that the Clerk's Office has several difficulties in the manner in which the Board of County Commissioners handled that contract and its subsequent revision at the Board of County Commissioners meeting on January 14, 1997. When requested to produce specifics regarding the inappropriate expenditures, Ms. Mac'Kie offered one example but stated that there were approximately three inappropriate expenditures associated with the tournament. It was also Ms. Mac'Kie's statement that the Board of County Commissioners effectively stopped your office from looking further into what you deemed to be inappropriate expenditures by amending the 1996 Greater Naples Intellinet Challenge. Since you were not present at the meeting, I have only Commissioner Mac'Kie's statements to consider. As a result, I have reviewed the minutes of the January 14. 1997 meeting in which the Board retroactively amended the Greater Naples Intellinet Challenge contract in order to tailor the contract to the expenditures necessary to complete the tournament. Those minutes indicate that out of a $500,000 grant, all but $32,000 qualified under the four stated categories in the contract as eligible expenditures. The only issue raised at that Board of County Commissioners meeting regarding expenditures was whether or not the contract should be amended to include the $32,000 as an eligible expenditure. According to Mr. Mitchell of your Finance Department, "the only concern we had is that it is outside of the four categories specified in the contract. Included in our documentation, we can tell you everything you wanted to know about the $32,000." If there were other or are other areas of the contract that raised concern at that time, the Board of County Conunissioners simply was not notified of them. Mr. Dwight Brock July 29, 1997 Page Two [n addition, the Board of County Commissioners approved wording in the contract that gave the Clerk's Office the ability and authority to request specific information to clarify any expenditures contained in the contract. At the BCC meeting on July 22, 1997, the Board reiterated its intent to specifically allow for information to be requested and supplied by the grant recipient regarding anY questionable expenditures. In a nutshell, the Board of County Commissioners was not made aware of any questionable expenditures beyond the $32,000 previously stated. The Clerk of Courts Office has had and will continue to have the ability to pursue any expenditures deemed ineligible or questionable and can do so without direction by the Board of County Commissioners. The financial prudence displayed by you and the members of your financial tea, n in the past would lead me to believe that it would be of the utmost importance to notify the Board of County Commissioners when a financial contract element has not been met. Since I have received no correspondence from you on this matter. I must assume that you have ngt deemed this matter worthy of the Board's attention. If not for Commissioner Mac'Kie's comments, I would be completely unaware that your office feels areas ofthe 1996 contract remain as questionable expenditures to be pursued. If this is in fact the case, please respond to my office in writing, and I will be more than happy to provide that information to the balance of the Board of County Commissioners at our earliest opportunity. On a more personal note, as Chairman of the Board of County Commissioners, l welcome your communication on any matters in which you believe the Board of County Commissioners has not acted appropriate or has not received full and complete financial disclosure where required. If you have concerns that you deem appropriate to warrant Board action, the proper avenue of communication would be a request to the Chairman to be heard by the balance of the Board of Commissioners with supporting information. This avenue may help prevent occurrences such as last week where partial information is provided leaving far more questions than answers. I greatly appreciate your cooperation on matters such as this in the future, and should you have any questions regarding this correspondence, please don't hesitate to contact my office. TLH:vgr cc: Board of County Commissioners Sincerely, Chairman Commissioner District 2 CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this c_qL22_ day of ~~, 1997 between Village Walk Development Company, Inc. hereinafter referred to a~'Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". R~ECITALS. I. Developer has, simultaneously with the delivery of this Agreement. applied for the approval by the Board of' a certain plat of a subdivision to be known as: Village Walk Phase Six. 2. Division 3.2 of the Collier County Unified Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: I. Developer will cause to be constructed: a potable water system, sanitary sewer system. drainage, grading, paving and miscellaneous as outlined in Engineer's Cost Estimate (attached hereto as Exhibit "A" and by reference made a part hereof) within 12 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders ils subdivision performance security (attached hereto as Exhibit "B" and by reference made a pan hereof) in the amount of $383,900.00 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County. after written noti:e to Developer, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary, approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period ofone year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements, and. if found to be still in compliance with Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or unlil the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for a reduction in the dollar amount of the subdivision security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement. upon certification of such failure, the County Administrator ma)' call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids. the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and 1 16A contingent costs, together with any damages, either direct or con.~qucnlial, which the B,ard nmy sustain on account of the failure of the Developer to carry out all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer respective successors and assigns of the Developer. 1 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement lo be executed by their duly authorized representatives this ~.?'9 day of ~, 1997. Signed, Sealed and Delivered in the presence of: VILLAGE WALK DEVELOPMENT COMPANY, INC. Micha{:l D. Rosen, ~ ' Agent · AT£EST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: Collier County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:~"-"~- Timothy ~ndock ', C~a~ 96425\con&main.agr EXHIBIT "A" ENGINEER'S COST ESTIMATE SUMMARY 1 1 1. Potable Water System II. Sanitary Sewer System Ill. Drainage IV. Paving Concrete, Miscellaneous SubTotal Total (rounded to nearest $1,000) 10% of Total ~ 110% Letter of Credit amount $ 64,472.00 $ 87,684.00 $ 38,299.00 $ 348,714.75 $ 349,000.00 $' 383,900.OO SUNTRUST ADVISING BAN-K: LETTER OF CREDIT NUMBER: P030128 ISSUANCE DATE: u-ULY 02, 1997 APPLICANT: DIVOSTA AND CO., INC. AND VILLAGE WALK DEVELOPMENT CO. INC. 4500 PGA BLVD., NO. 400 PALM BEACH GA/~DEN, FL 33418 BENEFICIARY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDIA C/O PROJECT PLAN REVIEW 2800 N. HORSESHOE DRIVE NAPLES, FL 33942 FOR USD 383,900.00 (THREE HUNDRED EIGHTY THREE THOUSAND NINE HUNDRED 00/100 U.S. DOLLARS ) DATE OF EXPIRATION: JULY 02, 1998 PLACE OF EXPIRATION: OUR COUNTERS GENTLEMEN: WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF Cl~EDIT NO. P030128 IN FAVOR OF THE BOA/~D OF COUNT~ COMMISSIONF~RS, COLLIER COUITI"f, FLORIDA (HEREINAFTER "BENEFICIARY"). C/O PROJECT PLAN REVIEW, 2800 N. HORSESHOE DRIVE, NAPLES, FLORI~L 33942, FOR THE ACCOUNT OF DIVOSTA AND COMPANY__INC. A1TD VILLAGGE WA/~K DEVELOPMENT COMPANY, INC.. 4500 PGA BOULEVARD. SUI~ 400, PALM BEACH GARDENS, FLORIDA, 33418. FOR UP TO THE AGGREGATE AMOUNT OF THREE HUNDRED EIGHTY-THREE THOUSAITD NINE HUNDRED U.S. DOLLARS ($383,900.00) ~AILABLE BY YOUR DRAFT(S) AT SIGHT ON US BEARING THE CLAUSE: DRAWN UNDER SUNTRUST BA/TK. SOUTH FLORIDA, N.A.'S STANDBY LETTER OF CREDIT NO. P030128 DATED JULY 02, 1997", AND ACCOMPANIED BY: 1. BENEFICIARY'S DATED CERTIFICATE PURPORTEDLY SIGNED BY THE COUITrY MANAGER STATING: "VILLAGE WALK DEVELOPM]~NT COMPANY, INC. HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH VILLAGE WALK PHASE V OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUlTI~Y HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY." 2. THE ORIGINAL OF THIS LETTER OF CREDIT. THIS LETTER OF CREDIT EXPIRES ON JULY 02, 1998. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMEND~ FOR ONE YEAR FRO;~ THE EXPIRATION DATE HEREOF. OR ANY FLTTUR~ EXPIRATION DATE, UNLESS SIXTY (60} DAYS PRIOR TO ANY EXPIRATION DATE WE SEND NOTICE TO YOU BY CERTIFIED MAIL. TO THE ABOVE ADDRESSS, THAT WE ELECT NOT TO RENEW THIS CREDIT FOR ANY SUCH ADDITIONAL PERIOD. LETTER OF CREDIT NUMBER P030128 PAGE NO. I SUNI'RUST 16A-i ;~ HEREBY AGREE WITH YOU THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIA24CE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION AND DELIVERY OF THE DOCUMENTS SPECIFIED IONAL SERVICES INC., 25 PARK SUCH UNDERTAKING SHALL NOTT~ ~-gF~U~..----~-E~TA.,~:INS, A~ AMPLIFIED BY REFERENCE TO A~r~ ~~=~ ~gI__F~ ;hMENDED, OR AGREEMENT REFERRED TO HE~%~'~"..-r~-$,9~- ~!~-t~-ENT- OR CREDIT IS REFERRED TO OR''~' u~ ~ -mx~a '~s LETTER OF BY REFERENCE ANY DOCUMENTS, INSTRUMENTS, OR AGREEMENT. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, ~!.m3~__gLL~TTER OF CREDIT IS SUBJECT ~m ,,u, ,.~.T~_~_RR~__OCABLE CHAMBER OF COMMERCE PUBLICATION NO. 500. SION), INTERNATIONAL SINCERELY, SUNTRUST BANK. SOUTH FLORIDA, NATIONAL ASSOCIATION FORT LAUDERDALE, FLORIDA '3 I~'~FL~,~?~-.,,~,~ PAGE 2 A;I co~ ar~ co~,'nc~,catio~ st~ be c~ecl to our ~genf .~T~m't Inte,naborkl Se, v,ce~. ~c.. 2.5 ~ Ptace. A~ama. ~ 30303 Te~ex: 5422~0 g~0225 f;,~9~ LETTER OF CREDIT NUMBER: PO3OI2S · - VILLAGE WALK DEVELOPMENT CO. 4500 P~ BLVD., NO. 400 BENEFICIARY: :'BOARD OF COUNTY ~OMMISSION'ERS "l'~a,','t Sr,;r:a:sr St:.,,Tm.--'r S~-.i'm.-;; ,.',. · _COLLIER COUNTY. FLORDIA C/O PROJECT PLAN REVIEW ',Tm?v St:~;f'/;t'~T St.xTm'.,.'t Sr::'l~,.', St..,'T'":.'.7 -,2800 N. HORSESHOE DRIVE .... NAPLES, FL 33942 ":; , ,,dk..t 5L%I;~t%T St'fM'.:T St,N'fllty..'T ~. " THIS AMENDMENT IS TO BE CONSIDERED A~ PART OF .THE ABOVE MENTIONED CREDIT AND MUST BE ATTACHED , .,'. , .. ~, . ,....- ~ ·-[ C, ~ ~ .., '; p BENEFICIARY ' S CE ~ :'"' ~ .... ~2 ...... ~ " RTIFICATE NOW READS AS'FO · :'. ....... ' ' ra-AiNTAIN THE . · ,.-,.,.,.~a~:~u..,t~, uut~u'&'14UCT A/qD OR MPROg E Sassocxarzr w TH . e-L,..K~Ly ACCEPTED BY THE BENEFICIARy. ,, t~i4O%/]'DED TO AND · CONDITI.ONS REMAIN UNCHANGED. "'.,,.; -i ,! ',1'.!;',.:, :'t 'X t !n ':.l ~t.~l~.t.'q' SINCERELY ,_ ~uo~ ~u~ uO~rH FLORIDA NA I " " ·' ' · ' ' .'./..t. ~ t:: ',j':t ?: % .~,rm'~"r F! ~ ~'i.,. ,-t %~'x'!'~.t : '~ . ' . , '~ ' i .... T :'~ ,[.!-1' 'fil.:x'f~.t ',7 5t ',~',d.','T SLxral~.; %'..i.,' ,., , ';'kT.~,,,".'r SIxt:L,r '"',l..t-7 Sl?.~q: : t'.'. ........ [ ~:',[..I.-T ~:",[Fznl y,-.. , · t '; }, :L';r ~t ",'1 ~,t ,i 5l :/~';;k'. I ' ' " ' .... .; '; '~ ',i,,; .; -': ~:,r'~ u-'t S'. '.L, - ' - h'.,,,,.,', ': '. L.;..'r Si .[,: .. .'. · 't',,~' .? 't',' ,," :ct\'~>.~.~ : ..; Allanla. ~ 30303 Teldix: 542210 ~ !0225 O'/g~ ' · CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT 2 THIS CONSTRUCTION AN MAINTENANCE AGREEMENT for SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT, entered into this ~ day of ~ .... / 19f~_,' between BRENTWQOD DEVELOPMENT GRP~ hereinafter referred to as "Developer" and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". Developer has, simultaneously with the delivery of this Agreement. applied for the approval by the Board ora certain plat &subdivision to be known as: AVllA UNITONE. Division 3.2 Of the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: Water, sewer, drainage, access, buffer and lighting infrastructure serving ~ within 36 months from the date of approval of said subdivision plat, said improvements herein after referred to as the required improvements. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. Upon completion of said improvements, the developer shall tender its performance security (Letter of Credit/Surety Bond), in the amount of -~ which amount represents 10% of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 2 to be reviewed and approved by thc Development Services Director for compliance ~,,ith the Collier County Land Development Code The Development Services Director shall, within sixty (60) days of rcx.'eipt of the '.taterm.-n~ of substantial completion, eilher a) notify the I)c~,eloper ,n ,,,,'ritm~z of his prshmma.,~ approval of the improvements; or b) notify the Developer in ,,srm~g of his refusal approve improvements, Iherewith specifying those conditions ~,vbch the I~.--,'elo~w fulfill in order to obtain the Director's approval of the improvements Iiot~ever. tn m~ exem shall the Development Sen, ices Director refuse preliminary approval ~)t' the ~mpro,.twnent, ,: they are in thct constructed and submitted for approval in accordance '.,.ith the requ,rcment,, of this Agreement. '{'he Developer shall maintain all required improvemems for a minimum p,:"ru.M of ,~,m.- ".car after preliminary approval by the Development .%e~'ices Director .Xfier the ~m¢ maintenance period by the Developer has terminated, the Ek~'eh~p,.-r shall Ix't,t~,,n the Development Services Director to inspect the required improvements l'he l,l~'elopmcn: Services Director or his designee shall inspect the improvements and. il'' l''ound to be ,,till m compliance with the Cc, liter ('oumv t.and Development Code as reflected b',. tlnal l?v tile Board. the Board shall release the 10% subdivisions peril:finance securitx l'he l)eveloper's responsibility for maintenance t~t' the required imp~t~cments shall unless or until lhe Board accepls maintenance responsibility fi)r Ibc h~ the even{ the Developer shall Ihil or neglect IO ti,ltill its (,bliu,:~ati~ms undc~ this A~rccment. upon certification of such £ailure. the County Administrator may call upon the subdivision perfor~ ,,er.a~it¥ te ~e~:~e ~,a~ c~'nl~mn, rt'~ .rm'~ mam~enam:e ,,~' rlx.- re,~u~red ,mpro,.,emen'cs 'l'l~e t~otwd shall have the r~gh! to construct ;md mamlam, or cause to be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids. the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board. upon completion ofsuch construction, the final total cost to the Board thereof, including, but not limited to. engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all oflhe provisions pi'this A~reement. All of tile terms, covenants and conditions herein contained are and shall be binding upon Ihe Developer and the respective successors and assigns of the Developer IN WITNESS WHEREOF, the Board a~d the Developer have caused this Agreement to be executed by their duly authorized representatives this '" day of . , Signed, Sealed and Delivered in the presence of: BRENTWOOD DEVELOPMENT GROUP, INC. ..{ , Arthur Shaft'an, President ATTEST: ..... r Dwight E. BrOck, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: l-~mothy L,/H~cock, Chairman Approved ~s to form legal su~ciency: D~vid C. weiset Collier Court' Anorney X -1" 0 I-- 0 m CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT 16A 3 THIS CONSTRUCTION AN MAINTENANCE AGREEMENT for SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT, entered into this ~ day of .. .. ______, 19....., between .BRENTWOODDEVEL PMENT R P IN hereinafter refe. tTed to as "Developer" and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". Developer has, simultaneously with thc delivery of this Agreement. applied for the approval by the Board ora certain plat of subdivision to be known as: AVIL.A UNIT TWO. Division 3.2 O£ the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: Water, sewer, drainage, access, buffer and lighting infrastructure serving AVIL,4UNIT TWO within 56 months from the date of approval of said subdivision plat, said improvements herein after referred to as the required improvements. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. Upon completion of said improvements, the developer shall tender its performance security (Letter of Credit/Surety Bond), in the amount of 'k,¢"x~..c ,.' which amount represents 10% of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code ! JUL 2 .q 1997 to be reviewed and approved by the Development Services Director I'ol compliance with the Collier County I.and Development (:ode The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) noilly, the Developer in writing of his preliminaD, approval of the improvements: or b) notify the Developer in writing of his refuel to approve improvements, therewith specil~,ing those conditions which the Developer must fillfill in order to obtain the Director's approval of the improvements. However. in no event shall the Development Services Director refuse preliminary approval of the improvements il' fi~cy arc in fact constructed and submitted Ibr approval in accordance with the requirements ot' this Agreement 'l'he Developer shall maintain all required improvements tbr a minimum period of one 5'ear after preliminary approval by the l)evelopment Sen, ices Director After the one year maintenance period by the Developer has terminated, the Developer shall petition thc Development Ser¥ices Director Io inspt~t the r~uired improvements The Development Sen, ices Director or his designee shall inspect the improvements and. iF fi)und to be still in c~.npliance with the ('oilier ('ounty l.and Development ('ode as retlccled by final approx:fl by ~l~e Board. thc Board shall release the 10% subdivisit~ns perl~m:mcc security Thc I)cvelopcr's responsibility Ibr maintenance of the required improvements shall conllnuc t.~lcss ()r until the Board accepts maintenance responsibility' fi~r the ('~)u.tv In thc event lhc l)evclopcr shall Ihil or nc,..z, lect to lhlfill its ~bligations under this Agreement. upon certification of such failure, the County Administralor may call t,pon the subdivision l;erformance security to secure salislhctory completion, repair and maintenance of thc required improvements The Board shall have the right to construct and maintain, or cause t~ be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids. the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemni6,., the Board. upon completion of such construction, the final total cost to the Board thereot: including, but not limited to. engineering, legal and contingent cosls, together with any damages, either direct t~r consequential, which the Board may suslain on account of the failure of the Developer lhlfill all of the provisions of this Agreement All of the terms, covenants and conditions herein contained are and shall be binding upon tile Developer and the respective success~rs and assigns of the Developc~ 3 JUL 2,3 1997 IN WITNESS WHEREOF, the Board and the Deve, lo~per have caused this Agreement to be executed by their duly authorized representatives this I ' day of' '-,.~ '. 19'.' Signed, Sealed and Delivered in the presence of': BRENTWOOD DEVELOPMENT GROUP, INC. By:. Arthur Shaft'an, President ATTEST: Dwight E..Brock, Clerk Approved as' to form and legal sufficiency: David C. Wcigcl Collier County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:~ Timothy L/Ha~cock, Chairman X D 0 0 .J > °~8888888 88888888 s ~ ss s ~ _ .s S $ $ . . 16A 3 8 88~8~ 8 CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AN MAINTENANCE AGREEMENT for SUBDIVISION IMPROVEMENT,S PRIOR TO RECORDING OF PLAT AGREEMENT, entered into this day of , .~ '" 19.~ between BRENTWQ_OD DEVEL PMENT R P IN hereinafter referred to as "Developer" and the Board of County Commissioners of Collier County, Korida, hereir~er referred to as "The Board". Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board ora certain plat ofsubdivision to be known as: ,4 I/II~4 UNIT THREE. Division 3.2 Of the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: Water, sewer, drainage, access, butter and lighting infrastructure serving ~NIT THREE within 36 months from the date of approval of said subdivision plat, said improvements herein after referred to as the required improvements. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. Upon completion of said improvements, the developer shall tender its performance security (Letter of Credit/Surety Bond), in the amount of 'f,~ which amount represents 10% of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. JUL '2 ' i997 Io be reviewed and approved by the Development Services Director ~l~mpliance with the Collier County Land Development Code.' The Development Services Director shall, within sixty (60) days ot' receipt of' the statement ot' substantial completion, either: a) notify the Developer in wrltJn"~of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, Iherewith specifying those conditions which the Developer must fi,lfill in order to obtain the Director's approval of' the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvemenls if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. ~, The Developer shall maintain all re~Jred improvements for a minimum period of one ),ear after preliminary approval by I~e Development Services Director~ll~t~er the one year maintenance period by the Dexeloper has terminated, the Develop'shall petition the Development Services Director to inspect the required improvements. The Development Sen, ices Director or his designee shall inspect the improvements and, if £ound to be still in compliance with the Collier County Land Development Code as reflected by final approval by ~l]e Board, the Board shall release the 1~4 subdivisions perf0~nce security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility I'or Ihe County. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call~{~pon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the fight to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement an~elpt of acceptance o(' bids, the improvements required herein. ,The Developer, aS~rinclpal under the subdivision performance security, shall be liable to pay and to indemnify lhe Board, upon completion of such construction, lhe final total cost to the Board ther~t, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which lhe Board may sustain on account of the I'ailure of Ibc Developer to fulfill all of the provisions ofthis Agreement. All of th~' terms, covenants and conditions herein contained are and shall be binding upon ll~e Developer and the respective successors and assigns of the Deveh UL 2 9 1997 IN WITNESS WHEREOF, the Board and the Developer have eau. executed by their duly authorized representatives this ~ day ot'%~_~. Signed, Sealed tnd Delivered in the presence of.' . BRENTWOOD DEVELOPI~. By:_~/ .,'~/"~ . . Adhur Shaft'an, 16/1 Agreement to be I¢iGROUP INC. ,. A'ILrEST: · Dwigtl. t E, Bi'oc.k, Clerk · . ': 'Al~proV~'~s to form and legal sufficiency: Collier County Attorney BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA By:~~~~~--~_~ ... ,. Timothy L.zfftancock, C~ 0 CJ .1 6A CONSTRUCTION AND MAINTENANCE AGREEI~, OF SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT 16A 5 THIS CONSTRUCTION A~ MAINTE~ANC£ SUBDIVISION IMPROVEMENTS PRIOR TO ~CO~O OF PLAT d ' into tM~ ~ ayof ~ ~~~ ~ u~.~c. hereina~~ ~o " ' " , ~---~ -~ ......... ~ ~ D~elo~r ~d the Bo~d of Coun~ Com~smon~ of Colli~ Count, ~oHd~ here~er refe~ to ~ "~e Bo~d". I Developer has, simultaneously with the delivery ofthis A for the approval by the Board of a certain plat ofsubdlvision to be known 2 Division 3.2 Of the Collier County Land Development Code a~ the Developer to on.stm, .ct the improvements required by said sulxlivislon regulation~dor to recordine the na~ plat, THeReFORE, m consideration of' the f'oregolng premises and mutu~eovenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follow~! I Developer w~ll cause to be constructed: Water, sewer, drainage, a~s~r buffer and lightin8 infrastructure serving ~ within J6 months from ih~ date of approval of said subdivision plat, said improvements herein aRer as the required improvements. Developer herewith agrees to construct ~d improvements recording said subdivision plat and the Board of County Commissioners shall the plat for recording until said improvements have been completed. Upon comp]etlon of said improvements, the developer shall tender secudty (Letter of Credit/Surety Bond), in the amount of ~ which amount represents 10% of the total contract cost to complete constructioniLUpon receipt of said ~ubdi~s!.on p..erfo .rm~ security by the.Development Services Di~ the Developer may _r_eq~ue~ t. ne u,.o~a ot ¢county .Co~m~..sm.oner~ to approve the subdiv~En plat £or recording a~o grant pre,mmary approval otsaicl plat. The required improvements shall not be considered complete until of substantial completion by Developer's engineer along with the final project record~have been furnished to be reviewed and approved by the Development Services D~rector f6t comphance with the Collier County Land Development Code. 6 to be revie~ved and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director shall, within sixty (60) days of receipt ol'tbe statement of substantial completion, either: a) notify the Developer in ~vfiting of his preliminary approval of the improvements', or b) notify the DeveJoper in ~vfiting of his refusal to approve improvements, Iherewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of'lbo improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of Ibis Agreement. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by Ibc Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect lbo improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the I~ subdivisions performance securilv The Developer's responsibility for maintenance of the required improvements shall c~ntinue unless or until the Board accepts maintenance responsibility for Ihe County. In the event the Developer shall fail or neglect to fulfi[! its obligations under this Agreement. upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance o1' the required improvements. Th~ Board shall have the right to construct and maintain, or cause lo be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board. upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of Ibc failure of ibc Developer to fulfill all oflhe provisions ofthis Agreement. ~ i .i All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WI-IE~OF, the Botrd and the Developer have caused tl~s Agreement to be executed by thdr duly authorL~d representatives tl~$__ day of' __~ 19__. Signed, Sealed and Delivered the presence o~ BRENTWOOD DEVELOPMENT GROUP, INC. A'ITtTEsT: Arthur Shafran, President BOARD OF COUNTY CO NERS Collier County Attorney 16,A , 5 16A CONSTRUCTION AND MAINTENANCE AGREEM OF SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT 16A 6 THIS CONSTRUCTION AN MAINTENANCE AGRE] for SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT into this day of '. // 19_:iz%etween EFEL R P -'-'-- hereinafter referred to as "Develoi~er" and the Board of County Commissioners of Collier County, Florida, h,,~'einafter referred to as "The Board". I Developer has, simultaneously with the delivery ofthis Agreemen~iied for the approval by the Board of a certain plat ofsubdivision to be known as: 2 Division 3.2 Of the Collier County Land Development Cod, the Developer to construct the improvements required by said subdivision final plat. to recording the NOW, THEREFORE, in consideration of the foregoing premises and hereinafter set forth, Developer and the Board do hereby covenant and agree as I Developer will cause to be constructed: Water, sewer, drainage, buffer and lighting infrastructure serving ~ within Jg months date of approval of said subdivision plat, said improvements herein after improvements. ! o as the required Developer herewith agrees to construct said improvements ~"io recording Said subdivision plat and the Board of County Commissioners shall ~)i~:approve the plat for recording until said improvements have been completed. ~ i.:,! I' Upon completion of said improvements, the developer shall tend~ ~'formance security (Letter of Credit/Surety Bond), in the amount of ~ La which amount repre.~n, ts 10% of the total contract cost to complete constructiozL:~Upon recei t of sa~ subdw~sJ.on performance security by the Development Services Di~' .~-- r,_._,P d -..-~;, *-~ ~,,~-s~oper may request the tsoard of County Commissioners to approve the subdzv~lSibn Iflat for recor ' and grant preliminary approval ofsald plat. - drag The required improvements shall not be considered complete until ~r~ement of substantial completion by Developer's engineer along with the final project *~ ~ reco~l~ have been fi~rnished to be reviewed and approved by the Development Services Director i with the Collier County Land Development Code. 6 to bc reviewed and approved by the Development Services Direc' Collier County Land Development Code. The Development Services Director shall, within sixty (50) days ol. substantial completion, either: a) noti$, the Developer in ~ o£ his preliminary approval oF the improvements; or b) notifit the Developer in ~!~g oF his refusal to approve improvements, therewith specifying those conditions wht~:ll~!the Developer must Fulfill in order to obtain the Director's approval oF the improvemen~owever, in no event shall thc Development Services Director refuse preliminary approVa~Ol'the improvements il' they are i,n, Fact constructed and submitted For approval in accordan~Vith Ihe reauirements ol'this Agreement. /~ -- 7'he Developer shall maintain all required improvements for a mlnl~ll~r period ol' one year' arter preliminary approval by the Development Services Direct~i~Afler the one ~ar maintenance period by the Developer has terminated, the Dev~ shall petition the Development ger.'ices Director to inspect the required improvem'~S. The Development Services Director or his designee shall inspect the improvements an~l~Fl'ound to be still in compliance with the Collier County Land Development Code as re~'~ed by final approval h.~ the Board, the lloard shall release the I~/o subdivisions per~O~nanee securilv The Developer's res onsibilit, l'or ' ' unless or u~til ,'~P; B'oard ~cceptn~;;[~:;:;c:~h,,:n:;~li:::r,e, cle~:n,~r_°~A;~me, nts shall continue '1' · ~,,',UI) IU/ llle~ty. In thc event the Developer shall Fail or neglect to Fulfill its ohli~ation~,r this A~reement. upon certification oF such Failure, the County Administrator may ~pon the subdivision performance security to secure ~tisfactory completion, repair a~'~d~aintenance oF the required improvements. The Board shall have Ihe right to conslru~d maintain, or cause lo be constructed or maintained, pursuant lo public advertisement a~eipt of'acceptance of bids, the improvements required herein. The Developer, '~[~l~rinclpal under the subdivision performance security, shall be liable Io pay and !o ind~Fy the Board. upon completion of such construction, the final total cost to the Board thor, includine, but not limited to, engineering, legal and contingent costs, togelher wilh either direct or consequential, which the Board may sustain on account of'the lull'ill all oFIhe provisions of'this Agreement. All oF the terms, covenants and conditions herein contained are Ihe Developer and the respective successors and assigns of'the 16A 6 with the ~t of Ibc statement Developer to be binding upon 1 6 A b IN WITNESS WHEREOF, the Board and the Developer have caused t~s Agreement to be executed by their duly authorized representatives this ~ day o~.,~ 19~. S~gned, Se~ed and Delivered in the presence of: /.' ~wigfft' E.' B~'ock~"Clerk BRENTWOOD DEVELOPMENT GROUP, INC. Arthur Shafran, President BOARD OF COUNT~ COMMISSIONERS OF COLLIER COUNTY', FLORIDA -,....,...:...~/~ ~ : ,.../ . Timothy~Fla~cock, Chairman :' r ApProved '~ tO '~orm nnd legal sufficiency: David C. Weigel Collier County Attorney 3 0 U 0 0 0 .t ' V� VR6f� 16 A6 THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this o?P i day of , 19 9, between Avila Limited Partnership hereinafter referred to as "developer,' d e Board of County Commissioners of Collier County,Florida,hereinafter referred to as the"Board." RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as Avila Unit 6. B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth,Developer and the Board do hereby covenant and agree as follows. 1. Developer will cause to be constructed: Roadway, drainage, water and sewer improvements. Within 3 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security(attached hereto as Exhibit"A" and by reference made a part hereof) in the amount of$155,938.64 which amount represents 10%of the total contract cost to complete construction plus 100%of the estimate cost of to complete the required improvements at the date of this agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County,may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall,within sixty(60)days of receipt of the statement of substantial completion, either: a)notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements,therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and , if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10%of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 16A6 ' 7. Six(6)months after the execution of this Agreement and once within every six(0) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. `..- . 8. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion,repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer,as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board,upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs,together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms,covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have car'te'l this Agreement to be executed by their duty authorized representatives this p'7 17 , e' day of _ SIGNED,SEALED,AND DELIVERED IN THE PRESENCE OF AVILA LIMITED PARTNERSHIP _ _ _ �_ Avila Limited Partnership,a Florida Limited • ess signature Partnership �Ja.v--,- . E -- 1/4.-N.Q--\ By BDG-Avila at Grey Oaks,Inc.a Florida 'tness printed name Corporation,its general partner Hess signature t 11 1--- vV( ' By Arthur A. Shafran,its president Witness printed name 1'TTEST: BOARD OF COUNTY DWIGHT E.BROCK, COMMISSIONERS OF COLLIER OUNTY,FLORIDA ,PU'iplicez....4,44_no....„,. ERK Cho, Or ''. / • -_ '' '-'7C,,,,4 APPROVED A"TO FORM AND LEGAL SUFFICENCY: OA 4-I AI �- 6f-1)av i d C.Weigel,COUNTY ATTORNEY Attest as to Cha$glean's signature only. CONSTRUCTION AND MAINTENANCE AGREEN, OF SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AN MAINTENANCE SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT, · · - nerematter ref~'retl to as "Develo' er" and th ~'-'..'~--'..-"--"~' - -~... "- i/v ' Florida, '/ P e Board of County Comm~ssloner~ of L;ollier County, herefnaf~er referred to as "The Board". I Developer has, simultaneously with the delivery ofthis ~ for the approval by the Board ora certain plat of subdivision to be known as: ~. 2 Division 3.2 Of the Collier County Land Development Code aJ~: the Developer to construct the improvements required by said subdivision regular/on, ri ior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mut~ ovenants hereinaRer set forth, Developer and the Board do hereby covenant and agree as follow~ Developer wall cause to be constructed: Water, sewer, drainage, ac~l~ uH'er and lighting infrastructure serving ~ within 3g months from~h~date of approval of said subdivision plat, said improvements herein aRer referred i as the required improvements. Developer herewith agrees to construct t~d improvements ~o recording said subdivision plat and the Board of County Comn~ssloners shall nc~' pprove the plat for recording until said improvements have been completed, i~ g Upon completion of said improvements, the developer shall tender rmance security (Letter of Credit/Surety Bond), in the amount of ~ ~ which amount represents 10% of the total contract cost to complete construction 'U'~on receipt of said subdivision performance security by the Development Services Dirt~ the Developer may request the Board of Coun Co ty mn~ssioners to approve the subdi~o~ plat for recording and grant prelin~nary approval ofsald plat. The required improvements shall not be considered complete until merit of substantlal completion by Developer's engineer along with the final project recor~s]~ave been fl~rnished to be reviewed and approved by the Development Services Director £~ or~0mpllance with the CoUier County Land Development Code. 6 to be reviewed and approved by the Development Services Collier County Land Dev¢lopmen! Code. The Development Services Director shall, within sixty (60) days ol oFthe statement of substantial completion, either: a) notify the Developer in writer',of his preliminary approval o1' the improvements; or b) notify the Developer in wr~|~l~ of his refusal to approve improvements, therewith specifying those conditions whlc~i"ihe Developer must t'ulfill in order to obtain the Director's approvaJ oFthe improvements~0wever, in no event shall lhe Development Services Director refuse preliminary approvaf~l'}he improvements if they are in fact constructed and submitted For approval in accordanc~th the requirements of this Agreement. T,,he Devc.!opcr shall maintain all required improvements Fora mini~eriod of one year aner prchminary approval by the Development Services Directo~fler Ibe one year maintenance period by the Developer has terminated, Ihe Devel~ shall petition Ibe Development gcrv~ces Director to inspect the required improveme~t~Tbe Development Services Director or his designee shall inspect the improvements and~ff£ound to be still in compliance with the Collier County Land Dcvel~pment Code as refl~d by final approval by fi~e B~.ard, the Board shall release the 1~ subdw~smns pert'c~rn~nce securh~ The Devek)pcrs responsibility for maintenance o~' the required ~mprov~l~nts shall continue unless or until the Board accepts maintenance responsibility for the In the event the I)eveloper shall t'ail or neglect to Fulfill its oblil t,pon certification of' such Failure, the County Administrator may cai performance security to secure satisfactory completion, repair required improvements. The Board shall have the right to construct to be constructed or maintained, pursuant to public advertisement of bids, the improvements required herein. The Developer, subdMsion performance security, shall be liable to pay and to indei completion of such construction, the final total cost to the Board limited to, engineering, legal and contingent costs, together with or consequential, which the Board may sustain on account of'the fulfill all of the provisions of this Agreement. All o~' the terms, covenants and conditions herein contained are ant the Developer and the respective successors and assigns oFthe 16,4 7 with the r this Agreement, the subdivision of the maintain, or cause ot' acceptance under the the Board, upon including, but not either direct t'tbe Developer to be binding upon IN WITNESS WHEREOF, the Board ~nd the Developer have executed by their duly authorized representatives this ~ 16A Agreement to be $,gned, Sealed and Delivered in the presence or.' ' ~"' ATTEST:'~ ' " Dwight E. Brock, Clerk Approved as'to form and legal sufficiency: David C. Weigei Collier County Attorney BRENTWOOD i GROUP, INC. Arthur Shaft-an, President BOARD OF COUN'FY ~ OF COLLIER COUNTY, FLORIDA By:~ Timothy L~a,'i~o~k, (~ h~'~-~"-' × 0 .16A 7 16~ ? Date: To: From: Re: July 30, 1997 Ed Kant, Transportation Serives Sue Barbiretti, Minutes & Records Item #16B1, BCC meeting date: 7/29/97 Please find attached, for your use, the original Application for Environmental Resource Permit/Au~ to use State owned Submerged Lands/Federal Dredg~nd Fill Permit that was approved by the Board of County C'0~issioners at the meeting of July 29, 1997. !~ If you have any questions, call me at 774-8406. Thanks, JOINT APPLICATION FOR ENVIRONMENTAL RESOURCE PER ~ STATE OWNED SUBMERGED LAN "~? FEDERAL DREDGE AND FILL PER~I FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION/ WATER MANAGEMENT DISTRICTS/ U.S. ARMY CORPS OF ENGINEERS INSTRUCTIONS FOR JOINT APPLICA~ON FOR ENVIRONMENTAL RE~RCE PE~MITI AUTHORI~TION TO USE STA~ OWNED SUBMERGED ~NDSIFEDE~L DREDGE AND FILL PERMIT ~~ INTRODUCTION iii~and Attached is a ioint application for:, i 1) activities regulated under Part IV of Chapter 373, F.S.; 2) activities which require authorization to use state owned submerged I 3) ac:lwties which require a federal dredge and fill permit. Certain activities may qualify for an exemption, If an acttv~ qualifies for an e'xernptton, an application is not required, although the use of this application form is the r'no~ ~xpeditfous way for the agencies to make the determination that the activity qualities for an ~xempaon, Attachment 2 lists various regulated activities and the type of' permit required fot','eac,,~t activity. I~' you have any questions, please contact the staff of the nearest office of ettller~e Florida Department ol' Environmental Protection (DEP) or a Water Management Dis~Ct'0NMD). PROCESSING AGENCY/DISTRiCT SERVICE CENTERS 8 The Department of Environmental Protection ("Department" or 'DEP') regula~'~ome'~"'~=~ types of actlvdies, and the Water Management Districts ('NVMDs") regulate others Attachment I. DEPNVMD Permitting Responsibilities. specifies whmch actwities are regulated b~t'eacn agent'/ Environmental Resource Permit Applications shall be made to the appropdat~ Dfstnc*J Department ob'ice serving the area in which the activity is proposed. All'achm'~n[4 clesignates the appropriate agency office for each geographic area. . ~: COPIES/APPLICATION FEES ~ Submit an original signed application form plus four copies of the form. and f~ve COmplete sets of all the requested drawings and other information to the appropriate DEP o~,W~ D office. Submit the appropriate fee with your application. Application fees are listed i~chment 3. DISTRIBUTION TO THE U.S. ARMY CORPS OF ENGINEERS ~/! When activities are proposed in, on or over wetlands or other surface waters.~Z~ ~ (Sec:ion A and Section C. with the associated drawings) will be for%'arded to the Army Corps of Engineers (ACOE) by the reviewing agency. The ACOE will a~:lvi~e you of any additional information that may be required to complete your federal dredge arid fill permit applicat on, It is not necessary or the appl cant to submit a separate app ~cation~ the ACOE. The information requested in this application form may be more than required ~0 ~ake a complete application to the ACOE. However. it is useful and may be essential['fof[~subse~3uent evaluation. Reducing unnecessary paperwork and delays is a co.ntinuing goa~e ACOE. DISTRIBUTION TO THE DEP FOR STATE LAND APPROVAL If the applicant checks the box to request authorization to use sovereign sub~erged~m'"~ lands, the Department will begin processing the request for sovereign submerged lands ~pproval. Additionally. if at any time dudng the processing of the application, it appears that~the proposed activities may take place on sovereign submerged lands, the Department will ir~iti~te a review for the authcr~,"ation to use such lands. For an explanation of sovereign submerged lands approval see Attachment 5. ~[f, NOTE: The information listed in Sections B. D. E. and F of this application pac~e is not intended to be all-inclusive. Additional information may be requested by the lency m order to complete your application. ~ 'FABLE OF CONTENTS FO R ERP APPLICATION FORM PACKA¢ HE.,\DING: Sectiun .4. SUBIECT: Basic application form Sect-ion B Section C Section D · Section E Tabte 1 Table 2 Table 3 Table 4 Tables Section F Section G hfformatlon for noticed general environmental r~ permits Notice of receipt of application Information required for s~andard general and i envDonmental resource permit applications relat~,a~ single family dwe~ing unit :,;~ hffom~nt'ion requested for stand~d general, indi~i and concept=al envDonmental resource pemdt applic~'i~n$ not rela ted to a single family dwelling unit Project impact On-site n6iigation Oft-site n~[igation summ~y Docking facility Shoreline stabi[izalion sunUu~y Information for mitlga[lon banks Application for attthodzation to use sovereign $u ed lands Attachment Attachment Attachn(ent DEl' and WMD permittlng responsibilities S umm,'u'y of activities typically authorized by Permit application processing fees type Attachmem 4 Mailing instructions for submitting ERP apl; map showing the DEP district boumlaries and DEP, with Attach,neat 5 Proprietary verses regulatoq,' authorization Attachment 6 Where permit :q,Flications are processed within {divisim~/distrlct split} 161~ 1 OBJ', SECTION A FOR AGENCY I./$~ ONLY PART1: .~' ~ Areany of the activities described in this aoplication prOl~OSed to oc.~r in, on, or ~-e~we[land$ or other sudac~ waters? ~ Yes 0 No ~ Is this application being ~led by or on behalf of a govemmem en~ or drainage dis~ct? ~ Yes O NO A. Type of Environmental Resource Permit Requested (check at least one). See ant 2 for thresholds and descriptIons. ~ N,~tJced General - include information requested in SecUon 8. 0 Standard Genera[ (Singre Farn,y Owe,ing) - inc~uCe ~n~:~fl requested ;n~ons C a Standard General (all other Standard General ~rojects). include Sec:ions C and E. Q IndiwCual (Single Family Dwelling) -include info,aliGn requested in Sec~onsC and ~ Indiwdual (all o[~er Individual orojects) - include mformadcn recues[ed Q Conceotual - incJuda information requested in Sections C and ~ Q Mitigmion B~nk Pa~it (c=nsm~cbon) - include info~dcn re~uest~ in Secdo~C~and F. ( If ~he ~ro¢osed mitigation ~ank revolves ~e ccnst~cdon ct a system reouinng another pe~it de,ned above, check the appmonate box information requested by t~e ac¢licable section.) Q Mitigation Bank (conceptual) - include info~a~on requested in B. Type of activi~ for wnic~ you are ac=lying (check at least cna) Q Ccns:¢Jc:ion cr oceradon cf a new system, c~ar than a solid waste fac!li~, inc,~ dr~cc:ng or ~lling m. on or over we~an~s and other sufiaca wGta~. a Cons:~c:ian. ex,ans;an~' or modi~don ~[ a solid waste tamlib/. a Alter~cn or cce~don of an exisdng system which was nat pre~ous~ pe~i~e~ O Moci~csoon of a system previously oe~i~ed ~ a '~O or OEP. Provide prev~ ~t hUm:ers. ~ Alteration of a system O Extension of pe~it ~u~uon O A~an~onment o(a s stem ~ C~ns~c~on of additional phases o¢a ~stem Q Removal C. Are you recues[zng aumon=a~n to use Sovereign Suome~ Lan~s. ~Yes (Sea Sec:iCh G an~ Attachment 5 far more info~a~en he,re an~enng O. For activities in. onor over wetlands o¢ o~er suvaco ~te~. che~ ~e o~ f~em~d~e an~ fill Derail reQu_s~ed:'" Q In~iwdual ~ Prcgrammadc General C General ~ Nationwide Q No~A~pl~le E. Are you c~mmmg :o quali~ for an exemption? ~ Yes E No ff yes. =rowee ate number ff known. Page 1 of 5 PART 3: x. OWNER¢$1 OF LANO Board of County Coe~nissioners Collier County Goverr~ent 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8494 C, AGE.~ AUTHOR~) TO SECURE PF.J~ltr David F. Bobanick Interim Transportation Director 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8494 ~. ENTITY 1'0 REC-~V~ P~'RI~'T~ TNaN O~ER1 A. Name of projec,, including phase if applicable:~ B. Is this application fo? part of a multi-phase project? I~ Yes C. Total applicant-owned area contiguous t~ ~e project: ~ ac.: ~ ha. D; · Total area served by the system: _ ac.; ---- ha. ;~I~.h;Mia E.' Impervious area for which a permff is sought: ~ ac.;. . G. V~at is the to,al ama of work in. on. or over wetlands or other surface waters? 0.1612 ac.: 0.0652 ". To~al vo,~,.e o, .,.~.~-I ~o b. ~.dged: _______. ,d~. I. Number of new boat slips proposed: wet slips: Page 2 of 5 PART 5: Project location (use additional sheets, ii' needed): County(ica) ___Collier Section(s) ]7 Section(s), Section(s) Land Grant name, it' applicable Tax Parcel Identification Number 16B ,Townshi0 ~ Range ~ _Township Range ~'~ ,Township Range Street address, road. or other location City, Zip Code il' applicable Naples, Collie~ Count. y, Fr. 34110 The scope of work rimaril involves re air of five out of ~he~fort existing piles, and does not include any new construction or modification of e×ist~n_.qLshoreline. Current brid e characterist cs r 1 · ove .__.~, run-off, hydraulics and channel profile should not be effected. w . Pilin~- removal of deteriorated area___..._._~_~ of concret~ steel. Installation of a x water). Page ~ ~(t~r~ ~sv~ be~ 8~y pre-appli~tion mee~ngs, including on-site mee~flgs. ~ mgu~ato~ sra~. p~ase list the date(s), ~fion(s), and names of key staff and ~mj~ Please identi~y by number any MSSWNVe~Iand resourcelERPIACOE Permits pending, ~Ssued or Agency Date No.~.Type of Application Action Taken C. ' Th t' II in int' rm ' ' r i f ' n f r r I ' r d ' r In Please provide the names, addresses and zip codes of property owners whose property directly adjoins the project (excluding applicant) and/or (for proprietary authorizations) is located within a 500 ff. radius ot~ the appficant's land. Please attaci'l a plan view showin, g the owner's~names and adjoining property lines. Attach additional sheets if necessary. 7. Page 4 of $ A. By signing this a0Dlication form. I am a0DIying, or I am applying on behal e apolicanL for the ~ermit and any ~ro~rietary authorizations identified above, according ~o the suDO0~ing data and other incidental information filed with this a~flcadon. I am familiar with the informafio~ contained in this a~lication and re~resent that such information is true, comolete and accu~ate~ l~nderstand tins is an a~plicauon and not a ~etmit, and that work prior to a~roval is a violation. I u~nd~stand that :his a~¢ication and any ~ermit issued o~ ~ro~rieta~ authorization issued pursuant ~he~eto, does not relieve me of any obligation for obtaining any other required federal, state, water management dis=ncr or local permit prior to commencement of construction. I agree, or I agree on behal~ o~thl a~llcant. ~o o~erate and maintain the ~ermitted system unless the ~ermi~tng agency authorizes t~a~sfer of the ~ermit to a responsible o~eration entity. I understand that knowingly making any ~alse statement or representation in this a~plication is a violation of Section 373.430, F.S. and 18 U.S.C. Secudn 1001. Signature of A~plican~/Agent Interim Transportation Director ICorporate Title if applicable) i'1 AN AGENT MAY SIGN ABOVE -Q. NI,-Y. IF THE APPLICANT COMPLETES THE FOLLOWING: a. I hereby designate and authorize the agent listed above to act on my behalf ~ on behalf of my corporation, as the agent in the processing of this applicat on for the Detroit an~/O! proprietary ' authorization indicated above: and to furnish, on raouest, supplemental informatl0~ in suppo~ of the application. In addition, I authorize the above-listec agent to bind me, ormy corporation, to ~erform any requirement which may be necessaw to ~tocure the ~ermit or authorizado~indicated above· I ;;?;;,aTJ~[ knowingly making any false statement or te,resentation in this~a~licat,o~ is ay clarion Chai~ Ti~. ,~ {Corporate Tide if a~plicable) PERSON AUTHORIZING ACCESS TO THE PROPER~ MUST COMPL~E THE LOWING C. I either own the prope~y described in Ihis a~plication or I have legal autho~ allow access to the property, and I consent, after receiving ~rior notification, to any site visit o~th'~ pro~e~y by agents or personnel from ~he Department of Environmental Protection, the Water Management District and the U.S. Army Corps o~ Engineers necessa~ for the review and inspection of the proposed ~roiect specified in this a~plication. I aulhorize these agents or ~ersonnel to enter the ~ro~e~ a~many timesas may be necessary to ma~e such review and inspection. Fu~he¢, I agre~o ~rovide ent--~to~he to'i f ~,-~: .. ~c~... -- ~/~/~~'- t ' - -~/~/c~ TM TypeC '~n[~'d Name · ¢ ]' ". (Corporate .Tide if apCticabf~..~.' ~ . A roy'''~- t f ~ Pp ~o orm & ] I s~f'~:iency Page 5 of 5 ~ 16B 1 / -SECTION TOWNSHIP 48 RANGE 25+ ._.-. ~ ..o~c~ u~s '- ~' t" t(~0 0 IOC:O SCALE 1;24000 USGS I~IAP BiG HORSE PASS BRIDGE 27o.4~ PROPOSED ~ WORK SITE COCOHA TCHEE PROPOSED TURSIDIT~' 8~RRIER---4~ SEE NOTE 2 6B SECTIO¥ 17 TOWNSHIP 48 RANGE 25 0 ~00 200 300 ~00 SCALE I. RILING - REI~OVAL OF DETERIORATED AREAS OF CONCRETE AND REINFORCING STEEL LOCATED IN THE '~PI..ASH ZONE' NEAR THE WATER LINE. INSTALLATION OF FIVE STRUCTURAL JACKETS ARE NEEDED WiTH APPROX/¥ATEL~ 6 iNCH THICK REINFORCED CONCRETE. THE LENGTH OF EACH ,JACKET CONSIST5 OF TWO FEET 8ELON MEAN ~ WATER TO EIGHT FEET ABOVE UEAN LOW WATER FOR A TOTAL lENGTH OF TEN FEET. Z. TURBIDITY BARRIERS TO 8E INSTALLED TO FULLY SURROUND EACH LOCAL SITE OF REPAIRS. R£1~O~ED AS #ECESSAfll'. $.WORK 5ITE IS LIMITED TO THE II, I~EDIATE VICINITY OF THE BRIDC, E. BARGE AND EOUIPMENT O'~AC~ WILL BE IN WITH U$CG REGULATIONS. 4. CURRENT BRIDGE CHARACTERISTICS RELATED TO OVERALl GEOMETRY. RUN-OFF, EXISTING UTILI~I'ffDRAULICS. AND CHANNEL PROFILE WiLL NOT BE AFFECTED. THERE WILL 8E NO MODIFICATION OF EXISTING SHORELINEo ~ 5. FOR LOCATION MAP. SEE FIGURE I. FOR 8RIDGE PLAN ANO ELEVATION, SEE FIGURE 2. 6. ESTIMATED LENGTH OF CONSTRUCTION - I MONTH ESTIMATED 5TART OF CONSTRUCTION - SEPTEk/BER 19cj7 7. WORK PROPOSED FOR NOTICED GENERAL PERMIT (SECT/ON 62-S41.447 F.A.CJ SITE PLAN BIG HORSE PASS BRIDGE BENT BENT BENT ? BENT BENT BENT 4 BENT BENT 2 BENT I I o® 1 BIG PLAN HORSE PASS BRIDGE REPAIR~ Figure 1 6B:.. 1 TYPICAL SECTION BIG HORSE PASS BRIDGE PILE ~7 BAR' COIVCRETE F IL~ PRES T R,~ CONCRETE PILE OF STRUCTURAL JACKet BOTTOM ~ 'WOOD ~' THICK STRUCTURAL FORM TO BE REMOVED WATER (MLWI= -0~5° REIItFORClftC. STEEL WOOD RII~ COMPRESS IBLE MA TERIAL TI? T RA P A T 61] 1 ~-STEEL B4.~D TO BE T Nil T ' TA . ~ ~-~, * THICK STRUCTURAL ~ I / FIBERGLASS FORM T/ES---H ~Ill ..C.&m._LLL. ? U I (~rP.) ~PERIMETER OF S~ND CO~R~T~ T~ JACKET TO BE INSTALLED ON PILES 2-4. 4-2, 6-1.7-2. AND 9-3 EST/MATED LENGTH I0 FEET EACH~~ SEE FIGURE J FOR PI~ L~ATIO~. PiLE JACKETS BIG HORSE PASS BRIDGE REPAIR Klsln~er Campo and A~i=tes CorP. I Date: July 30, 1997 To: Lois Nichols, Real Property From: Sue Barbiretti, Minutes & Records Re: Item #16B5, BCC meeting date: 7/29/97 Please find attached the original Statutory Deed that was approved by the Board of County Commissioners at the meeting of July 29, 1997. This document must be recorded in the Official Records. Please have the original document returned to this office after it has been recorded. If you have any questions, call me at 774-8406. Thanks, Project: Quail Creek Parcel: Outlot "B" 168 5 STATUTORY DEED THIS STATUTORY DEED, made this ~a day of ._~/~ , 19~'?, by COLLIER COUNTY, a political subdivision of the State of (15~reina~/er~atle~ the Grantor), to QUAIL CREEK PROPERTY OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation (hereinafter called the Grantee). (Wherever used herein the lerms "Granlor' and Grantee" include all the parties to Ihis instrument and Ihe heirs, legal representatives, successors, and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by Ihe Granlee, receipt whereof is hereby acknowledged, has granled, bargained and sold to the Grantee, its heirs and assigns forever, the following described land lying and being in Collier County, Florida, to wit: All of Outlot "B' of Quail Creek Unit Two, except the South 60 feet thereof and the East 55 feet thereof, according to the plat thereof, as recorded in Plat Book 13, Pages 74 through 77, inclusive, of the Public Records of Collier County, Florida, Subject to easements, restrictions, and reservations of record. Grantor herein retains for itself, it's successors and assigns, a perpetual, exclusive easement, license, and privilege for utility a, nd maintenance purposes, on the following described lands located In Collier County, Florida, to wit: , See attached Exhibit 'A" which ts Incorporated herein by reference. IN WITNESS WHEREOF the Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of the Board the day and year first above written. ATTEST:" Dwight'E. Brock' ClerP, of Circuit C6t~rts p, ut~,Clerk .'.:';. ~ , ..: . .."., BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Timothy L.~yo~'. (~hair~an' :- `3301 ~ EXHIBII' "A" 16B EAST TAMIAMI TRAIL NAPLES, FLORIDA .34112 (94.1) 774-8192 5 PROJECT NO PROJECT PARCEL NO. TAX PARCEL NO._ .SKETCH OF LEGAL DESCRIPTION NOT A SURVEY COh~VIENCING AT TIlE NORTHEAST CORNER OF TP. ACT "G" OF THE PLAT TI~REOF ' LONGSHOR~ LAY~ES UNIT TWO A~ RECOEDED IN PLAT BOOK I 5, PAGES 97-~9 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID POINT OF CO~'dV[ENCEJ~4ENT ALSO BEING THE sOLrTI-IEAST CORNER OF SECTION 17 TOWNSHIP 48 SOUTH PJ~NGE 26 EAST; THENCE SOUTH 89 DEGPJ~ES 04 MINUTES 09 SECONDS · WEST ALONG THE SOUTH LINE OF SAID SECTION 17, A DISTANCE OF 97.0~ FEET TO THE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 240.00 FEET. A CENTRAL ANGLE OF 57 DEGEEES 06 MINUTES 46 SECONDS. AND A CHORD OF 229.45 FEET BEAPJNG NORTH 85 DEGREES 55 MINUTES 54 SECONDS WEST; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 239.23 FEET; THENCE SOUTH 89 DEGPJ~ES 04 MINUTES 09 SECONDS WEST, A DISTANCE OF 31.64 FEET; THENCE NORTH 20 DEGREES 00 MINUTES 59 SECONDS WEST, A DISTANCE OF 84.66 FEET TO THE SOUTH RIGHT OF WAY LINE OF POND APPLE DRIVE A~ DEPICTED ON THE PLAT THEREOF QUAIL CREEK UNIT TWO AS RECORDED IN PLAT BOOK 13 PAGES 74.77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, . FLORIDA AND THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO TIlE NORTH, HAVING A RADIUS OF 5~0.00 FEET. A CENTRAL ANGLE OF 2 DEGREES 17 MINUTES 33 SECONDS. AND A CHORD OF 20.00 FEET BEARING SOUTI! 68 DEGREES 50 MINUTES 15 SECONDS WEST; THENCE WEST ALONG SAID RIGHT OF WAY LINE AND SAID CURVE, A DISTANCE OF 20.01 FEET; THENCE LEAVING SAID RIGIFF OF WAY LINE OF POND APPLE DRIVE SOUTH 20 DEGREES 00 MINUTES 59 SECONDS EAST, A DISTANCE OF 93.$0 FEET; THENCE NORTH 89 DEGREES 04 MINUTES 09 SECONDS EAST, A DISTANCE OF 28.14 FEET TO THE NORTH RIGHT OF WAY LINE OF LONGSHORE WAY NORTH AND THE POINT OF CURVATURE OF A NON-TANGENT CURVE. CONCAVE TO THE NORTHWEST. HAVING A RADIUS OF 420.00 FEET, A CENTRAL ANGLE OF 0 DEGREES 29 MINUTES 03 SECONDS, AND A CHORD OF 3.55 FEET BEARING NORTH 60 DEGREES 35 MINUTES 04 SECONDS EAST; THENCE NORTHEAST ALONG SAID CURVE, A DISTANCE OF 3.55 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TOTHE SOOTH, HAVING A RADIUS OF 230.00 FEET. A CENTRAL ANGLE OF 58 DEGREES 19 MINUTES 06 SECONDS, AND A CHORD OF 224.13 FEET BEARING NORTH 89 DEGREES 30 MINLrFES 02 SECONDS EAST; THENCE EAST ALONG SAID NORTH RIGHT OF WAY L. INE OF LONGSHORE WAY NORTH AND SAID CURVE. A DISTANCE OF 234. I ! FEET; THENCE NORTH 89 DEGREES 04 MINUTES 09 SECONDS EAST ALONG THE NORTH LINE OF AFORESAID TRACT "G" , A DISTANCE OF 19.08 FEET TO THE POINT OF BEGINNINGi SAID DESCRIBED 1I~,ACT CONTAINING 0, 110 ACRE (4,809 SQUARH FEET). MORE OR LESS. BASIS OF BEARINGs IS THE SoLrrH LINE OF SECTION 17 BEING SOUTH 89 DEGREES 04 MINLrI~S 09 SECONDS WEST. PARCEL QUAIL 2 PROFESSIONAL I.~NO SURVEYOR 12406 '.l'm ['' i OFFICE OF CAPITAL PROJECTS ~:;. COLLIER COUN'P~' COVERNMENT COMPI'E'x' ~; , /' f~£ No~ 1 12 SHEET OFFICE OF CAPITAL PROJECT$~!1 3501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 2 (941) 774-8192 Curve number ! Radius = 239,00' A = 60'19'40' Arc: = 242,]7' Chord = 231,]4' Chord Brg, N,3r10'29'~,/. Curve number 2 Radius = 230,00' A = 5B.i~),0G, Arc = 234.11' Chord = 224.13' Chord Brg, N,89'30'O2'E, Curve number 3 Radius = 230.00' A = II'4G'07' Arc = 47,24' Chord = 47.16' Chord Brg. S,66'13'35%/, S.20'O0'Sg"i 98.50' SKETCH OF DESCRIPTION Curve number 4 Radius = 420.00' A = 00'29'03' Arc = 3.55' Chord = 3.55' Chord Brg, S,60'35'03'~/. Curve number 5 Radius = 500,00' /~ = 02o17,33· Arc = 20.01' Chord = 20.00' Chord Brg, S,68'50'15'~/, QUAIL UNIT P.B. PAGES C-5 59"W 84.66' 09"W. 31.64' C-3 N.89'04'09"E. 28.14' LONCSHORE LAKE UNIT TWO P.B. 15, PACES 97-99 GENERAL NDTES l) P.D,C. Indicates Point oF Commencement 2) P,O.B, Indicates Point oF Beginning 3) Sec. Indicates Section 4) Twp, Indicates Township 5) Rge. Indicates Range 6) R/~/ Indicates Right-oF-way 7) Att distances ore In Feet and decimals thereof 8) Basis oF Bearings Is the South line oF the Sold Section 17 being S.89'04'09'~/, 9) Not valid unless signed and sealed with the embossed seal o? the professional land surveyor THIS IS ONLY A SKETCH NOT TO 05_30_97 ,. SCALE Curv Radlu n = Arc Chor Chor~ G 1840.00' 3G'46' TWP. 48S. RGE. 26 E. S.85'55'54'E. 2 OF 2 !~ Project: Quail Creek Outlot "B" PURCHASEANDSALEAGREEMENT 16B 5 THIS PURCHASE AGREEMENT (hereinafter referred to as the 'Agreement") is made and entered into this ~ day of ~, 19,~, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER_"~OU, J~p~, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER. SEWER DISTRICT (hereinafter referred Io as the 'Owner") and QUAIL CREEK PROPERTY OWNERS ASSOCIATION, INC,, a Florida not-for-profit corporation (hereinafter referred lo as the 'Purchaser"). WHEREAS, the Owner desires to sell, and Ihe Purchaser desires to purchase, certain lands described as: All of Outlot "B" of Quail Creek Unit Two, excepl Ihe South 60 feet thereof and lhe East 55 feet thereof, according 1o Ihe plat lhereof, as recorded in Plat Book 13, Pages 74 through 77, inclusive, of the Public Records of Collier County, Florida, (hereinafter referred to as the 'Property"), under the terms and conditions set forth herein; and WHEREAS, the Owner will retain a Utility Easement over, under, and across Ihe Property, as described in Exhibit "B", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement"). NOW THEREFORE, in consideration of these premises, lhe sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, il is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser, via Statutory Deed, in exchange for the sum of $ 50,000.00 (Fifty Thousand Dollars), U. S. Currency, as full payme,nt for the Property interest transferred. 2. Purchaser shall pay Owner of the Property by Caller's Check. 3. Both Owner and Purchaser agree that lime is of lhe essence in regard to the closing and that, therefore, said closing shall occur within 60 (sixty) days of the last party to execute this Agreement. At closing, Purchaser shall deliver the Cashier's Check to Owner and Owner shall deliver Deed to Purchaser. Possession of the Property shall be delivered to the Purchaser at closing. 4. Owner shall pay its pro-rata share of taxes, assessments, or other term expenses of the Property through the day before closing. Any and all costs and expenses incurred by Owner in connection with this transaction (excepting Owner's attorneys' fees), including, without limitation, recording fees, conveyance fees, settlement fees, closing costs, and Iransfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by Purchaser. 5. Purchaser warrants and acknowledges to and agrees with Owner that Purchaser is purchasing the Properly in an "As Is" condition and specifically and expressly wilhout any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of Ihe Owner. Purchaser acknowledges that Purchaser has made and/or been given an adequate opportunity to make such legal, factual and other inquiries and investigalions as Purchaser deems necessary, desirable or appropriate with respect to the Property. 6. Conveyance of the Property, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated above and this written agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Purchase Agreement Page 2 168 5 7. Buyer is aware and understands Ihal the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of Counly Commissioners of Collier County, Florida, This Agreement is governed and construed in acc~dance with :the laws of the State Florida. . IN WITNESS WHEREOF, Ihe parties hereto have executed this Purchase Agreement on the day and year first above written. AS TO OWNER: Dated:.~ A'FI'EST: [~vight E. Brock, ClefK'. AS TO PURCHASER: Da[ed: Witness Witness BOARD OF COUNTY COMMISSIONERS COLLIE~..COUNTY, FLORIDA BY: 'o~ Tim Quail Creek Property Owners Association, Inc., a Florida not-for-profit corporation Title: President. 3301 OFi~ICE O? CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO, .PROJECT PARCEL NO., TAX PARCEL NO. SKETCH OF LEOA~NoT A SURV_..~ BY-' COIV~tENCING AT TIlE NORTHEAST CORNER OF TRACT "G" OF TIlE PLAT TIiEREOI~ ' LONGSHORE LAI~E;S UNIT TWO AS RECORDED IN PLAT BOOK I.~. PAGF_~ ¢7-09 O~ TIlE PUBLIC RECORDS OF COLLIER COUNTY, I~.,ORIDA, SAID POINT OF COMMENCEMENT ALSO BEING THE SOUTHEAST CORNER OF SECTION I? TOWNSHIP 4S I . A DISTANCE OF 97.0~ FEET TO TIlE POINT OF BEGINNING; SAID POINT BEING THE BEG! ,N~G OF A NON-TANGENT CURVI~, CONCAVI~ TO THE SOUTIt, HAVING A RADIUS OF 240.00 FEET, A CENTRAL ANGLE OF 57 DEGREES 06 M[NLrrEs 46 SECONDS, AND A CHORD OF 229.45 FEET BEARING NORTH 85 DEGREES ;55 MINUTES 54 SECONDS WEST; THENCE WEST ALONG SAID CURV~ A DISTANCE OF 239.23 FEET; THENCE SOUTH 89 DEGREES 04 MINUTES 09 SECONDS W~.ST, A DISTANCE OF 3 [.64 FEET; THFNCE NORTH 20 DEGREES O0 MINUTES ~9 SECONDS WEST, A DISTANCE OF 84.66 FEET TO THE SOU3~ RIGHT OF WAY LINE OF POND APPLE DRIVE AS DEPICTED ON THE PLAT THEREOF QUAIL CREEK UNIT TWO AS RECORDED IN PLAT BOOK 13 PAGES 74-77 OFTHE PUBLIC RECORDS OF COLLIER COUNTY,. FLORIDA AND THJ~ POINT OF CURVATURE OF' A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF $00.00 FEET, A CENTRAL ANGLE OF 2 DEGREES 17 MINUTES 33 SECONDS, AND A CHORD OF 20.00 FEET BEARING SOUTH 68 DEGREES ;50 MINUTES I;5 SECONDS WEST; THENCE WEST ALONG SAID RIGHT OF WAY LINE AND SAID CURVE, A DISTANCE OF 20.0 [ FEET; THENCE LEAVING SAID RIGHT OF WAY LINE OF POND APPLE DRIVE SOUTH 20 DEGREES 00 M[NU3~S ;59 SECONDS EAST, A DISTANCE OF 9S.50 FF_.L~T; THENCE NORTH S9 DEGREES 04 MINUTES 09 SECONDS EAST, A DISTANCE OF 28.14 FEET TO THE NORTH RIGHT OF WAY LINE OF LONGSHORE WAY NORTH AND THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 420.00 FEET, A CE~ ANGLE OF 0 DEGREES 29 M[NLrI~s 03 SECONDS, AND A CHORD OF 3.;5;5 FEET BEARING NORTH 60 DEGREES 3;5 MINLrrES 04 SECONDS EAST; THENCE NORTH:EAST ALONG SAID CURV~ A DISTANCE OF 3.:55 FEET TO THE POINT OF CURVATUR~ OF A REVERSE CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 230.00 FEET, A CENTRAL ANGLE OF ;58 DEGREES 19 MINUTES 06 SECONDS, AND A CHORD OF 224,13 FEET BEARING NORTH 89 DEGREES 30 MIIhqJTES 02 SECONDS EAST; THENCE EAST ALONG SAID NORTII RIGHT OF WAY L.[NE OF LONGSHORE WAY NORTH AND SAID CURVE, A DISTANCE OF 234. I I FEET; TIIENCE NORTH 89 DEGREES 04 MINUTES 09 SECONDS EAST ALONG THE NORTH LINE OF AFORESAID TRACT "G", A DISTANCE OF 19.08 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.110 ACRE (4,809 SQUARE FEET), MORE OR LESS, BASIS OF BEARINGS IS THE SOUTH LINE OF SECTION 17 BEING SOUTH 89 DEGREES 04 MINUTES 09 SECONDS WEST, PARCEL QUAIl. 2 CHECREO 6Yt $C.4,L[~ F'r'JOFESSIONAL LAND SURVEYOR H2400' I.~r~ ?, fl; '.':; OFFICE OF' CAPI'rAI. PROJECTS ,'~. ,.TI-'. ~., .' COLLIER COUNTY COVERNMENT COMPLEX, FII. E I~,1 SHE- z_ OFFICE OF CAPITAL PR,OJECT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDa!Il2 (941) 774-8192 :i' ~ SKETCH OF DESCRIPTION Curve number 1 Radius = 239.00' A = 60'19'40' Arc = 242,17' Chord = 231,14' Chord Brg. N.31'I0'29'~/. Curve number Rodius = 230,00' A = 58.19,06° Arc = E34.11' Chord = 224.13' Chord Br9. Curve number 3 Radius = 230.00' ~. = I]'40'07' Arc: = 47.24' Chord = 47.16' Chord Brg. S ' ' ' .6G 13 35 Curve number 4 Rodlus = 420,00' A = 00'29'03' Arc = 3,55' Chord = 3.55' Chord BrO. S,G0'35'03%/. Curve number 5 R(idlus = 500,00' A = 02'17'33' Arc = 20.01' Chord = 20,00' Chord Brg. S.68'50']5%/, UNK P.B. PAGES OU1 S.20'00'59" 98.50' C-5 59"W 84.66' S.89'04'09"W. 31.64' N.89'04'0g"E., 28.14' LONGSHORE LAKE UNIT TWO P.B. 15, PAGES 97-99 GENERAL NOTES l) P.D.C. Indicotes Point oF' Commencement 2) P.D.B. Indlcotes Poln% oF Beginning Cu 3) Sec. Indlcotes Section 4) Twp. Indlcotes Township 5) Rge. Indlc~ltes Ronge A 6) R/~ Indlcotes Rlgh~-oF-eoy Ar Ch, 7) Att dlstonces ore In Feet ond declnols ~hereo? CH, 8) Bosls oF Beorlngs Is ~he Sou~h Une o? ~he Sold Section 17 being S.89'04'09'~. 9)Not vcUd unless signed ond seoled with ~he e~bossed seol o? t~e proPesslonot Iond surveyor THIS IS ONLY A SK~CH D~ BY: CHECKEO.~: S~E: ~IE: F~ NO.: NDT TD _i SCALE 05-30-97 TWP. 48S. RCE. 26 E. aunber 6 i~' 240.00' ;7'0G~46' 239,23' S.85'55'54'E. 20F2 ; This In~,tnaftm~t Pm~amd By aed-Re~,~l'e: THE DELTONA COP~OP~'rlON bf Dav,k:l M. Hatde~ ~gg BflckMI Avenue. ~ule 700 MiamL FL 33131 QUITCLAIM DEED Thla Indenture, m.~ o~ thi. 7m (~y ot Xprl, 1~17, Between THE DELTONA CORPORATION, Delaware corporation, a como~tlon .x~thg unc~ Ihe Ilwl of the 8tam of Dekw~rt, · (X)m~tk: cl~)orltlon k)r UnIKI BOARD OF COLLIER COUNTY COMMISSIONERS DONATED FOR PARK & RECREATIONAL LAND whole p~.t omce addrus k: 3300 SANTA BARBARA BOULEVARD, NAPLES, FL 34118 hemlnal't~' caned the 'llCOfNd pl~'*. WITNESSETH: Tl~t ~aid f~t party, f~ a~d h con,lde~tlon of Ihe -urn of TEN AND NO/~00 (110.00) Dollrl. and OtoW ~oOd I/lCl Ylblbll CO~llide('ltk3~l to Ilid f~l! pl~y h hind paid by/~id second plrty, the rlcelp~ whMiof II ~ Icknowb<~d, does ha'lay rlmbe, rlblsa Ind qulbcklm unto Ihe aid second I~ IOf'lver, II h ~ght, IIIIi, Inll~ cklm ed demlnd which the said firm I~ has In ind to the folowtng de~Yt)ed lind, $1uatt, k/lng Ind ~ In Cok County, to wl: Tax Identification No. 57800120007 A PORTION OF TRACT "C", of MARCO BEACH UNIT NINE, according to the Plat thereof, recorded In Plpt Book 8, at Pages 69 through 73, of the Public Recorda of Collier County, Florida; i LESS AND EXOEPT THEREFROM thole portiona of Tract "C" conveyed by WIn~nty Deede recorded In Official Recorde Book 1413 it Page 1366; Offlclal Recorda Book 1413 it Page 1371; and Official Racorda Book 1558 et Page 1292, of the Public Recorda of Collier County, Florida. To Hive and To Hold Ihe s4me tc)ge~w v4h al ~nd singu~' t~e ~ ~ ~ M ~ ~ ~bhg. ed al the ~m, ~ ~. b~t, ~. ~ ~d ck~ ~tt~ of the ~t p~. elh~ h kw ~. the prop~ use ~ ~d ~hoot of the I~d ~ ~. NIr~bl RIoseco. N~cy Roc~ Witness .~. THE DELTONA CORPORATION, '...... a Delaware corporation '"-...~'p · ? '" '~,.,. ',~/! '. E~ltD. Cml~r~ht, Jr. pmlid~nt ~t//- 999 Brickal Avlnue, ~Jla 700, MIIml. STATE OF FLORIDA COUNTY OF DADE ?'ne /orego~g In.b'ument was ecl~ewfedged ~ ~ ~k ~h ~ of ~ 1~, ~ ~ O. C~G~, ~ P~t, of ~E DELT~A C~ON, I ~iw~ c~m/~n, ~ ~hel of ~ c~t~, ~ ~ ~ ~ ~ h~ by sam lO ~. co~tbn, ~d thai ~l INI l~ ~O k ~ ~ C~ lMl of ~ C~. ~ i ~ ~ Tnb Inttmm~t Pmpam<l By a~cP, e.~.e: TilE DELTONA CORPORATION ~ Dlv~d M. Hlrda~ 999 BrlCkell Av~oe, ~ulle 700 Ml~nl, FL 33~31 QUITCLAIM DEED Thil Indanture, ma~ un thll 7~h My of ~ 1~97, Between THE Delaware corporation, a como~tid~ ~tbg u. cl~ the ~ of the State of Dekw~m. a Stite~ tax pu~ouet whore Federal Idintlllcatton No. Il 69-C'99~-~4, haying Ill I~"tnclpll Sul~ 700, Mi·mi, Ftc)~ 3313~, ~d kvdvly authmlzid lo tnmsact bu~ln~l i~ Ihs ~Mte of ~ Ir)l~/' 'o and BOARD OF COLUER COUNTY COMMISSIONERS DONATED FOR PARK & RECREATIONAL LAND w~osa post off, os ac~r~. ~.: 3300 SANTA BARBARA BOULEVARD, NAPLES, FL :3, hemlnel't~, called the 'sacond party"*. WITNESSETH: T~at laid It-It part,/, for and In cun$idemllon et the lure of '/EN AND NO/ oth.Y good and valuable ¢Of~lidef'lllOnl to Mid ITilt pl~ly In hand paid by laid second party, acknowledged, does hemb~, melee, ramie and quit.claim unto the lied IlCund pl~' fomvar, II thl r demand which the said rnt pan'y hal In and lo Ihe fok)wlng GleKTl~d lind, Iltuate, ly'l~g and bMn to wit: · Tax IdenflflcaUon No. 57800160009 A PORTION OF TRACT '13", of MARCO BEACH UNIT NINE, according to recorded In Plat Book 6, mt Pagel 69 through 73, of the Public Recordl Florida; LESS AND EXCEPT THEREFROM thoae portlone of Tract "D" conveyed I recorded In Offlclal Records Book 1402 at Page 1066; Official Records E 1068; Offlclal Records Book 1423 et Page 1318; and Official Record· ! 2070, of the Public Recordl of Collier County, Florida. To Have and To Hold the same tog·the' with all and arnguler the · · n~,wtse ·ppe~lahlno. end el the estate. ~ght, title, hi·mst, II~, equl~ and clek'n whatsoever of the to the ~op~ use benefit and behoof of the second plrty "Flrlt pl,'ly' and "llCund party' ltl uled f~' Ihg~ler m' plural, al contlxl rlqulrl~. In With·si Whereof, ·ak! rnt p~l-f hal Ilgoed and aMbd the~e pml~te on the SIgc~:J, sealed and al·Iv·rid In our pal·ncc. THE DELTONA CORPI a Delaware corporation E·rtm D. Cortright. Jr., Prlside~t 999 Bdckd Avamm, aulle 700, Mlenfl, F! STATE OF FLORIDA COUNTY OF DADE The foregoing Instrument was acknowledged before me thl~ 7th day of ~ 1997. Phmside~t. of THE DELTONA CO~ORATION, a Delew·rl co~poratlun, on beh·! Of the CMpOf'ltIon him by said coq)of~lk~, and that the sell affixed them~ Il the b~e CMpOtltl K of ~id OOq~xl~ me. :)RPORATION, a O.O0) Do~4rs, lind whereof Ii herM:)y Plat thereof, as Collier County, Deeds at Page 1908 It Page LAKE AVALON I SUGDEN REGIONAL PARK APPRAISAL AGREEMENT 16C-} ~, 1~/, IS Dy ana oetween COLLIER .COUNTY, FLORIDA, a political subd!_vi.s,~n ~e of Florid~ (hereinafter referred to as County"), whose mailing address is 3301JTamiami Trail East, Naples, Florida 34112, and HANSON APPRAISAL COMPANY, a Flori(~fa corporation, (hereinafter referred to as "Appraiser"), whose mailing address is 2233 Second Street, Fort Myers, Florida, 33901. WITNESSETH: In consideration of the mutual promises contained herein, County and Appraiser hereby agree as follows: 1. ASSIGNMENT - The real estate which is the subject of this appraisal assignment is legally described on Atlachment "B" to this Agreement (Lake Avalon PUD, LESS the Lake Avalon Professional Center as recorded in Plat Book 17, Pages 90-91. of the public records of Collier Count.,, Florida.) 2. STANDARDS AND REQUIREMENTS - Appraiser' shall provide County with a narrative appraisal report which conforms to all applicable standards as set forth by the Uniform Standards of Professional Appraisal Practice (USPAP), 1997 Edition (The Appraisal Foundation) governing the development of a complete appraisal, communicated in a self-contained appraisal report format. While this Agreement is between Appraiser and County, Appraiser shall, in addition to the standards set forth in USPAP, abide by the standards and guidelines for the development and repoding of a real estate appraisal for FCT as set forth in Attachment 'A" ("Instructions and Acceptable Procedures for Appraisal Assignments"), Attachment 'D" ('Florida Communities Trust Appraisal Report Format Manual"), and Attachment "C" (specifically, Paragraphs 4, 13, 14, 19, 26, 29, and 30 of the blank FCT form 'Contract for Fee Appraisal Services"). 3. DUE DATE - On or before September 29, 1997, Appraiser shall submit an unbound. uncertified, draft photocopy of the appraisal report to County for review. Within one week followir, g notification from County that the draft appraisal is accepted and approved, Appraiser shall provide to County four (4) written appraisal reports, each with odginal signature and color photographs, 4, INVOICING AND FEES - Unless the provisions of paragraph 6 are invoked regarding alterations in the scope of work to be performed, a fee of $5,500 shall be paid to Appraiser by County following complete County review of the written appraisal report, or if required, following receipt from Appraiser of appropriate substantive and factual corrections which may be requested by County. 5. THIRD PARTY REVIEW - Appraiser understands and is aware that after the appraisal is accepted by County: (a) the appraisal will be submitted for review to the Florida Communities Trust (FCT), a non-regulatory agency of the Flodda Department of Community Affairs; (b) FCT will contract with an independent state certified general real estate appraiser to rewew the appraisal on 5ehalf of FCT; and (c) the FCT review appraiser may require Appraiser to respond orally and/or in writing to questions concerning the development and repoding of the appraisal, event to the extent of amending the appraisal report to delete or include specific information. 6. FEES FOR REVISIONS - Both Appraiser and County understand and are aware that involvement by the FCT contract review appraiser, !o the extent that such involvement results in Appraiser amending a completed appraisal report, constitutes an increase in the scope of work required of Appraiser beyond that contemplated at the time of execution of this Agreement. County and Appraiser hereby agree that should such contract review appraiser involvement result in an increase in the scope of work beyond the odginal Assignment, County shall pay Appraiser an additional fee not to exceed $2,000 for additional research and to amend the appraisal in response to requests made by FCT's contract review appraiser. 7. COMPLETION / CORRECTION - If a substantially completed written appraisal report (original) is delivered to County by the due date, or by a date mutually agreed upon, but which report fails to comply with the USPAP, or which report contains errors or omissions from within either the body or the addenda, Appraiser shall, within fourteen (14) calendar days from the date of notification by County, rum sh such corrected and/or additional pages which will bdng the appraisal report into compliance with the USPAP and/or correct such errors and omissions (if any). No penalty for late pedormance will be charged against the Appraiser within said 14 day period. Nor shall Appraiser charge County any additional fees for bdnging wdtten appraisal 16C-3. reports into compliance with the USPAP, for correcting any errors, or for providing previously omitted materials. 8. LATE PENALTIES / EXTENSIONS FOR CAUSE - It is acknowledged that time is of the essence, and that the following schedule shall govern the assessment of penalties for late performance: (a) In the event that the written appraisal report containing the estimates, opinions and conclusions referenced in Section 1 of this Agreement, is not completed and submitted to County in accordance with the due date as set forth in Section 3 of this Agreement; then County at its discretion may reduce the fee payable to Appraiser, as set forth in Section 4 of this Agreement, by five percent (5%) for each week, or portion thereof, for every week the written appraisal report is past due; or (b) In the event that circumstances beyond the control of Appraiser cause completion of the wdtten appraisal report to be delayed beyond the due date as set forth in Section 3 of this Agreement, and pdor to said due date there is a mutual understanding between the parties to this Agreement that such delays were beyond the control of Appraiser, County may issue an extension of the due date without penally. Said extension shall cite the reason for delay in completion of the appraisal report and shall set a new due date for submission of the report. 9. CONTRACT ADMINISTRATION - The Real Property Management Department Director or the Director's designee (hereinafter referred to as "Contract Manager"), shall be responsible for ensudng performance under the terms and conditions of this Agreement. 10. MEETINGS - Appraiser shall meet with the Contract Manager to discuss the appraisal (and/or updated appraisals) of the Property. Time(s) and place(s) of meeting(s) shall be established by mutual agreement of the parties to this Agreement. 11. CERTIFICATE OF APPRAISAL - The Certificate of Appraisal shall be signed by Woodward S. Hanson. In addition, at the discretion of Appraiser, one (1) associate appraiser, either working in a contractual relationship or as an employee of Appraiser, is hereby authorized by County to sign the Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals under the terms of this Agreement must be propedy identified in the written appraisal report(s). 12. CONFIDENTIALITY - Appraiser shall neither discuss nor divulge the contents of the written appraisal reports relating to the Property with anyone without the approval of the Contract Manager. Fudher, Appraiser shall save harmless the County from all claims or liabilities, including court costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or employees, and shall not engage in any business transactions involving any of the properties appraised under the terms and conditions of this Agreement for a pedod of one year from the date of valuation of the latest appraisal, or updated appraisal, of any of the Property. 13. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT - By the execution of this Agreement, Appraiser warrants that it has not employed, retained, paid, or agreed to pay, any company' or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Appraiser further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer agent, employee, subcontractor, or consultant to the Appraiser in connection with any appraisal work performed or contemplated under the terms of this Agreement, without prior County approval: Appraiser further warrants that there shall be no transfer or assignment of any part of this Agreement, except by the written approval of the Contract Manager. For breach or violation of this warranty County shall have the right to terminate immediately this Agreement without financial obligation, or to pursue any other available remedies. 14. WORKERS' COMPENSATION INSURANCE - Appraiser shall provide coverage for all of its employees as required by the State of Florida Workers' Compensation Law. Said coverage shall be for statutory limits in compliance with applicable state and federal laws. The policy shall include employer's liability with a minimum limit of $100,000 each accident. ~ 3 15. GENERAL LIA~IUTY INSURANCE . Appraiser shall maintain during the term of this Agreement cocr~ general Eab~'~,f coverage, including bodily injury and property damage, in an amount no( less lt~an ,~300.000 combined single limits. Collier County shall be 16. AUTOMOBILE INSURANCE - Appraiser shall maintain business auto liability insurance coverage with minimum limits of $300,000 per occurrence, combined single limits for bodily injury and property damage liability. This shall include owner vehicles, hired and non-owned vehicles, and employee non-ownership. Collier County shall be listed as an additional insured on said policy. 17. INSURANCE UNDERWRITER RATING -All insurance policies required in Paragraphs 14 through 16 shall be issued and written with a company, or companies, authorized to engage in general liability and public liability insurance in the State of Flodda, authorized to do business in the State of Flodda, and which company, or companies, hold no less than an "A" rating as to financial strength as reported in Best's Key Rating Guide, published by A. M. Best Company, Inc. 18. INSURANCE CERTIFICATES - Appraiser shall deliver to the Contract Manager, pdor to the appraisal of the Property, those certificates of insurance which cleady indicate compliance with the insurance requirements of this Agreement. 19. INDEMNIFICATION -Appraiser shall indemnify, hold harmless and defend the County, its agents and employees from all su~ts and actions, including attorney fees and all costs of litigation, and all judgments of every name and description, brought against the County as a result of loss, damage or injury to persons or property by reason of any act, or failure to act, by Appraiser, its agents or employees. 20. PUBLIC RECORDS - Appraiser acknowledges that the written appraisal reports, including the materials contained in their addenda, which shall prepared under the terms of this Agreement, shall become the property of County, and that County may disclose the information contained therein at its discretion, and in accordance with the provisions of Chapter 119, Flodda Statutes. Further Appraiser acknowledges that County may terminate this Agreement should Apprai'.,er refuse public access to all documents, papers, letters, or other materials made or received under the provisions of this Agreement. 21. TERMINATION - This Agreement, or any portion thereof, may be terminated by the parties by providing written notice to the other. Appraiser shall be entitled to receive just and equitable compensation for any satisfactory work completed pdor to such termination. 22. NONDISCRIMINATION - No person on the grounds of handicap, race, color, religion, sex or national origin will be excluded from padicipation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Agreement, or in the employment practices of Appraiser. Appraiser shall, upon request, show proof of such nondiscrimination, and shall post in conspicuous places, available to all employees and applicants, notices of non-discrimination. 23. INTERPRETATION AND CONSTRUCTION - This Agreement shall be governed by, and construed in accordance with, the laws of the state of Flodda; and this wdtten Agreement constitutes the entire agreement between the parties, and there are no other pdor or contemporaneous, oral or written agreements, understandings or promises related to the Assignment. This Agreement may be modified only by wdtten amendment executed by all the parties hereto. 24. ENTIRE AGREEMENT - This wdtten Agreement and all attachments hereto represents the entire agreement between the parties, and there are no other pdor or contemporaneous oral or written understandings, promises, and covenants between the parties not so stated herein. 25. NOTIFICATION - All notices shall be given in wdting to the padies at the following addresses: Page 4 As to County: Real Property Management Department Eighth Floor, Administration Bldg. 3301 Tamiami Trail East Naples, Florida 34112 IN WITNESS WHEREOF, the authorized representatives. AS TO COUNTY: A'I-FEST: AS~O APPRAISER: Witness parties have As to Appraiser Woodward S. ~, MAI Hanson Appraisal Company 2233 Second Street Fort Myers, FIo~d~a~33901~.!~ hereunto affixed their 's~(~l~atures by their duly COLLIER COUNTY, FLORIDA, a political subdivision of the State bf. Florida . Hanson Appraisal Compafiy , a Flo By:., w Woodward S. Han: 3n President Approved as to form Assistant County Attomey 16g-3 ATTACIIMENT A Instructions and Acceptable Procedures for Appraisal Assignments The Florida Communities Trust ("FCT") is a non-reeulatorv avencv housed within the Depa,"tment of Community Affairs. The FCT recei~Tes I 0~,,i or:the iotal proceeds from the state's sale of Preser-,'ation 2000 bonds. Using its Preservation 2000 allocation, the FCT makes erants and loans to local governments. These monies are used to purchase land from owners an~ to pa.', the cost of the associated acquisition services from vendors. The Florida Communities Trust has developed rules that describe ( I ) how project applications t'rom local governments ,',4'e selected for funding [Rule Chapters 9K-4 and oK-5. F.A.C.] and the procedures that must be followed for acquisition of approved project sites using Preservation 2000 t\mds [Rule Chapter 9K-6. F.A.C.]. Rule Chapter 9K-6. F..,\.C.. requires that land be appraised to delermine its market value. Under provisions of that rule chapter, the fee appraisallsi ma.,,' be ordered either bx. the FCT or b.v :he local government grant recipient. The fee appraisal(si must be performed to the standard outlined in Rule 9K-6.007, F.A.C. Pursuant to Rule 9K-6.007(6). F..-\.C.. ifa property value is S500.000 or less. only. one appraisal is required. Ifa property value is greater than S$00,000. two appraisals are required. After the fee appraisal(s) is completed, an appraisal review is performed by a review appraiser under contract with FCT. The purpose of the appraisal review is to determine a maximum approred;~;~rchaseprice, v,'hich is the basis ofall neeotiations with a land owner and the basis of funding participation by the FCT. The interests ofthT: State of Florida and thc local government grant recipient must be protected throughout the land buying process. The appraisal and appraisal review component of the transaction are therefore especially important. Thc purpose of this ,,\ttachment is to set forth the steps necessary to accomplish FCTs appraisal process anct. ultimately, a successful real estate transaction. tee lDorais¢r rev 61~/97 ~uty 29. 1997 Time i,~ Of thc E.~senc~ One measure of a successful real estate transaction is that it is timely conch,ded. Therei'bre. time is of tile essence in thc appraisal and appraisal reviev.' process, ~ Definition of :',pprai:~al The Un!form Standards of Professional ..Ip?raisal Practice (USPAP) of the Appraisal Foundation defines "appraisal" as: the act or process of estimating value: an estimate of value Additionally. when describing an assignment under this contract, the term "appraisal" shall also include the process and all activities necessao., to meet the contract requirements. Far each FCT appraisal assignment, fee appraiser shall take all steps necessaW in order to certiI}': that the appraisal has been conducted according to the most recent ~;'niform Standards of Professional Appraisal Practice approved and adopted b~' the Appraisals Standards Board of the Appraisal Foundation: and (bl that thc appraisal required for that particular project site has been conducted in accordance with the procedures described herein. .-\ppraisal services shall be conducted in accordance with the most recent L'SPAP adopted by the Appraisal Standards Board of the Appraisal Foundation. associated USPAP Statements and .-\dvisow Opinions. and the terms and conditions set forth in the Contract to which this document is attached and made a part. lie view .-\ppraiser Appraisals shall be reviewed by a review appraiser who is employed by or under contract to FCT. The review appraiser must meet the same qualifications as appraisers who conduct the appraisals. The review appraiser must ceftin' to FCT that the appraisals have been conducted. substantially in accordance with Rule Chapter 9K-6. F.A.C. and with the Uniform Standards of Professional Appraisal Practice. and must cerlify the appraised value(s) of the subject real property before FCT will use the appraisal for negotiation purposes. Review appraiser lbr this Contract (heremafler rev~cv.' appratser) shall be: rev 512197 July 29, ~<;'7 Name: Kurt Schoenrock. President Address: Suncoast Appraisers 1041 Fawn Court Oldsmar. Florida 34677 Telephone: 813;789-9898 Electronic Transmission: 813/786-5189 Once this Contract is executed, the review appraiser shall Interpret and coordinate appraisal instructions to fee appraiserls r contract to Florida Communities Trust. The purpose of the instructions and'~o~rdination is to promote an understanding of the appraisal assignment in order~o:minimize the possibility of a dis"ergence of market value conclusions in the final ffPpraisal Inte~retation and coordination services shall bt provided by review app~i~er immediatelv u~n the notification bF' FCT that the fee appraiser is under contract. The fee ~ppra~ser must contact the designated review appraiser immediately upon receipt of the not,~ee,to proceed from FCT and before work is initiated, lit Florida Communities Trust will furnish to review appraiser a cop.,,' of thil~, C'~_ ntract and available intbrmation, includin~ appraisal maps or certified surveys, leeal descripttbn~.~ tax identification number(s) and title re3orts for properties that are the sul:;ject ~f the fee a~'pr~sal assignment. Jnformati n Provided l?l Ir'available. Florida Communities Trust will furnish to fee appraiser and~e~ew appraiser title tax i.dentifica, tion number(s), legal descriptions and appraisal ma~s,,~r..,~ certified repons. surYe}'s pon exe ut,o of th,s Contract. The appraisal map or certified survey acrea2e, if furnished to fee apprai ~i FCT not less than 15 days prior to Appraisal Report Due Date. shall supersede any acreaeel~ iousl~'provided. TAra'sal o' c I title t' N r Each Request for Appraisal is numbered in a manner that corresponds to]hl :CT grant and proiect number under which the land ssill' be purchased. This FCT Appr~si Project Identification Number is important. It should appear on es, eD' documenl to the assignment, including an.,,' correspondence, the appraisal report, invoices an.,.' other material relating to the appraisal or maintained by re, appraiser. rev July 29, l qq7 Contact with Fee appraiser is required to contact the property owner or designated re ntative bv Icuer. The letter shall advise or'the appraiser's scheduled inspection date and ~'~U~st the o,.,."ncr or a representative to accompany the appraiser, ifthev so desire., . i[:,)~,,i::~ ! If the owner and/or representative does not accompany the appraiser on t~e',inspection allowine ~he opportumty [or the ov.'ner to share mlormat~on. ~t ts stronely sueeestc/d {hat the appraiser contact thc owner and/or representatr,'e by telephone. Th~s ',vdl allow the:appraiser to question the owner/representative directly and for the ow'net/representative to sharte d.,ith the appraiser an,, information the,,' believe to be pertinent to the appraisal ofthe subject * ~ · property. A cop.',' of the ov.'ner contact letter shall be included in the Addenda ofth~I~PraisaI report. ,qu. bmitt:Ho~ Within the contracted period of time. the fee appraiser will submit three i~)~ iginal appraisal reports, in the format described in Attachment D, to Florida Communiti~,.~Trust. Ail three original appraisal reports '.','ill be forv.'arded to FCT for review. FCT ',viH~enfv that the re~uirec~ ~hrce orieinal reports have been submitted in the proper format by the fee~pcrmser. \Vithin three (3) working days of receipt ofthe report. FCT ',','ill for,.vard '~epo~ a,.nd a Request for Appraisal Reviev,' to the review appraiser. The Request for Appraisal~e~'ie,.,. ,.,,ill comain a deadline that is twenty-one (2 I) calendar days from the date the review ap~)~iser receives the) request. This timeframe ma.,,' be modified by FCT. at its sole discretion, i~ e~treme · circumstances. Extensions of the review time period may be granted by F'.C:~. only ifwritten notification of such request is received from revie``v appraiser prior to the'~nc~'ofthe r, venr,'-one (£1) day time period and with the approval ofthe Executive Director of F~ ' ..... ~ ;~- Upon receiving a Request for Appratsal Revte,.v from FCT. the re,dew aP'.[r~l'~er ,,viii begin a desk review of the appraisal reports(s) in order to deliver a Memorandum [tha~'certifie$ (b~ th, t all the appraisals require~ for that particular project si{ ~hl,~ve been conducted substantially in accordance ,.,.ith Rule Chapter 9K-6, that the appraisals ha,,e been conducted accordine to the ~!gcent L'nitb,'m Standards of Professional Appraisal Practice approved anc~;a~l'opted by the Appraisals Standards Board of the Appraisal Foundation: ~d r~v JuLy 29, 1997 16C-3 the appraised valucl s) of the subject real property and "thc maximum approved purchase price." following the method of calculation in Rule 0K-6.0071- ~. F..-\.~.' · \ ova hi .\ ais '.X 'I2i~LARP~7~ An appraisal report shall only be used for determination of maximum approved purchase price or real es:ate contract negotiation after it has been approved by review apprmser. .4pprovr~i requires that review appraiser shall certiO' the appraisal report as stated above, which includes certification of the appraised valuels~ of the subject real properts. 'Fhis certified a?praised value shall Icad to a determination of"the maximum approved purchase price" for purposes of real estate contract negotiations. \\'hen a report is not certified as stated above, the review appraiser ma.,,' find that the appraisal report is acceptable based upon the reviev,' appraiser's determination or'technical sufficiency ant conformance with the appraisal assignment. Detc.munation of acceptability shall require that :he reviev,' appraiser take all steps necessary in order to certi(v, in accordance with Rule 9K-6.007(7'~(b}. F.A.C.. la~ that ~he appraisal required t'c,r that particular project site has been conducted substantially in accordance with Rule Chapter OK-6. F.A.C.: and (b) that the appraisal has been conducted according to thc most recent Stamiara~v of?rofcssional Appraisal Practice approved and adopted by ti~c Appraisal Standards Board of the Appraisal Foundation. Thc fee appraiser shall not be compensated for the remainder of the compensation as stated in ?aragraph seven 17~ of the Contract for Appraisal Sen'ices until thc revicx~ appraiser, at a miniature, determines the appraisal repor~ is acceptable. \\:hen the review appraiser finds a report is technically insufficient or does not meet FCT contract requirements and appraisal assignment, the review appraiser shall find the report unacceptable. No compensation shall be paid to the fee appraiser for appraisal report(s) determined to be unacceptable. When ~ nsf F A iq. lq,r N qa ' In the course of an appraisal review assignment, review appraiser may request that pages ora fee appraisal report be corrected. When this occurs, three sets of the amended pages are requested directly from the fee appraiser and should be sent directly to the review appraiser. \Vhen received by the review appraiser, all superseded pages are moved to the back of the appraisal repons and the amended pages inserted in the correct place in the reports. ;ce A~raisor Contract Attachment A rev 6/2/97 Ju~y 29, If clarifications, additions or corrections are required prior lo approval review appraiser shall notifv fee appraiser. Upon a '~Titten request fro~ review appraiser, t'ee appraiser shall provide clarifications, additions or corrections to the Apl~ra~sal Report at no additional cost..Minor clarifications, additions or corrections ma5' be r~qu!red w~th~n as little as additions or corrections, if an5'. by review appraiser to the FCT shall be'~s ~rovided above ,.'v, ...... ' - . The re '~e ' apprmser snal~ nave three (3~ workin~ davs to review and approO'e the clarifications. additions and corrections. ' ' In the event the required clarifications, additions or corrections are not $~b~itted within the stated time and additional time is not requested, the contract compensatibn!stated in Paragraph - will be reduced by 1% for each da,,, the required submittals are late. If t\mher clarification, additions or corrections are needed, the process des~i'ibed] ~ in this paragraph is to be followed until the .Appraisal Report is approved and p~.'.'&ent is approved, as &scribed in this Contract. di~e~ aTphl~rraei2~'sbh~lT~oenns~tSe~'dh~re value conclusions of two appraisals iignificantJv. T~.~o ' ' o differ significantly if the higher of the t~d Values exceeds I_0 of the lower value. Review appraiser shall at, erupt to rectify the two app~isSals prior to concluding the desk review. Once the significantly different value conclusions are rectified, review appralser shall proceed to complete the appraisal review assignment. , Immediately upon a determination that sienificantl,, different value conclusions cannot be rectified, review appraiser shall advise FCT in writing (Memorandum of Notice of Inability to RectiI3' Significantly Different Value Conclusions) that the appraisals canno! be rectified in order that Florida Communities Trust can determine whether ~o order a third ap*pr~.isal report as provided for in Rule 9K-6.007(7)(f), F.A.C. When the Max'm m ov d ur ha~ ' M be ust t~e ~' w rmat~ n Revc~. inalS ri, crofT iff e mmitmen ,.~ After the real estate contract is negotiated, but before a closing occurs, th~F~T or the local .eo','emment . er.mt rec;pient will order an updated certified sun'ey and a title ~r. surance appraisal repom :!:~. Fee A~orai~er ~ontra~t rev 6/~/97 commitment. These documents often re,,'cal matters that ma5' ha,,'c an m~pact, either positive negative, on thc value of thc property {,i.e.. difference in acreage, difference in percentage of wetlands to uplands, outstanding interests, easements, encroachments, crc. ). Thc real estate contract was negotiated based upon the maximum approved purchase price. Thc review appraiser may be required to re-examine the tee appraisals using the updated information In these cases, the FCT ,.'.'ill forward the updated information to revie,.,, appraiser for a determination of the effect, if any. on the maximum appro,,'ed purchase price that ,.,.'as previousi> de~ermined bb' revie',v appraiser. If clarifications, additions or corrections are required prior to an.',' adjustment to the maximum approved purchase price, the review appraiser may noti~' the fee appraiser. Upon a ,.,..'nnen request from the re,,ie,.v appraiser, the fee appraiser shall provide clarifications, additions or corrections to thc Appraisal Report at no additional cost. Minor clarificanons, additions or corrections ma.',' be required v.'ithin as little as forty-eight NS) hours of the request from appraiser. The Fee appraiser shall furnish the required answers, additions or correc:mns v, ithin five x,,orking days of notilication at no additional cost. Submittal of the clari fications, additions or coffee:ions, if any. b.', review appraiser ~o the FCT shall be as pro`.'ided above. The rex lc,.,.' appraiser shall ha,.'e three (3) ,,vorking days to revie`.v and approve thc clarifications, additions and corrections. If this examination necessitates an adjustment to thc maximum approved purchase price, either np,.','ard or downward, re`.'iew appraiser ,.,.'ill report this finding in a Revised Memorandum of Certification that supersedes the earlier Memorandum. Time is of tile utmost importance at this juncture. It is possible that a closing ,,','ill be scheduled or an option agreement ,.,,'ill be near expiration ,.,.'hen this information becomes a,.'ailable. Theretbre. re,,'icw appraiser must immediately respond to FCT Contract .',lanager's request for :, re-examination and recertification of the maximum approved purchase price. '~ t( n at w't *,'i w.~ .,.sW .~' ax' u .\ rove r ase ice ~,'tsth -d'ust ] N w form. ' ye hv ' a .q 'ex' 't At this point in the appraisal process the fee appraiser has received total compensation as set forth in Paragraph 7 of thc attached Contract for Fee Appraisal Services for the appraisal services rendered. Therefore. no monetar}.' penalties can be assessed by FCT if thc tee appraiser does not timely respond to the review appraiser regarding final adjustments to the maximum approved purchase price. However. if the fee appraiser does not respond to the re,,iew appraiser as stated above. FCT ,.,.ii~ take the R-,llo,.ving action: ~ee ADoraiser Contract AttaChment A rev 512I~7 16 -3 Noti f.v the Florida Department of Environmental Protect ior~. Division oF State Lands. Bureau o£Appraisal. Noti fy lhe Florida Department of Business and Profession;al Regulation. Notify the Florida Real Estate Appraisal Board. Fee Appraiser Contract A:tachrnent A rev 6/2/9? July 29, 1995 r~.crtptton o( part o! .'he south Avalon Ce[stem Unit No. l, (P[at Co[lieF C~nty. rtortd~ (Parcel Su~ey~) 16C- Range 25 East, CoLtLer County, Florida0 and H ri o( AVAEZ~N ~STAT~S, UNIT NO, 1, according to the plat thereof recorded In Plat'Book 2, page &=, Public Mecord$ et Col[let County, Florid., County, Flor,,.= ttt Cow,icy PubLic Recocdl, and 4[Onq the south line o~ Guilford 2854.07 feeC to a concrete ~n~nt ~ound at the corner o~ ~t S of ~l~ 'B' ~ maid Cull~ord Acrel: ~ Chance along the mouth tine o~ that lOC delcrt~d Lh O.R.. ~h Florid.: ~ 2) southerly 127.~ ~: along the a~c of a circular curve Central a~[e o( 21'00'0~' and ~lnq lubCended by a chord which ~are South 04'3['~?' ~sC I2G.14 (eeC: ]1 South 0S'~e'0]' C~mt ]0.a& ~eet: Concave nnctheasCeCly hivt~q a ~4d[ui o~ ]~0.OO through a cent=al angle et ~4'40'22' a,,d ~Lng 'subtond~ by 5) North 79'2['~' Eamt ~7.21 6) easterly 88.]1 f~t ~]onq the arc o~ a circular curve c~cra~ ~nq~e o( 07']~'0]' and ~n~ ~ubCendcd by ~ chord ~) along a no,-tangential Xine South ~9'56'28' East t00 00 teat: ' R) easterly 5R.~[ (eot along th~ arc o~ a c~rcular curve concave northerly having d Cadiu~ o~ &44.00 feet thro,mqh a central angle of 05'10'4J' and ~lng subtended by 4 chord which ~ars North ~7'28'10' East 58.11 thence leaving the ~under~ Of said plat Ioutherly 1(4.2~ :let 4long ~he arc of a non-tangential Circular curve concave easterly having d radius o~ ~2&.ll feet through a centre[ ~u,,Lh 0l'14'4~' ~aeC 1~},00 northerly right-of-way line of Outer Drtvo, a deodod right-of-way: thence along e~td north right-of-way line westerly 125.10 along tho arc oJ a circular curve concave ~outherly having radiu, n( 170.55 feet through a central angle of 42'01'3)' and t~2.]~ feet: Dr~vo rl~ht-o~-.ay. South 7t'l)'~' Wear 490.27 fee[ tO the thnnc, leaving said d~d~ right-of-way, South ?g'tg'39' 48.]J feet t,) 4 ~int on that line which lies ~0.00 No. ~, ~ccntdlnq tO the I let thereof aa recorded In Plat ~k :h~.nCe along ~4t~ ILne ~lCh :les &0.00 fect northweltet[y ~hence along s~td line ~$ch [lee &O.O0 feet north~emter~ Collier County Public R~otdm, South ]S'S&'S8' Wemt. ]OO;IS curve concave tO Lhe nort~at~ having 4 radium o( 7%~.00 thence 4[on~ ma~d norther)~ extenm~on o( the emmt thence a~onq the north J[~ o( the mouth 120.00 {eeco ~t ~, South 1~'40'~2' ~elt ~0.0O ~C to the edit ~Ln4 thence along the eamt JL~ O~ maid ~t 7 and alOng th ~ulherly ext~nelon O( laid emit line, South 140.00 (~.ot to the mouth I/ne et the north 20,00 [~ 'O~L~C f~t. ~[ng eubt~nd~ by a ~ord ~hlch ~ara South ~et. 31.4~ (~t to a ~nt en the ~rt~rly e~tens:~ o( ~C 9 and along the emit ll~ O~ maid ~t ~, South thence along the north line o( the m~th IO.OO f~t o ~a %0, and Il O( said Block ], IOuth ti'40'12' ~emt 350.00 Jeer to . the ~.t line of said 81~k 3; ~{e 00':3'O8' West ?~.11 feet; ~ concave to th~ north, hmvin~ a radium of I~BT.]I (eet.~jnq :he~c~ So~t~ eS'SS'S:' Vest Ii.e: teeC to , ~nt on nnrtherly exten, lon o~ the eaat Z~ne o~ Bilk 4 o~ ~ald Avalon Block 4 and along the east line of said O%~k , Soutm'~. 0'13'08' Ca~t IlO 81 feet t~ the south line of ~t ~ u{ Rlock ,: Lk thnnCe along the south ~ine o{ ~ts ~ and ~ of said Bt 4, ~ou~ 89'40'5:' ~osC 220.00 feet to the ~outh~:: coE~C thence along :he --eJt l~ne J.~ laid ~: & nnd along the thence northwesterly 28d.34 feet along the arc o{ a curve Concave to the herr.hemal, havtn9 a radium o~ reel, eubcended by a chord ~hiCh ~arm North 7a']8'41' ~g5.8l feet to a ~int oe the northerly eztenaJon o{ the l:ne of Olock 5 of ~ald Avalon Estates Unit NO. l;~ 16C-D 16C-3 Block 5 and along the oamt line of said Block 5, South 0'I]'08' East 52.%4 feet :o the southeast corner of Lo~ l0 of said Block 5: thence along the south llAe of Lots 10 and ]2 of said Ilock South 89'40'52" west 320.Q0 feet to the southwest terror of said Lot 12; , thence along the west [in~ of Lots 12 and 1L of said B~ock and along the northerly emtension of the west llne of said Block 5, North 0'[]'08' W~st 203.00 feet; thence northwesterly 72.54 feet along the arc of a circular curve concave concave to the northeast, having a radium of l]51.50 feet, subtended by a chord which bears North 56'00'22' West 7~.56 fee~ to a point on the northerly extension of the east line of Lot l~ of Block 6 of said Avalon Unit No. l; , thence along the northerl~ extension of the east llne of said 8Lock 6 and a~ong the eaa% line of sa£d Block 6, South 0'13'08' £aat 63.80 feet %0 the southeast corner of Lo~ ~3 · aid Block 6; ~hence along the south li~ of Lots 13 and 15 of said ~ock Sou[h 89'40'52- West 200.00 feet to ~he southwest corner of said Lot thence along the west line of bots 15 and 14 of aald ~lock amd the northerly extension of the west line of said alock north 0'~3'08' West 240.55 f~et; ' thence South 89'~6007- West 60.00 feet to the northeast corner of Lot 16 on the extension of the east line of 8lock 7 of said Ava%on Estates Unit No. thence along the northerly e~tension of the east line of aald Block 7 and along the east line of said Block ?, Lot ~3 through ~6, South 0']3'08' East 210.12 fee~ to the southeast corner of Lot ]3 of said Block 7; thence along the south line of Lot 13 of Block 7, Sou~h 89'40'52' west, ]00.00 feet to the southwest corner of ~ot on the west section line (Section 13, To~-nahlp 50 South, Range 25 East} p~r Avalon Ez%atea Unit One PLat (Plat look 3 page 62]; , thence North 0'13'08' We~t 239.83 feet along said west ,ectlon line and the west line of Lots Il through ]6 to found concrete monument at the northwest co~ner of Lot 16 of said Blo~k 7; thence North 0'26'42' West, 1620.%5 feet along west line of said Section 13 to the point of Beginning; belong a part of the south 1/2 of Sect[on ]3, To~rn~hip 5~ South, Range 25 East, Collier County, F~orida: and being all of Lots ? and 8, part of Lots 5, 6, 9, 10 and l] of B~ock ], and being all of Lots 5 and 6, Block 4, and b~lng all of Lots ~0, ll .%nd ]~ of Block 5 and being all of Lots ]3, ]4 and 15 of Block 6 and belng all o{ Lots ]3, ]4, 15 and 16 of Block 7, all said Blocks being according ~o the P~a% of Avalon Estates Unit No. Pla[ Book 3, page 62, Public R-cords of Collier County, Florida; subject to easements and restrict{Bna of record; containing 1~9.24 acres more or bearing~ ~re based on the south ]in~ of Guilford Acre~. Pla[ Book pa~o 59, being North 89'57'34' East. W£~SON, HILLER, BARTON, SeLL & PEEK, INC. Rog. Engineers and Land Surveyors CONTP~qCT NO. DEPARTMEXT OF CO:".[ML.,'N[TY AF'F'A[ FLORIDA COM.ML.~[T[ES TRUST CONTRACT FOP, FEE APPP, A, ISAL SERVICES This CONTP~ACT is entered into this day ot'~. 19 . bet!ve!n the State of Florid', Department oF Communir,' -\fi'airs Florida C~mmu~ities Tru,=, ("Depaament"k and · · · o, ,,,,---,n,.,n~;~ ,clerreg to as , _, (hereinafter referred to as "Fee Appratse~:??L W'ITNESSETH: In consideration oFthe mutual promises contained herein, the Depa~rtm~ent and Fee Appraiser agree as tbllov,'s: { ~ · i. PUP'..POSE. The purpose ofthis Contract is to describe appraisal s~'i¢:es necessar, to mob: a wrlnen repo~ ol'the estimate ol'market value of certain described~or~ne~ies Suc'~ to be rendered by Fee .Appraiser to the Department for the benefit ot:ShgFlori,~a .. repom :s Communities Trust (hereinafle. r referred ~o as "FCT"'~ in aecordane~wi'th this Contract and .:ii attachments hereto. The FCT ~s a non-regulator}, agency housed w~hi~ the Department. 2. FEE .'\PPP',.'\ISER SELECTION. Fee Appraiser was selected according to the terms specified in Invitation to Submit Quote. attached hereto as Attaehm'en! B and made a pa= hereof, to which Fee .Appraiser submitted the lowest oualified res,',o~s;~; ........ -, .... ' the Quote to Florida Communmes Trust For ,Appraisal Sen'ices is at~ached hereto as :\ti ach merit C and made a part her eot'. I'ROPERTY TO BE APPR..-\ISED. The parties hereby a~ree that t a raisal sen, ices rend:red under this Contract shall include all properties ~scribed in~-~.tiaehment B. r~i ~assignment. Fee 4. STANDARDS FOR FEE APPS,~,ISAL SERVICES. For thisapp s :\pr~raise~ shall take all steps nec,.ssar~' in order to ensure that the ap~ratsal ~s conducted according to t al the most recent C'n~£orrn Standar& of?ro.~'ssional fp}aisal Pract:ce FCT F~'." -\ppralsal Contract approved and adopted by the Appraisals Standards Board of the .'\pr~raisal Foundaaon: and (b} Att:~¢hment A. incorporated he ..... by reference and made a par: hereto, xxhich descr:i,u, the services to be perfomled and accevtable procedures that shall be followed in process. .. \\:hen examining comparable sales. Fee Appraiser is cautioned that :;ales to governmental entities represent a "public interest value" and ma.,,' not represent the market value of the subject site had tile site been acquired tbr a private sector use. For appraisals pre?ared under this contract. Fee Appraiser is advised to avoid use of sales to governmental entities as comparables for the site that is the subiect of the appraisal report...\ discussion of:he sale a governmental entity would be appropriate. Transact OhS involving ~u ,.,, is to rese~'e.,c . .. . _ t rchasers \`.nose P onser',.e pmatel>-owned natural lands should not b~: considered a~ :'eiiabie evidence in support of the market value ora site ('See Faluation ln.v~eius & Per.v,c:t:ves. .'tppraisai Institute, ~'ol, ] .Vo 2. Spring ] 9963. 5. OTHER DUTIES THAT MAY BE REQL'IR. ED. Fee Appraiser ma,. under the te..'-:'ns of Contract. be required to I I ) act as an expert wimess on behalf of the })epartment. in c/vii az,.: administrative proceedings, with respec: to appraisal se~'ices furnished by Fee .Appraiser: and {21 resvond within fifteen tlS) days of receipt of the inquir'}', to audit inquiries ','.'hen required w/th respect to appraisM services furnished by Fee .'\pprmser 6. INDI'v'IDUAL AS INDEPENDENT CONTRACTOR PERFOR,¥1ING APPR. AIS..\L. It is hereby understood between the contracting parties that work performed under this Contract shall be certified by _. an individual upon '.','hose credem~als this Contract is awarded. Fcc .-\ppraiser shall perform as an independent contractor and not as an as:em. representative, or employee of the Department. \\'hen the named individual is employed by a company and is not a sole proprietor, i: is further understood that if the individual named in this paragraph leaves the employ of _. then the contract shall go with the named individual. The named individual's acknowledgement on the signature page of this Contract indicates the named individual's understanding of this paragraph. 7. TLMELY EXECUTION OF CONTRACT. If this Contract is not executed bb. Fee Appraiser and returned to the Department within ten (I0) working days from the date ofmailim: by FCT. the Contract shall be null and void and no compensation ,.','ill be paid to the Fe~ ' :\ppraiser tbr an.,.' work performed by the Fee Appraiser. If this Contract is not time!.,' executed by Fee Appraiser. the Dep~rtment shall have the right to sek. c: the next responsive qualified rcsponder to tile Request for Quotes upon which this selection was made and this FCT b'~e -\pr.raisal Contracl rex 6, I o- Julx 29. IOO'~ FCT Fc~ Appraisal Comrac! re,. 6~l ~7 Jut.', _'q. Contract awarded. CO*IPENS:VI'ION. The Department agrees to compensate Fee: ~prmser at a lunm sum payment oi'5; .. pursuant to the Quote to Florida Commu~nit[es Trust Ibr Sc:'vices attached hereto as Attachment C. for appraisal sen'ices rendered under the term.> .: this contract This is a lump sum contract and total ' compensatmn shall include all :rave[ and incidental expenses. The State of Florida's performance and obheation to pa?' under this Contract arc contingent upon an annual appropriat on bb' the Leg]s'lature. 9. CONTRACT TER.M. The date ofthis Contract shall be the date at he last party executes the document and as stated on the first page of this contract. The tbrrr~ of this Contract shall begin on __. which shall be no more than five?) workins~ days :',-on: tile date of the Contract. Unless othe,"xvise provided herein, the provmons of thi"s Contrac: shall remain in full force and effect t'or one ?'ear from the date of the Contract. or :}",rough completion of all sec'ices required of Fee Appraiser. v,'hichever o&ur$ first. I0. APPFL-XISAL REPORT DUE DATE. Notwiihstanding the contract term described in Paragraph 0. the Appraisal Report shall be due on It I".-'ppraisal Report Due Date"). I1. EXTENSIONS OF .-\PPRAISAL REPORT DUE DATE. The Department ma.,.' ex:end Appraisal Report Due Date set forth in Paragraph §. Extensions o~th{' time period tn Paragraph ,3 ma.',' be eranted only if written notification of such reciuest is received by the De.pa~mcnt at least five (5)workl[mg dab's prior to the end of the tiie l~eriod in Par:,craeh ,.an_a ,.v~th tile approval ot the Department. and shall be subject to th~ provmons o! Para~rar.:: ;~RMIN \TION This a, be term,n 12. , , ' . .' ,,: '. ! ontract .' 'ated by either part bi'giving written notice at lea. st mree I-,) working days before the effective date oftermina([on~ Ifthe Departmen: terminates this Contract. Fee Appraiser shall be entitled to receiveJusrand eouitable compensation for an.,. sausfactor?, authorized v, ork completed and sub'nineties o! the rmmation date as determined by the Department, If the Fee Appraiser terminates this ontract, no compensation shall be due to the Fee Appraiser. ~ !~ . Further. the Department shall have the unilateral rk, ht to cancel thi] C~ntract and to ~urque any other available remedies under the followine circumstances: ~ l a. Breach or violation of any of the provisions of this ContraC~ Failure of Fee Appraiser to submit appraisal report by thc duc date stated in Paragraph 10. unless extended by PCT. In the instance of such lhilurc :,~ submit appraisal report, no payment will be due Fee .appraiser Refusal or' Fee .Appraiser to alio.,.,' public access to all documents, papers, letters. other material made or received in conjunction with the Contract pursuant to the provisions of Chapter 11 o. Florida Statutes. except records Jeemed confidential under the provisions of Sections 1 ......and 166.0.15. Florida Statutes and Rule Char_.ter 9K-6. F.A.C. . 15. 16. CONFIDENTIALITY. Fee Appraiser agrees to maintain confidentiality of appraisal repons. including but not limited to report contents and value conclusions, as required under Rule oK-6.008. F.A.C.. Section I25.355 (I)(al and Section 166.045(I )(a~. Florida Statutes. The Parties hereby ac'knowledge that the Statement of Appraisal Standards No. 5 (SMT-5) of the Uniform Standards of Prq£essional Appratsal Practice 199.l Editio~: describes the panics' understanding of the term "confidentiality" CONFLICT. Fee .Appraiser agrees not to engage in an}' business transactions involving an, of the real property that is the subject of an appraisal assienment per[ormed under this Contract until FCT completes acquisition of the real properly or until FCT provides ,..,vittcn notification of termination of the project containing the real property. · ',D\INTEN..\NCE OF ELIGIBILITY. Fee Appraiser ',,,'as deemed qualified to respond to me Invitation to Submit Quote based upon inclusion on the list ofapproved appraisers of the FCT which includes an.,,' appraiser who is on the list ofapproved appraisers on file with the Division of State Lands. Department of Environmental Protection. Fee Appraiser agrees to maintain this qualification throughout the term of this Contract. AUTHOPJZATION FOR DUAL EMPLOYMENT OR DUAL COMPENSATION. If Fee .appraiser is an employee of the State of Florida. or an}' of its agencies, then Fee Appraiser shall demonstrate that dual employment has been authorized, in accordance vdth Section "2, '"/ "~ _ 16..,.6~( I )(d). Florida Statutes. and Rule Chapter 60L-4. F.A.C.. by supplying a cot,,,' of Department of Management Sen'ices form DP-A-15, re','. 6-82. ' " Further. unless Fee Appraiser has provided prior xwitten notice to the Department to the contrary. Fee Appraiser v,'an'ants that no part of the total Contract amount provided herein shall be paid directly or indirectly to an.,., officer or employee of the State of Florida as ,.','ages. compensation, or gifts in exchanee for that individual acting as officer, aeent, employee. subcontractor, or consultant to th~ appraiser in connection with an,,' work'-contemplated or FCT Fee Appraisal Contract re,, 6, 1 07 Jul,.' 2% lo~7 17. IS. 20. 19. 16C- pert'ormed in connection with this Contract. CONTINGENT PAYMENTS FOR SOLICITATION OF CONTR..\CT. Fee Appraiser warrants that Fee .Appraiser has not employed or retained an)' companv or person, other a bona fide employee working solely for the Fee Appraiser. to solicit ~.~r secure th~s Corer:re: and that Fee Appraiser has not paid or agreed to pay any person, company, corporation. individual, or firm. other th:m a bona fide employee working solelx I;~r Fee Appraiser. anx t'ee. commission, percentaee, tilt. or other consideration continnen: upon or resulting" -~--- the awed or making of this Contract. EXCLUSIVITY .AND NON-ASSIGNABILITY OF CONTILAC'I. ['his Contract is ~ exclusive and personal contract for services and ma.',' not be assigned in whole or in par~. except as approved by thc Department. SUBCONTtLACTING. Fee Appraiser shall be responsible for all '~,.ork performed under :r.e terms of this Contract. Fee Appraiser may subcontract as necessar', to perform the sen'icc:. provided that the subcontract has~been approved in writin2 bv the/)cr~artment prior :o its execution. It is understood by Fe, Aporaiser that unless otherwise a~reed upon. the Department shall not be liable to the subcontractor for an',' expenses ~r liabilities incurreC under the subcontract and that Fee Appraiser shall be solely liable :o :he subcontractor ;'or .~... expenses and liabilities incurred under the subcontract. SUBMITTAL OF IN\"OICE. Fee Appraiser's invoice lbr this appraisal assignmem must ?,.: submitted in duplicate to the Contract Manaeer and contain sufficient details for a proper preaudit and postaudit review and contain th~' follov.'inv: Fee Appraiser's Name. Federal Employee Identification or Social Security Number. D~scription of Sec'ice. FCT .-\ppraisa; Project Identification Number, date work 'beean and date work ended, and compensation payable as agreed and allocated as follows: 50% of total compensation (subject to liquidated damages it'a~'~)') shall be payable upon the FCT's cursory review of the appraisal report. Thc balance of the compensation (subject to liquidated damages if any) shall be payable upon FCT approval of the appraisal report, after it has been reviewed and either determined to be acceptable or approveable by the Review Appraiser as defined in Attachment A ofthis contract. The balance of the compensation shall not be paid until the Review Appraiser at a minimum has determined the appraisal repo.,': to be acceptable. 3 FCT Fee .-Xppra~sal Comracl r:x 6'1 ~7 Jul) 29, 1~)o7 21. ..\PI'ROV..\I. ()F INVOICE ..\ND SERVICES. Thc Contract Manager shall approve im oice lbr appraisal se."vices prior tO pavment, and shall indicate or: :he invoice that .h,,.,.., appraisal sen'tees are in general compliance with Contract requirements and indicate -' liquidated damages arc to be imposed. Pursuant to Section 215.4" Florida Statutes. Department's Contract Manager shall have five 15) working da.vs, unless othe."xvise spec::':~.2 herein, to inspect and approve the services for payment. During these same five ~ 5 ~ ~vork:::.z days. the FCT will request a journal transt'er of Preservation 200fl funds from thc Depa,'-:mer:t of Environmental Protection to the Department's appropriate trust fund. Once the invoice :s approved and the journal transfer has occurred, thc Department nm.,t submit a request for payment to the Florida Department of B~king ~d Finance. which may require up to I5 to issue a '.,.'arrant. Days are calculated from the latter date the in',~,~ce is received or sep, ices received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices that have to be returned to Fee Appraiser correctionls) ,.,.'ill result in a delay in the payment. P.-\Y.',,IENT FOR TIL--XVEL AND INCIDENTAL EXPENSES. i'ravel and incidental expenses in excess of the lump sum amount provided in Pa.ragraph s ma.,.' be pro', ~ded b.~ thc Department in the event that Fee Appraiser is summoned as an ex,',cn witness, or the Department requests attendance at a meeting outside of the count~ where the pro.icc: site being appraised is located. If authorized, travel approval and reimbursement shall be submitted in accordance with Section 112.061. Florida Statutes. Pa> ment for such expen>cs shall be made alter sen'ices are rendered. REDUCTION OF CONIPENSATION. It is acknowledged that time is of the essence, ant whereas the actual damages to be suffered by late performance arc ~ncapable of accurate calculation, the parties agree to the following as a reasonable estimation thereof, as liquida;:..2. damages: In the event the appraisal assignment is not completed and submitted within thc time stated in Paragraph I0. or in the event the required answers, additions, modification> or corrections are not submitted within the times stated in Attachment C. the compensatio:: otherwise payable for the appraisal assignment in question will be reduced by I% for each da5' the reviews, answers, additions, modifications or corrections arc late. PAY.',.IENT OF TAXES BY THE STATE OF FLORIDA. Fee Appraiser recognizes fha: :he State of Florida. bv virtue of its sovereignty, is not required to pa?' any taxes on the sen'ices or goods purchased under the terms of this Contract. VENDOR OMBUDSMAN. Section _ I>.4,~.F.S. provides that agencies have ', workin,z days to inspect and approve goods and sen'ices, unless bid specifications or the P.O. spec:~1es othenvise. With the exception of payments to health care providers for hospital, medical, or F CT .= ee A ppraisal Contract re'.' 6 1'o7 ;ul? 20. 1oo7 26. 2g. other health care scrx'iccs, if paymcnt is not available within 40 da~ s. measured t'rc, m latter of thc date the invoice is received or the goods or sen'ices arc received, inspected approved, a separate interest penalty set by the Comptroller pursuanl to Section 55.03. ~- '.,.'ill be due ,'md payable in addition to the invoice amount. To obtain the applicable rate. please contact the Agency's Fiscal Section at (904) 4§8-6409 or Purchasine Office a: (904) 4§$-8. §..,. Payments to health care providers or' hospitals, medical or other health care services, shall be made not more than 35 days from the date ofetigibility of payment is determined, and the daily interest rate is .03333%. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not until a properly completed invoice is provided to the agency. A Vendor Ombudsman. xxhose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contracted at IO04) 4SS-202z ,,r calling the State Comptroller's Hotline. 1-800-848-3792. REASONABLY AVAILABLE. The Fee Appraiser agrees to be reasonably available to ?'CT staff and Review Appraiser for meetings and by telephone during nor'mai office hours ~:~. - between the hours ors:00 a.m. and 5:00 p.m. ,Monday through Friday. excluding sate holidaysl. FCT CONTR.,ACT MANAGER. The designated Contract *lanauer/hr this Contract shat. ve responsible for ensuring performance of Contract terms and cond"im,ns. The designate,2 Contract .Manager for this Contract is the following: Caroline C. Sutton. Community Program Administrator Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Boulevard Sadowski Building. Room 310 Tallahassce. FL 32399-2100 Phone: 904/9..~-,_0'~''' '"* / Electronic Transmissions: 904/92 I- 1747 NOTICE AND CONTACT. All notices provided under or pursuant to this Contract shall be in writing, either by hand deliver3.', or first class certified mail, return receipt requested, to :he tepresentativets) identified herein and said notification attached to the original of this Contract. FCT Fee Appraisal Co.tract re,,' 6,'1 ,,07 Jut.',,' 20. 10o7 The FCT Contract .X. lanager named in Paragraph 26 above shall be the FCT representative for notification purposes. Thc Fee Appraiser representative for notification purposes shall be: 29. RECORDS RETENTION AND AUDIT. Fee Appraiser shall maintain such records and accounts, including personal and financial records, as are deemed necessary to assure a proper billing procedure is followed. The records shall be made available ~pon request for audit purposes to the Department. Those records shall be retained bv Fee Appraiser For a period of not less than five years following completion of the Contr:~ct. If any litigation. claim or audit is started before the expiration of the five year period and extends b~vond :he five 5'ear period, the records shall be retained for a perio~ oftwo (2i years after final disposition or end of audit. 30. PUBLIC ACCESS TO RECORDS. All documents, papers, letters, or other material reia'.:rI,.: to this contract that are made or received by Fee Appraiser in conjunction with this contrac:.' except confidential materials pursuant to Sections 125.355 and I e;6.04.$. Florida Statutes. or Rule Chapter 9K-6. F.A.C.. must be available for public access and Ibr audit purposes for :: period of three years after the expiration ortho Contract. Fee Appraiser agrees not to divui~e an.,.' information exempt from the Public Records Act obtained in the course of executing, contract to anyone other than the Department without the express written authorization t~f :he Contract Manager. This provision is without time limit. 31. .32. \VAIVER OF RIGHTS. No delay or failure to exercise an.,,, right, power or remedy accruing to either party upon breach or default by either part.,,' under this Contract. shall impair an,, such right, power or remedy of either pan.v: nor shall such delay or failure be construed as a waiver of any such breach or default, or an.',' similar breach or default thereafter. INDE~WNIFICATION. Fee Appraiser shall save and hold harmless and indemnify the State of Florida against any and all liability, claims, judgments or costs of whatsoever ~ind and nature for injury to or death ofany person or persons and for loss or damage to an5' prope~.~ resulting from the use. sen'ice, operation, or performance of work under tl~e terms of this Contract. resulting from the negligent acts of Fee Appraiser. Fee Appraiser's subcontractor. or any of the employees, agents or representatives of Fee Appraiser or subcontractor to FCT Fee Appraisal Contract rex' 6 Jul.,,' 29. 19o7 extent allowed by lax,,'. Thc Department shall have no liability except as specifically pro'~ idcd in this C,m:rac:. ..\TTORNEY FEES. In connection with an,,.' dispute arising out of Ibis Contracl. mcludi:~._. without limitation litigation and appeals, the Department will be entitled to recox cr reasonable attorney's lees and costs. 34. DISCRIMINATION. No person on the ground of disability, race, color, relivion, sex. at:z. or national origin will be excluded from participation in. be denied bcnetits of. ir bc othe.,',.~'::c subjected to discrimination in the performance of this Contract. or ~n the employment benefits of Fee Appraiser. Fee Appraiser shall, upon request, show proof of such non- discrimination and shall post in conspicuous places, available to all employees and applicants, notice of nob-discrimination. 30. L'N.-\UTHOR. IZED ALIEN WORKERS. The State of Florida will not intentionai!v publicly-funded contracts to an.,.' contractor who knowingly emplox s unauthorized 2,1ien workers, constituting a violation of the employment provisions co'tinned in 8 L' 5 C. Scc:',on 1324ale) [Section 274A(e) of the Immigration and Nationality Act ~"INA"/]. Thc Depamment shall consider the employment by an?' contractor'of unauthorized aliens a violation of Section 274A of the INA. Such violation bv the Fee Appraiser of the employment provisions contained in Section 274A(e) oi'the INA shall be ground :bt un il ateral cancellation o f this Agreement by the Department. CONVICTION FOR A PUBLIC ENTITY CRIME. A person or afiiliate who has been piaced on the convicted vendor list followin2 a conviction for a public entity crime ma', .~,~: submit a bid on a contract to provide mn?' eoods or sen'ices to a public entity, ma.,. not a bid on a contract v,'ith a public entity for'the construction or repair ora public buiidin,:- or public work. mav not submit bids on leases of real property to a public entity, ma', not ~e awarded or perform work as a contractor, supplier, subcontractor, or consultant u.4der a contract whh a public entity, and may not transact business with an5' public entity in excess of Categor?' Two for a period of 36 months from the date of being placed on the ~on,.'icted vendor list. t lEADINGS. Each heading shall be for the purpose of identification and is not to be construed as substantb.,e language of any paragraph hereof. OTHER I'ROVISIONS. This Contract is executed in and shall be t:ovemed by thc ia,.,'s e: the State of Florida. Wherever possible, each provision of this Co~'tract shall ge interpre~e,2 FCT Fee Appraisal Con~ract re,.' 6 I 07 Jul.'. 2% IOO7 in such manner as to be effective and valid under applicable lay u fany prox :s~,,n of ::,,:: Contract shall be prohibited or invalid under applicable law. suc~ provision shall ineffective to the extent o£such prohibition or invalidity. ' without in('alidatint~ thc roma:acer or'such provision or the remaining provisions of this Contract..~n.,.'~actmn hereon or in ¢°nnecti°n herewith' shall be br°ught in Le°n C°unty' Fl°rida' I I 30. TitlP, D PARTY. This Contract is neither intended, nor shall it be construed, tt ,-':,mt ar.'. rights, privileges or interest in an.'.' third part)' without the mutual~wrhten aereemcn: of:h:: parties hereto, i!e ! a0. ENTIRE AGREEMENT. This Contract· and all Attachments h to. represents :he enl:rz agreement of the p,'mies. Any alterations, variations, chances, mbdifications or waivers o:' provisions or'this Contract shall be valid only when they have helen duly executed by each ,,t' the parties hereto, and attached to the ori~,inal ofthis Contract. !e l al. TIME. Time is of the essence with regard to all dates and times t forth in this Contract IN WITNESS WHEREOF. t~is Contract has been duly executed and is efta'clive day and }'ear first above written. FLORID.-\ COMML,~ITIES TRUST EXECUTIVE DIRECTOR Dale: APPRAISER.'S NAME Date: APPRAISER'S FEDERAL TAX I.D. or SOCIAL SECURITY NUMBER:I! APPRAISER:S ADDRESS 3 FCT Fee -\ppraisal Contract re,. 6'1 07 Jul.',' 29. to07 i0 APPROVED ,,\S TO FORM AND LEGALITY TRUST COUNSEL DaTe: FCT Fee Appraisal Contrac~ rev 6,'1/o7 July' '~0 10,')7 ATTACHMENT D FLOF~IDA CO,NIML~ITIES TRUST .-\PP~'L4.ISAL RSPORT FOR.MAT MANUAL I. INTROI)UCTION: This .-\p?raisai Report Format Manual is to be utilized by tee appraisers whc:~ preparing ar, report For the Florich Communities Trust (FCT/or its erant recipients..-\s stated in Para,..:'raah the attached Contract For Fee Appraisal Services. the appraisal report shall be prepared :~ccordir.,z to the most recent L'nLlbrm Standards of'?ro.t:,s$ional.q/)l~raisal ?ractice approved and aderted thc .q~.~raisa[~qlantk~rdx £oardq£ the .4,~f~raisa! Foundation and .Attachment ..\ to said Contrac: Fee Appraisal services. This lbrmat is intended to assist the lee appraiser in understandin2 the format of the appramai repot:. required by FCT and to assure uni£ormitv of appraisal reports.~Vhile this Format is to Dro'.ide a guide f or adequately supporting data and' other Factual information used to develop mark::: value estimates, it is in no way intended to limit the scope of appraisal in'..est~Tat~ons nor to i'~as :he independc:u .iudgmcnt or '.'alue estimates oFappraisers .411 items presented in this manual should be considered by the appraiser and included in :he repot\. unless othem, ise specified in the assignment. Modification of the format ma,, be made b', FC'T to accommodate requirements of the project. Section II of'this manual discusses general information re~,arding the appraisal report. Sec:ion III sets I~rth the: base Format of the appraisal report. Section"IV outlines the Ibrmat of the aapraisai report when there is a single owner. Section V discusses the format '.,.'hen there are multiple owners. Section 'v'l addresses the Ibrmat '.,.'hen there are mass ovmerships. II. G EN EFL.\L INFORMATION: The appraisa, report shall be divided into sections as outlined bdow. The individual subseciion within the main section ma.,,' var3.' depending upon the type ofproperty under appraisal..4.1! pages shall be numbered and each important heading shown in the Table of Comems. The report shall be on a good grade of 8.5" x I I" paper and bound in book fashion at :he lef: margin. The cover shall be durable and illustrate the tbI/owing: I ) FCT projec~ name. 2) FC'r ?rojec: number. 3 )[.ccal Government Name. and 4) property identification. III. BASE APPILAISAL FOILM..\T: The fee appraisal report shall contain the following sections and sub-sections Omission of.lax item shall be explained in the narrative. · A. Introduction Title Pave (a) FCT project name and number and a brief identification of (b) Name of individual making the report. Effective date of the appraisal. (2) Letter of Transmittal. (31 Table of Contents. SummaD' of Salient Facts: and Final Estimate or' \'alue rSee .4ppe.,dix .4 - Form .4 PP- I r (5) Location map. (6) Su~'ey plat or property sketch. (7'~ Photographs of Subject (in color). (a) Front and rear view of subject's major improvements. Representative views of road and/or water t¥ontage, access and interior of the property. Views of surrounding properties. (Black and white aerials supplemented witi7 a few representative surface photos ma)' be used in (b) and !0 lbr large properties. ~ desired). ' ,d) Photos of an,' unusual features (subject and, or area)which mighti affect value. (8) Statement of Limiting Conditions. Assumptions. specific instructions, etc. (9) Certification: This shall include a signed statement that the appraiser has undisclosed interest in the propertyappraised: that he has personall,, inspecre.2 the subject and the comparables; that the ov,'ner or h,s designateci representative has been given an opportunity to accompan, the appraiser during his inspection of the property: and stafin~ th~ date and amount ,~:alue. Acknowledgment should be made of the material assistance of an,. other person. Qualifications of Appraiser(s) Factual Data (I) Purpose of Appraisal and Definition of Value Estimated. (2) Legal Description (may be included in addenda iflength.~. Reference to addenda shall be made). Sales Histor?' for previous 5 ?'ears and Present ~)wnership. (-i) Citv or Regional Data (should be kept to a pertinent minimum). (5) (a) Social and economic factors directly relating to the property. (b) An5' factors that might affect value. 'g: Factors leading to or indicating support for the highest and best use or'the subject. Neighborhood or Area Data. (a) Social and economic factors directly relating to the property. (b) Any factors that might affect value. © Factors leading to or indicating support for the highest and best use of the subject. (6) Property Data. Location. size. shape, topography, soil. access-and highway frontage. (bi Easements. restrictions and/or reservations. 160-3 ~d~ lei Present zoninl2 .-\vailabilitv or'utilities. Existing crops, pasture, mineral deposits, mercham,mle timber. on value. Existing leases, rentals or use agreements, if any Co Type (purposes). present use. construction and condition. Size and where appropriate method of measurement or' rentable areas. Equipment - description, age. condition and effec: ,,n valuation. Existing leases, rentals or use agreements, ii'an,, · -\n:fiysis and Conclusions (2) Analysis of Highest and Best Use - The report shall state, discuss and suppor: the highest and best use that can be made of thc property. ~iand ant irnprovements and where applicable, machinen, and equipment) tbr x'.h~,:~. there is ~. current market. The valuation shall' be based on this use Thc analysis should include a discussion of legall.v permissible, physical 5 possible, financially feasible and maximally productixe uses. If thc hmhes: and best use of the land differs from that as improved, explanation and .justification shall be provided. Sales Comparison .Approach. tn) Land Value - The appraiser's opinion of the value of land shall be based upon the highest and best use reaardlcss of an,.' ex~stine structure and shall be supported by confirmed, current factual sale~ of comparable lands having like highest and best uses. {b) Improved Value - The appraiser's opinion of value of the propert3 as imp'oved should be supported by confirmed sales of com,arabie improved properties which would offer direct competition to the subject in the local market. t Comparahlcs- ..\ ihurough description of'each comn,::,mh: and ,,;::~.: Ja;a described in Appendix .-\ - 0.00 and tbllowim: subsc~ :lets shall bc :::dudcd. ~See .4ppendix ..l. Form A PI'2 or one wM~ similar .'~;;, Equipment valuation, ifany, should be discussed as ',,, basis and ~u:-:'en estimate. ' ' A tabular summary of adjustments lbr sales compar:~.on shall be mciuded ::' four or more sales are used. Cost Approach: This section shall be in the form ot'comput.mve data. ar:'.an~zed sequence, beginning with reproduct~or',:replacement cost. an,: shall state :he ~ource Ibook and page ifa national se,"vice ~ o£all cost estimates ustC. The dollar amounts of physical deterioration, functional and external obsolescence, or the om,ss~on of same. shall be explained in .narrative form. This procedu::: ma',.' be on:;::ed improvements, both real and ~ersonal for which onlv a saixaee or scrape ::due is estimated. - Income Approach: This shall include adequate factual data to <report each fi':'urc and factor used and shall be arranged ~n de:ailed tbrm to si~,,,., at least ai! ,:,:' lo~.vintz' Estimated gross income. Allowance for vacancv and credit losses. .An itemized estimate of annualized total expenses :ncludine resc:',cs /'or replacements. ~ Capitalization of net income shall be at a market derived rate ~it' possible~ ;bt this type of property and location. The capitalization technique, mc\hod and rate used shall be explained in narrative form supported bv a statement o~' sources of rates and thc\ors. ' Interpretation and Reconciliation of Estimates: The appraiser shall intcmret the foregoing estimates and shall state the reasons why one or more of the conciasions reached in Items (2~. (3} and ~a) above arc indicative of thc market value ,,f the property. Final Value Estimate Allocation: The market value estimate of the land si:all bc allocated to show the contributor,.' values of appropriate class~ ficationsof l;.mc :.', pcs. Differing land types ma',' include, but not be limited to. the Iblh~wing land :'..',es as identified in the appraisal assignment: ' ' (7) 16C-3 (a) Uplands. (b) Non-contiguous uplands. Regulator>.' lands. Wetlands. (e) Submerged lands. Indications of Value based on Units of Comparison: The appraise: shall provide an appropriate "unit of value" for use by thc FCT for ad]us:ment purposes of the final value estimate in the event the subject proper~.x s acreage, square footage or front footage changes up :o 20% of the original size. These units shall be for the land types shown m, mi above. Addenda I I) Exhibits. floor plans, subcontractor estimates or op~mons, etc. w adc support to the report. A copy of the letter from the avvraiser to the l~e=~ owner I s) advisint, of inspection date and requestinc ,,~ ncr. if he so ~ires. to accompany the appraiser. This letter is required. IV. SINGLE O~.VNERSHIP APPRAISAL STANDARDS AND FOR.MAT: Ao Introduction ( I ) Title Page. (2) Letter of Transmittal. (3) Table of Contems. (4) Summar?' o f Salient Facts & Conclusions including Final Estimate of X larket Value and an allocation of land value showing contributor>.' xaiues of appropriate land types as identified in the appraisal assignmem ~5,.,' .4ppendix .~. Form APP- l) (5) Location Map. (6/ Survey Plat or Property Sketch. (7) Color Photographs of Subject. 81 Statement of Limiting Conditions. Assumptions. Specific. Instructions. Etc. (a~ Certification. ¢10) QualificationsofAppraiserls~ Factual Data ~6~ Purpose of Appraisal and Definition of Value Estimated. Legal Description. Sales Histor?' and Present Ownership. City or Regional Data. Neighborhood or Area Data. Property Data. Analysis and Conclusions (3) (4) (5) (73 Highest and Best Use Analysis. Comparative or Sales Comparison Approach with Sales Location Map. Cost Approach. Income Approach. Interpretation. Reconciliation. and Market Value. Allocation of land value classification of land types. Indications of land comparison. D. Addenda V. MULTIPLE OWNERSHIP APPRAISAL STANDARDS AND FORaMAT: The multiple ownership appraisal report should efficiently present the valuation discussions and conclusions of all the individual ownerships. It should provide basic data applicable to all the ownership parcels with a minimum of duplication. Area and market data applicable to all the ownerships within the report may be presented in the base data portions of the report (Parts I. Il. and Ill). The appraisal &each ownership (Pan IV) must be able to stand on its own as an independent and substantive estimate of market value but may incorporate, by reference, information presented in the data portion. Each ownership report ma.,,' be commonly bound but separated bv divider paces. or ma,,' be bound separately. ' - The following format is required tbr use in narrative appraisals &multiple ownership projects: A. Introduction Title Page. (2) Letter of Transmittal. (3) Table of Contents. (4) Location Map. (5) Statement &Limiting Conditions. Assumptions. Specific Instructions. Etc. (6) Qualifications &Appraiser(s) B. Factual Data (~) (2) (3) Purpose of Appraisal and Definition of Value Estimated. Cit,,.' or Regional Data. Neighborhood Data. Co Analysis and Conclusions Pertaining to General market (I) Highest and Best Use Analysis if common to all ownerships. If highest and best ase differs by parcel, include definition and general discu.:sion on which a brief statement in each parcel appraisal may be based. t'2) Comparable Market Data (Include Sales Location MapL rSee .4ppend& .4. Form ,,I PP-2) Cost Approach { I fapplicable, investigationswith local and national cost data. factors of obsolescence, etc. ma.', be presented). Income ..X. pproach isupport capitalization technique, method, rate. '.acanc.,. and credit and other data common to applicable ownerships). Analysis and conclusions of Each Ownership Parcel. (1 } Summary. of Salient Facts & Conclusions. including Final Estimate of Market Value and an allocation of land -value showing contributoD. values of appropriate land types as identified in the appraisal assignment. { 2 ) Location Map. ¢ 3 ) Su~'ey Plat or Property Sketch. ~4~ Color Photographs or' Subject. Statement or' Limiting Conditions. Assumptions. etc.. as Applicable to Specific Parcels. (6) Certification. 17) Legal Description. (8) Sales Histor?' and Present Ov,'nership. (9~ Property Data. (l 0} Highest and Best Use (specific to ownership, by brief statement). (I I ) Sales Comparison Approach I Analysis and comparison of pertinent sales. Reference ma>' be made by sales number' to base data. ) Include sales location map(s). (12) Cost Approach (may be in tabular or summan.' form with references to base data). I 131 Income Approach ~as m Cost Approach). ( l.,tl Interpretation. Reconciliation. and Statement of Market Value. 15 ~ Allocation of land value to appropriate classification of land types. ~16~ lndicalions of land value based on units of comparison. ~Sec Appendix A. Section Addenda Addenda t'General Projectl VI. MASS OWNERSHIP APPRAISAL REPORT FOR~MAT: FCT ma.,.' elect to use a mass appraisal approach, for projects consisting of a large number of relatively similar sized, homogeneous properties in separate ownerships, where the total costs of identificationand appraisal ofsuch ownerships would be relative to the value of each property and th,: expected benefit to the State. The 5-year sales histo~' will not be required except as described in Part 111 (belowl . Mass appraisals will deal with by separate land values only. Improved properties, if any. ',','ill be dealt with by separate contract. ' A. Introduction (It Title Page. ta} Brief identification of property or project. (bi Name or' individual making the report. tc} Effective date of the appraisal. Letter of Transminal. Table of Contents. Summar?' of Market Values by property types. Location map. Survey plat or property sketch of project. Color Photographs of Subject. Representativeviews o froad ancP'or water frontage, access and interior of the project. Viev,,s of surrounding properties. [Black and white aerials supplemented with a few representative surthce or oblique acrial photos may be used in iai and (bi. 16C-3 Photos of an5' unusual t'eatures lsubject and or area} ~.shich m~ght affect '.aluc. <,gl Statement or' Limmng Condmons. Assumption,,,. spccitic instructions, crc. Certification: This shall include a signed statement that the appraiser has no lot the speci fled')interest in thc project area appraised: that he has personall? inspected the project and the comparables. Acknowledgment should be made of the material assistance of an5' other person. (I0'~ Qualifications of Appraiserls). Factual Data Purpose of Appraisal. including brief discussion o f mass appraisal methodolog.,.' used. and Definition of Value Estimated. 12) Brief Legal Descriptionof Project. (May be included in addenda if length.'.'. References to addenda shall be made). 13) Cit? or Regional Data I should be kept to pertinent minimum Social and economic factors directly relating to the property. (bi Any factors which might affect value. {c) Factors leading to or indicating support for the highest and best use of the subject. (4) Neighborhood or Area Data. Social and economic factors directly relating to the property. (b) .amy factors which might affect value. (c) Factors leading to or indicating support for the highest and best use of the subject. (51 Property Data Idescription and discussion of characteristics differentiating subject by general property typesL Location. size. shape, topography, soil. access, road an&or water frontage. Easements. restrictions and/or reservations. (c) (e) l)rescnt zoning and land usc regulations. Availability of utilities. Existing crops, pasture, mineral deposits, merchantable timber, etc.. beating on value. Existing leases, rentals, or use agreements, if an.'.'. Analysis and Conclusions (I) Highest and Best Use analysis (by general property type) - The report shall state and discuss the highest and best use that can be made of each propeR' type. The valuations shall be based on this use. The analysis should include a discussion of legally permissible, physically possible, financially feasible and maximally productive uses, Sales Comparison Approach with Sales Location Map. (Description of sales and sales map may be included in addenda, if desired. ) Land Value - The appraisers opinion of the value of the land shall be based upon the highest and best use regardless of an.~' existing structures and shall be supported by confirmed, current factuai sales of comparable lands having like highest and best uses. (b) Comparables - A thorough description of each comparable. (Photographs and sketches are required ofcomparables on which significant reliance is placed.) (c) A tabular summary.' of adjustments for sales comparison shall be included if more than four sales utilized. (3) Sales Within Project (photographs are not required). The appraiser shall research the project for land sales activity, within the past five years. Whether used as comparable sales or not. such sales shall be stated in tabular form showing date of sale. official record book and page. grantors, grantees, size. and indicated price, Transactions used as comparable sales shall also be included in the sales data section of the report. The appraiser shall discuss the reasons for excluding any subject transactions as comparables. (4) Interpretation. Reconciliation. Statement of Market Value by property types and indications of Value. 16C-3 D. Addenda FORM APP-1: APPENDIX A FORMS AND GENERAL INFOI~M..\TION PROJECT: COUNTY: O'4 .'.'NER: LAND SIZE: IMPROVEMENTS: ZONING: HIGHEST ,AND BEST USE: DATE OF VALUE: FINAL ESTIMATE OF MARKET VALUE: ~Land. Improvements. and Total) ALLOCATION OF LAND VALUE BY LAND TYPE: ASSESSED VALUE: (Land. Improvements and Total) LAND SIZE ASSESSED: DATE(S) OF INSPECTION: OTHER DATA: 160-3 16C-3 FORM APP-2 SALES (MARKET DATA) FOR.MAT (Headings not pertinent may be omitted~ (Headings may be placed in left column APPRAISERS REFERENCE NO.: LOCATION: BRiEF LEGAL DESCRIPTION: GRANTOR: (Lessor. owner] GRANTEE: (Lessee) LAND SIZE: PROPERTY TYPE: O.R. BOOK,'PAGE: ZONING: PROPERTY DATA: [See B- 6~ PRICE: (Sale. Offering, Rent. Etc. J TERMS: (Financing, Lease. Etc. ~ VERIFICATION: lB)' Whom and With Whom) CONDITIONS OF SALE: (Did buyer or seller believe this was an arm-length transaction at market value?) DATE (OF TRANSACTION): PRESENT USE: HIGHEST AND BEST USE: C QMME, VTS: (Other pertinent information. Do not inclu :le analysis or comparison to subject on this page. Attach separate page if alalysis or comparison discussion is to hc included here on each sale. I SKETCH OF COMPARABLE: (On facing page. if possible, with photo. ~ (See A-6.03) PHOTO(S): tOn facing page. if possible, wtth sketch of ,'omparable. J 16~-3 LAKE AVALON I SUGDEN REGIONAL PARK APPRAISAL AGREEMENT THIS APPRAISAL AGREEMENT entered into this ~ day of ~, 1997, is by and .between COLLIER COUNTY, FLORIDA, a political subdivisf~e of Florida (,.h. ere!nafter referred to as. "County"), whose mailing address is 3301 Tamiami Trail East, Naples, ~-iori~3a 34112, and Coastal Engineering Consultants, Inc., a Florida COrporation, doing business as COASTAL APPRAISAL SERVICES (hereinafter referred to as "Appraiser"), whose mailing address is 3106 South Horseshoe Drive, Naples, Florida, 34104. WITNESSETH: In COnsideration of the mutual promises COntained herein, County and Appraiser hereby agree as follows: 1. ASSIGNMENT - The real estate which is the subject of this appraisal assignment is legally described on Attachment "B" to this Agreement (Lake Avalon PUD, LESS the Lake Avalon Professional Center as reCOrded in Plat Book 17, Pages 90-91, of the public records of Collier County, Florida.) 2. STANDARDS AND REQUIREMENTS - Appraiser' shall provide County with a narrative appraisal report which conforms to alt applicable standards as set forth by the Uniform Standards of Professional Appraisal Practice (USPAP), 1997 Edition (The Appraisal Foundation) governing the development of a COmplete appraisal, communicated in a self-contained appraisal report format. While this Agreement is between Appraiser and County, Appraiser shall, in addition to the standards set forth in USPAP, abide by the standards and guidelines for the development and reporting of a real estate appraisal for FCT as set forth in Attachment "A" ("Instructions and Acceptable Procedures for Appraisal Assignments"), Attachment "D" ("Florida Communities Trust Appraisal Report Format Manual"), and Attachment "C" (specifically, Paragraphs 4, 13, 14, 19, 26, 29, and 30 of the blank FCT form "Contract for Fee Appraisal Services"). 3. DUE DATE - On or before September 15, 1997, Appraiser shall submit an unbound, uncertified, draft photoCOpy of the appraisal report to County for review. Within one week following notification from County that the draft appraisal is accepted and approved, Appraiser shall p,ovide to County four (4) wdtten appraisal reports, each with original signature and color photographs. 4. INVOICING AND FEES - Unless the provisions of paragraph 6 are invoked regarding alterations in the scope of work to be performed, a fee of $4,500 shall be paid to Appraiser by County following complete County review of the wdtten appraisal report, or if required, following receipt from Appraiser of appropriate substantive and factual corrections which may be requested by County. 5. THIRD PARTY REVIEW - Appraiser understands and is aware that after the appraisal is accepted by County: (a) the appraisal will be submitted for review to the Florida Communities Trust (FCT), a non-regulatory agency of the Flodda Department of Community Affairs; (b) FCT will contract with an independent state certified general real estate appraiser to review the appraisal on behalf of FCT; and (c) the FCT review appraiser may require Appraiser to respond orally and/or in writing to questions concerning the development and reporting of the appraisal, event to the extent of amending the appraisal report to delete or include specific information. 6. FEES FOR REVISIONS - Both Appraiser and County understand and are aware that involvement by the FCT contract review appraiser, to the extent that such involvement results in Appraiser amending a completed appraisal report, constitutes an increase in the scope of work required of Appraiser beyond that COntemplated at the time of execution of this Agreement. Appraiser hereby acknowledges that the fee paid by County (reference Paragraph 4, above) constitutes full payment for any and all additional research and to amend the appraisal in response to requests made by FCT's contract review appraiser. 7. COMPLETION / CORRECTION - If a substantially completed written appraisal report (original) is delivered to County by the due date, or by a date mutually agreed upon, but which report fails to comply with the USPAP, or which report contains errors or omissions from within either the body or the addenda, Appraiser shall, within fourteen (14) calendar days from the date of notification by County, furnish such corrected and/or additional pages which will bdng the appraisal report into COmpliance with the USPAP and/or COrrect such errors and omissions (if any). No penalty for late performance will be charged against the Appraiser within said 14 day period. Nor shall Appraiser charge County any additional fees for bringing wdtten appraisal reports into compliance with the USPAP, for correcting any errors, or for providing previously omitted materials. 8. LATE PENALTIES I EXTENSIONS FOR CAUSE o It is acknowledged that time is of the essence, and that the following schedule shall govern the assessment of penalties for late performance: (a) In the event that the written appraisal report containing the estimates, opinions and conclusions referenced in Section 1 of this Agreement, is not completed and submitted to County in accordance with the due date as set forth in Section 3 of this Agreement; then County at its discretion may reduce the fee payable to Appraiser, as set forth in Section 4 of this Agreement, by five percent (5%) for each week, or portion thereof, for every week the written appraisal report is past due; or (b) In the event that circumstances beyond the control of Appraiser cause completion of the written appraisal report to be delayed beyond the due date as set forth in Section 3 of this Agreement, and prior to said due date there is a mutual understanding between the parties to this Agreement that such delays were beyond the control of Appraiser, County may issue an extension of the due date without penalty. Said extension shall cite the reason for delay in completion of the appraisal report and shall set a new due date for submission of the report. 9. CONTRACT ADMINISTRATION - The Real Property Management Department Director or the Director's designee (hereinafter referred to as "Contract Manager"), shall be responsible for ensuring performance under the terms and conditions of this Agreement. 10. MEETINGS - Appraiser shall meet with the Contract Manager to discuss the appraisal (and/or updated appraisals) of the Property. Time(s) and place(s) of meeting(s) shall be established by mutual agreement of the parties to this Agreement. 11. CERTIFICATE OF APPRAISAL - The Certificate of Appraisal shall be signed by Douglas J. Dane. In addition, at the discretion of Appraiser, one (1) associate appraiser, either working in a contractual relationship or as an employee of Appraiser, is hereby authorized by County to sign the Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals under the terms of this Agreement must be properly identified In the written appraisal report(s). 12. CONFIDENTIALITY - Appraiser shall neither discuss nor divulge the contents of the written appraisal reports relating to the Property with anyone without the approval of the Contract Manager. Further, Appraiser shall save harmless the County from all claims or liabilities, including court costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or employees, and shall not engage in any business transactions involving any of the properties appraised under the terms and conditions of this Agreement for a period of one year from the date of valuation of the latest appraisal, or updated appraisal, of any of the Property. 13. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT - By the execution of this Agreement, Appraiser warrants that it has not employed, retained, paid, or agreed to pay, any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Appraiser further wan'ants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer agent, employee, subcontractor, or consultant to the Appraiser in connection with any appraisal work performed or contemplated under the terms of this Agreement, without prior County approval. Appraiser further warrants that there shall be no transfer or assignment of any part of this Agreement, except by the written approval of the Contract Manager. For breach or violation of this warranty County shall have the right to terminate immediately this Agreement without financial obligation, or to pursue any other available remedies. 14. WORKERS' COMPENSATION INSURANCE - Appraiser shall provide coverage for all of its employees as required by the State of Florida Workers' .C?mpen. s.ati?n L. ,a?. Said_.covem..ge s.ha!! be for statutory limits in compliance with applicable state ano teoeral laws. i ne policy sna. include employer's liability with a minimum limit of $100,000 each accident. 15. GENERAL LIABILITY INSURANCE - Appraiser shall maintain ~uri.n~ the te.rm of th!s Agreement comprehensive general liability coverage, including oooily InJury ano property 16C- Pave 3 damage, in an amount not less than $300,000 combined single limits. Collier County shall be named an additional insured on said policy. 16. AUTOMOBILE INSURANCE - Appraiser shall maintain business auto liability insurance coverage with minimum limits of $300,000 per occurrence, combined single limits for bodily injury and property damage liability. This shall include owner vehicles, hired and non-owned vehicles, and employee non-ownership. Collier County shall be listed as an additional insured on said policy. 17. INSURANCE UNDERWRITER RATING -All insurance policies required in Paragraphs 14 through 16 shall be issued and written with a company, or companies, authorized to engage in general liability and public liability insurance in the State of Flodda, authorized to do business in the State of Flodda, and which company, or companies, hold no less than an "A" rating as to financial strength as reported in Best's Key Rating Guide, published by A. M. Best Company, Inc. 18. INSURANCE CERTIFICATES - Appraiser shall deliver to the Contract Manager, prior to the appraisal of the Property, those certificates of insurance which cleady indicate compliance with the insurance requirements of this Agreement. 19. INDEMNIFICATION - Appraiser shall indemnify, hold harmless and defend the County, its agents and employees from all suits and actions, including attorney fees and all costs of litigation, and all judgments of every name and description, brought against the County as a result of loss, damage or injury to persons or property by reason of any act, or failure to act, by Appraiser, its agents or employees. 20. PUBLIC RECORDS - Appraiser acknowledges that the written appraisal reports, including the materials contained in their addenda, which shall prepared under the terms of this Agreement, shall become the property of County, and that County may disclose the information contained therein at its discretion, and in accordance with the provisions of Chapter 119, Florida Statutes. Further Appraiser acknowledges that County may terminate this Agreement should Appraiser refuse public access to all documents, papers, letters, or other materials made or received under the provisions of this Agreement. 21. TERMINATION - This Agreement, or any portion thereof, may be terminated by the parties by providing written notice to the other. Appraiser shall be entitled to receive just and equitable compensation for any satisfactory work completed prior to such termination. 22. NONDISCRIMINATION - No person on the grounds of handicap, race, color, religion, sex or national origin will be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Agreement, or in the employment practices of Appraiser. Appraiser shall, upon request, show proof of such nondiscrimination, and shall post in conspicuous places, available to all employees and applicants, notices of non-discrimination. 23. INTERPRETATION AND CONSTRUCTION - This Agreement shall be governed by, and construed in accordance with, the laws of the state of Flodda; and this wdtten Agreement constitutes the entire agreement between the parties, and there are no other pdor or contemporaneous, oral or wdtten agreements, understandings or promises related to the Assignment. This Agreement may be modified only by wdtten amendment executed by all the parties hereto. 24. ENTIRE AGREEMENT - This wdtten Agreement and all attachments hereto represents the entire agreement between the parties, and there are no other prior or contemporaneous oral or written understandings, promises, and covenants between the parties not so stated herein. 25. NOTIFICATION - All notices shall be given in writing to the parties at the following addresses: As to County: As to Appraiser, Real Propert7 Management Department Eighth Floor, Administration Bldg. 3301 Tamiami Trail East Naples, Florida 34112 Douglas J. Dane, MAI Coastal Appraisal Services 3106 South Horseshoe Drive Naples, Florida 34104 Pa~ 4, IN WITNESS WHEREOF, the parties authorized representatives. AS TO COUNTY: A'FI'EST: DWI~.~It~:. B'R?,~K, Clerk ~D.e15dty Clel~,' ,,'. ' AS/TO Ap.PRAIS,ER: "Witness have hereunto affixed their signatures by their duly COLLIER COUNTY, FLORIDA, a political Coastal Engineering Consultants, Inc., a Florida corporation, doing business as Coastal Appraisal Servicers ~ Approved as to form and I~gal sufficiency: Assistant County Attorney 16C-3 ATTACIIMENT A Instructions and Acceptable Procedures for Appraisal Assignments The Florida Communities Trust {"FCT") is a non-regulatory agency' housed within the Department of Community Affairs. The FCT receives 10% of the total proceeds from the state's sale of Preservation 2000 bonds. Using its Presctwation 2000 allocation, the FCT makes grants and loans to local governments. These monies are used to purchase land from oxvners and to pa,.' the cost of the associated acquisition services from vendors. ' The Florida Communities Trust has developed rules that describe { I ) ho,.,.' project applications from local governments are selected tbr funding [Rule Chapters ")K-4 and 9K-5. F.A.C.] and (2) thc procedures that must be tbllowed for acquisition of approved project sites us,ne Presep.'ation 2000 funds [Rule Chapter 9K-6. F.A.C.}. ~ Pt, lc Chapter 9K-6. F.A.C.. requires that land be appraised to determine its market value. L'nder provisions of that rule chapter, the fee appraisal(s) ma.,.' be ordered either bv the FCT or bv the local government grant recipient. The tee appraisal{s) must be performed to the standard' outlined in Rule 9K-6.007. F.A.C. Pursuant to Rule 9K-6.00716). F.A.C.. ifa property value is $500.000 or less· only one appraisal o is required. Ifa property value is greater than $500.000. two appraisals are required. After the tee appraisalfs) is completed, an appraisal review is performed by a rcvie~v appraiser under contract with FCT. The purpose of the appraisal review is to determine a maximum approved purchase price, which is thc basis of all negotiations with a land owner and the basis of funding participation by the FCT. The interests ofth~ State of Florida and the local government grant recipient must be protected throughout the land buying process. The appraisal and appraisal review component of the transaction are therefore especially important. The purpose of this Attachment is to set forth the steps necessary, to accomplish FCT's appraisal process and. ultimately, a successful real estate transaction. Fee Aporaiser Contract Attachn~nt A rev 61~/97 Ju,y 29, 1997 16C-3 One measure ora successful real estate transaction is that it is timely concluded. Theretbre. time is or' the essence in the appraisal and appraisal review process. The Uni/brm Standards of ProJkssional Appraisal Practice I USPAP) of the Appraisal Foundation defines "appraisal" as: the act or process of estimating value: an estimate of value Additionally. when describing an assignment under this contract, the term "appraisal" shall also include the process and all activities necessar?' to meet the contract requirements. For each FCT appraisal assignment, tee appraiser shall take all steps necessary, in order to certify: that the appraisal has been conducted according to the most recent L'ni/brm Standards of Professional .4pDrais~d Practice approved and adopted by the Appraisals Standards Board of the Appraisal Foundation: and ~b) that the appraisal required tbr that particular project site has been conducted in accordance with the procedures described herein. Appraisal services shall be conducted in accordance xvith the most recent USPAP adopted by the :\ppraisal Standards Board of the Appraisal Foundation. associated USPAP Statements and Advisory Opinions. and the terms and conditions set forth in the Contract to which this document is attached and made a part. Appraisals shall be reviewed by a review appraiser who is employed by or under contract to FCT. The review appraiser must meet the same qualifications as appraisers who conduct the appraisals. The review appraiser must certify to FCT that the appraisals have been conducted substantially in accordance with Rule Chapter 9K-6. F.A.C. and with the Uniform Standards of Professional Appraisal Practice. and must certify the appraised value(s) of the subject real property before FCT will use the appraisal tbr negotiation purposes. Review appraiser for this Contract ('hereinafter "review appraiser") shall be: Attachment A rev 6/2/97 July 29, I~? 16C-3 Name: Address: Kurt Schoenrock. President Suncoast Appraisers 1041 Fawn Court Oldsmar. Florida 34677 Telephone: Electronic Transmission: 813;789-9898 813,786-5189 Once this Contract is executed, the review appraiser shall Interpret and coordinate appraisal instructions to tee appraiser(s) under contract to Florida Communities Trust. The purpose of the instructions and coordination is to promote an understanding of the appraisal assignment in order to minimize the possibility of a divergence of market value conclusions in the final appraisal reports. Interpretation and coordination services shall be provided by review appraiser immediately upon the notification by FCT that thc fee appraiser is under contract. The fee appraiser must contact the desio~natcd review appraiser immediately upon receipt of the notice to proceed from FCT :md heft, re work is initiated. Florida Communities Trust '.','ill furnish to review appraiser a copy ol'this Contract and available infi~rmation, including appraisal maps or certified surveys. Icual. descriptions, tax identification numberl s) and title reports for properties that are thc sul~jcct ot' the fee appraisal assignment. lnfor~ If available. Florida Communities ]'rust '.'.'ill furnish to fee appraiser and rex Jew appraiser title reports, tax identification numberls), legal descriptions and appraisal maps or certified surveys upon execution of this Contract. Thc appraisal map or certified survey acreage, it' furnished to I'ec appraiser by FCT not less than 15 days prior to Appraisal Report Due Date. shall supersede an.',' acreage previously provided. 'T \ ra' al o' ct d 'fie ' N Each Request lbr Appraisal is numbered in a manner that corresponds to the FCT grant and project number under which the land will be purchased, lhis FCI Appraisal Project ldcntification Number is important. It should appear on ever5.' document relating to the assignment, including any correspondence, the appraisal report, invoices, and an.,.' other material relating to the appraisal or maintained bv fec appraiser. ~e AC4~ra~$er Contract Attachn~nt A rev 3 w' w Fee appraiser is required to contact the properly owner or designated representative by letter. The letter shall advise of the appraiser's scheduled inspection date and request the owner or a representative to accompany the appraiser, if they so desire. If the o%vner and/or representative does not accompany the appraiser on the inspection allowing the opportunity for the owner to share information, it is strongly suggested that the appraiser contact the owner and/or representative by telephone. This will allow the appraiser to question the owner/representative directly and for the owner/representative to share with the appraiser any information they believe to be pertinent to the appraisal of the subject properly. A copy of the owner contact letter shall be included in the Addenda of the appraisal reporl. itta ' Within the contracted period of time. the fee appraiser will submit three 13) original appraisal reports, in the format described in Attachment D, to Florida Communities Trust. All three original appraisal reports will be forwarded to FCT for review. FCT will verif,v that the required three original reporls have been sabmitted in the proper format by the fee appraiser. A raisal v' w Within three (3) working days of receipt of the reporl, FCT will tbrward the report and a Request tbr Appraisal Review to the review appraiser. The Request for Appraisal Review will contain a deadline that is twenty-one (21 ) calendar days from the date the review appraiser receives the request. This timeframe may be modified by FCT. at its sole discretion, in extreme circumstances. Extensions of the review time period may be granted by FCT only if written notification &such request is received from review appraiser prior to the end of the twenty-one (21) day time period and with the approval of the Executive Director of FCT. Upon receiving a Request for Appraisal Review from FCT. the review appraiser will begin a desk review of the appraisal reports(s) in order to deliver a Memorandum that certifies (a) that all the appraisals required for that particular project site have been conducted substantially in accordance with Rule Chapter 9K-6, F.A.C.: that the appraisals have been conducted according to the most recent Uniform Standards of Professional Appraisal Practice approved and adopted by the Appraisals Standards Board of the Appraisal Foundation: and Fee Affiraiser (~on~ract At tach~n~ A rev 6/2/97' Ju{y 29, 1~? 16C- (c) the appraised valuels) of the subject real property and "the maximum approved purchase price." t'ollowim2~ the method o f calculation in Rule ~)K.6.007(' "~ ). F.:\.C. An appraisal report shall only be used lbr determination of maximum approved purchase price or real estate contract negotiation after it has been approved by review appraiser. .4pproval requires that review appraiser shall certify the appraisal report as stated above, which includes certification of the appraised value(s) of the subject real property. This certified appraised value shall lead to a determination of"the maximum approved purchase price" for ~arposes of real estate contract negotiations. When a report is not certified as stated above, the review appraiser may find that the appraisal report is acceptable based upon the review appraiser's determination of technical sufficiency and conformance with the appraisal assignment. Determination of acceptability shall require that thc review appraiser take ail steps necessa~* in order to certify, in accordance with Rule 9K-6.007(7)(b). F.A.C.. la) that the appraisal required for that particular project site has been conducted substantially in accordance with Rule Chapter 0K-6. F.A.C.: and (bi that the appraisal has been conducted according to the most recent L'nitorm Standards ofPr(~'essional ,qppraisal Practice approved and adopted by the Appraisal Standards Board of the Appraisal Foundation. The t;~c appraiser shah not be compensated for the remainder of the compensation as stated in paragraph seven {7'} of the Contract for Appraisal Services until the review appraiser, at a minimum, determines the appraisal report is accet~table. When the review appraiser finds a report is technically insufficient or does not meet FCT contract requirements and appraisal assignment, the review appraiser shall find the report unacceptable. No compensation shall be paid to the lee appraiser for appraisal reportls) determined to be unacceptable. Wh n t' n. t e, ks I N .a_~ In the course of an appraisal review assignment, review appraiser may request that pages ora fee appraisal report be corrected. When this occurs, three sets of the amended pages are requested directly from the lee appraiser and should be sent directly to the review appraiser. When received by the review appraiser, all superseded pages are moved to the back of the appraisal reports and the amended pages inserted in the correct place in the reports. ~ee Aporaiser Contract Attachment A rev 6/2/97 Jury 29, 1(;97 16C-3 If clarifications, additions or corrections are required prior to approval of the appraisal report, the review appraiser shall notify tee appraiser. Upon a written request from review appraiser, fee appraiser shall provide clarifications, additions or corrections to the Appraisal Report at no additional cost. Minor clarifications, additions or corrections may be required within as little as forty-eight (48) hours of the request from review appraiser. Fee appraiser shall furnish the required clarifications, additions or corrections within five {5) working days of notification at no additional cost. If clarifications, additions or corrections needed are length.,,' and detailed. additional time may be requested in order to properly respond. Submittal of the clarifications. additions or corrections, if any. by review appraiser to the FCT shall be as provided above. The review appraiser shall have three {3) working days to review and approve the clarifications. additions and corrections. In the event the required clarifications, additions or corrections are not submitted within the stated time and additional time is not requested, the contract compensation stated in Paragraph 7 will be reduced by I% tbr each day the required submittals are late. If further clarification, additions or corrections are needed, the process described in this paragraph is to be followed until the Appraisal Report is approved and payment is approved, as described in this Contract. W 'n A a'sa · o ' f' N'oni~ h' There may be occurrences where value conclusions of tv.'o appraisals differ significantly. Two appraisals shall be considered to differ significantly if the higher of the two values exceeds 120% of the lower value. Review appraiser shall attempt to rectify the two appraisals prior to concluding the desk review. Once the significantly different value conclusions are rectified, review appraiser shall proceed to complete the appraisal review assignment. Immediately upon a determination that significantly different value conclusions cannot be rectified, review appraiser shall advise FCT in writing (Memorandum of Notice of inability to Rectify Significant[.,,' Different Value Conclusions) that the appraisals cannot be rectified i~ order that Florida Communities Trust can determine whether to order a third appraisal report as provided for in Rule 9K-6.007( 7){1). [:.A.C. W e ~ i ov ' -~ b 'u t d N w ' eV ' , , ' ' After the real estate contract is negotiated, but betbre a closing occurs, the FCT or the local government grant rec!pient will order an updated certified survey and a title ir. surance Fee Appraiser Contract Attachment A rev 612197 July 29, 1997 16C-3 comnfimmnt. These documents often reveal matters that ma.,.' hax e an impact, either posmxe or negative, on the value of the property {i.e.. difference in acreage, di florence in percentage of wetlands to uplands, outstanding interests, casements, encroachmcnts, crc. ). Thc rcal estate contract was negotiated based upon thc maximum approved purchase price. 'thc review appraiser may be required to re-examine the tee appraisals using thc updated intbrmation. In these cases, the FCT will tbrward the updated information to review appraiser tbr a detcmfination of the effect, if an.,,', on the maximum approved purchase price that was previously determined by review appraiser. If clarifications, additions or corrections are required prior to any adjustment to the maximum approved purchase price, the review appraiser may notify the tee appraiser. L'pon a written request from the review appraiser, the tee appraiser shall provide clarifications, additions or corrections to the Appraisal Report at no additional cost. Minor clarifications, additions or corrections may be required within as little as forty-eight ~48) hours of the request from review appraiser. '[he fcc appraiser shall furnish the required answers, additions or corrections v, ithin five working days of notification at no additional cost..qubmittal of the clarifications, additions corrections, it' any. by rcviexv appraiser to thc FCT shall be as provided abo: c. 'Ibc rex appraiser shall have three (3) working da.', s to rm, iow and approve thc clarifications, additions ai'ld corrections. If this examination necessitates an adjustment to thc maximum approved purchase price, either upward or downward, review appraiser ,.,.'ill report this finding in a Revised *lemorandum of Certification that supersedes the earlier Memorandum. Time is of thc utmost importance at this juncture. It is possible that a closing xvill be scheduled or an option agreement will be near expiration ,.,,'hen this information becomes available. l'hereforc, review appraiser must immediately respond to FCT Contract Manager's request for a re-examination and recertification of thc maximum approved purchase price. "ilure m a w't v'.w~ "s W t 'V,x' · ov ( .,~ ' ~ s h d' t d t N w n :rio v al ( Iv ' a Srv · r 'ti :\t this Foint in the appraisal process the tee appraiser has received total compensation as set forth in Paragraph 7 of the attached Contract l'br Fee Appraisal Services for the appraisal services rendered. Therefore. no monetary penalties can be assessed by FCT if the fcc appraiser does not timely respond to the review appraiser regarding final adjustments to the maximum approved purchase price. ! [owevcr. it' thc fcc appraiser docs not respond to the review appraiser as stated above. [:CT v, ill take the lbllowing action: Fee A~oraiser Contract Attachment A rev 6/2/97 July 29, 1997 7 Notify the Florida Department of Environmental Protection. Division of State Lands. Bureau of Appraisal. Notif.v the Florida Department of Business and Professional Regulation. Notify'. the Florida Real Estate Appraisal Board. Fee Appraiser Contra~t rev 6/2/9? July 29, 1997 8 r[ortd4: and of part of Collier County, 16C-3 Range 25 East, Co~[[er County, ~toc[da, and pert of AVALON £STATCS. U~Z? ~0. l, according Co the pt~t thereat recorded tn PleC Sc)ok o~ S~cctan 13. T~n~hLp SO South, Rinql 2~ ~a~C, Collier Cau,,cy P~bttc R~orde, end e~oflq the south LLfle et pegs S?, Co,liar County f~bl~c R~ordl, ~orC~t It'57'34' cornet o~ ~c ~ o~ 8~k 'B' o( .*td Cut,ford Acce~: the~o 4long ~ht iouth ~Lnl et that ZoO de~crLhd Lfl O.N.. r~orded Ln P]4C ~k ~?, pege~ ~0 through 11, Co~iier County, vhich ~ere South 04']~'S?' ~IC 12E.14 Sou~h 05'51'0]' C~st 30.4( feet: ~hrough 4 central 4nqle of ~4'40'22' 4.d ~tn~ ,ubC~nd~ ~) North 7~'2['35' [amt S7,21 concave notcherty h4v~flg 4 rddlu, o( ~44.0Q feet through c~ntraJ anq~e o( 07'~e'03' and ~.q lubtended by 4 cho~d feet: R} easterly ~.21 f~t nloflq the arc o( 4 non-tdnqonC~4~ ctrcuXac curve concave northerly hav~nq a r~dius Of ~44.00 ~qeC ch~o.qh 4 c~n~raZ 4nqle o( 0~'[0'4~' dnd thence %eavtnq the ~und4~ Of ~lid p~it southerly 1~4.27 along the arc of i non-tangential CirCuieC curve concave easterly hav~nq d radius of /26.ut feet thcough 4 central a,,qlc of 74":0'47' an~ ~tflq mubtonded by a chocd ~hLch Su,,th Ol'le'a~' last 15],00 feet; thnnce S~uth ]~'2~' [0' ~eit 26.~6 ~eet to a ~[fl~ Off northerly r:qht-of-way line et Outer Drive, s deeded rlqht-o~-~ay; along ~he arc o[ 4 circular curve concave southerly having radius nl 170.55 feet throuqh a cen:t4~ angle o[ 42'01'J~' and 12~.32 feet: Or~ve rlq~t-of--ay. South 79't9'39' We,t 490.2? feet to the 4e.33 reef t,) a ~lflt off that line vh[ch Iici 60.00 ~eeC: ~henct mouthvemter~y ~14.I~ teat l~on~ ~he irc o( 4 curve concnve to Lhe nortM~t, h~vtn~ i radium at 7l~.OO line o( Bloct ] O~ liLd &~4~On ~lCl~el UnL~ ~. ? o( IaLd Bi~k 3: f~, ~lng eubCend~ b~ a ~rd vhLch ~4ri So~h ?;'~?'44' Chance 41lng ~hi northerly ee~eniton of chi eeIC line of said ~ 9: 00'13'08' ~esc gS.i~ feet; CheflCe vescerty 29.23 [ee~ eZonq ~he eec at d ciccu~ef curve concdve co ~he noc~h, hev/n~ I rad/ul o( i~l?.]i teaC. · ub~nded by I chord vh~ch ~irm South IS'27'04' Veer, thence Sout~ 8~*~1'~' West Jr.02 feet to m ~:nt on ~he Block 4 and along the east LLfle of saLd OI~k 4. SauCe RZock 4: gouth 89'40'52' Wast 220.00 feet to the Iouth~st corer o( satd ~t 6: thence along the welt line c,( sa&d ~t 6 and along the northerXy extenlion o( the ~mt Ikne o~ i*id ~c $, N.)rth thenc~ norLhvelcerly 2et.l( teat I~onq the ~rC o( * clc:u~ar feet, lubtended by 4 chord vhich ~arl North 78'38'4~' Jilt 281.81 (eeC :o I ~%nt la the noctherIy e,tene~on o( the line o~ 81ock 5 o( ~d AeaXon :~t~tes Unit No. 16C- thence along the northerly extension Bi the ~ast line of said BLock $ and along the east line of sa£d Block $, South O'I]'OB' £aat 52.1¢ feet to the southeast corner of ~ thence along the south ILAe of rots lO and 12 of said ILock South B9'40'$2" Nest }20.60 feet to the southwemt correct thence along the west Lln~ of Lots 12 and Il of ea£d Block and along the northerly eetenslon o~ the wear line of Block 5, North 0'1]'08' ~$est 20].00 feet; thence northwesterly 72.~ ~eet along the arc of a circular curve concave concave to the northeast, having a radius of L351.50 feet, subtended by a chord which beats North §G'00°22' Nest 72.§& feet to a point on the northerly estension at the east line of rot 13 of Block $ of said Avalon Unit No. l~ thence along the no£thetl~ extension of the east line o~ said Block & and along the east line of said Block &, South 0'1~'08' £aat &3.B0 feet to the southeast corner of re& said BLock 6; thence along the sou~h 1[~ Bi ~ts l~ and 15 o~ said alack South 89'40'52' Nest 200.00 geet to the aouthwea~ co~ne~ thence along the wear [[ne at ~te [5 and [4 Bi aatd ]lace and the northerly extension Bi ihs west fine Bi said at~k north 0't]'08' ~eat 240.55 feet; thence South 89'[6'07' Nest 60.00 feet to the no=theaat co,net of ~t 16 on the ex[enaion Bi the east fine Bi Bloc~ ? Avalon Estates Uni: No. ~ence a~oflq C~e flor~e~ly eK~ensLon of ~he eas~ ~Lfle of saLd Block ? ~fld aLon~ ~he eas~ I/ne of sa~d Block 7. LoC 13 16, Sou~h 0'13'08' Eas~ 240,12 fee~ ~o ~he sou~heas~ cachet ~ 13 of saLd Block 7; ~hence alofl~ ~he sou~ line of ~ 13 of 8lock 9, on ~e ~es~ sec~Lon 1Lfle (Sec~Lon 13, To. ship ~0 Sou~h, 2~ Eas~) ~r Avalon EtLa~es UnL~ One Pla~ (PLd~ Book 3, thence No,th 0*13'08' West 239.83 feet along said west section tine and the ~eet line of ~ts t3 through [G to (Bund concrete monument at the northwest cornet o~ Lot t6 o~ aa~d Bl~k 7) thence North 0'26'42' west, 1620.15 feet a[ong ~mt [ina said Section t3 to the ~tnt Bi Beginning; being a port Bi the south [/2 Bi Section 13, To, ship 5~ South, Range 25 East, Collier County, and ~Lnq ail o~ Lots ~ and B, part o( ~ts 5, 6, g, l0 and 11 o( BIock 3, and ~[ng a[[ of ~ts 5 and 6, Block 4, and ~tng Lots t0, tt .~nd [2 of Stock 5 and being all of ~ta 13. 14 and Block 6 and being all o~ ~ts t3, t4, 15 and 16 Bi B[ock 7, Blocks boEnq according to the PLat o~ Avalon Estates Unit No. Plat Book ], page 62, ~bl[c Recordm o[ Col[Le~ County, subject to easements and restrictions o( reco~d: containing tt9.24 ac~ee mote o~ less. ~artngs ~re based on the south line of Gui[(ord Acres. Plat Book page 59, being North 89'57'34' East. WILSON, M{LLER, DARTON, $OLL & PEEK, INC. Rog. Engineers and Land Surveyors CONTRACT NO. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FLORIDA COMMUNITIES TRUST 2555 SHUMARD OAK BOULEVARD TALLAHASSEE. FLORIDA 32399-2 ! 00 CONTRACT FOR FEE APPRAISAL SERVICES This CONTRACT is entered into this __ day ot'~. 19_. between the State of Florida. Department of Community Affairs. Florida Communities Trust I hcreinafter re(erred to as ("Department"}. and ~~. {hereinafter ret'erred to as "Fee Appraiser"). WITNESSETH: In consideration or' the mutual promises contained herein, the Department and Fee .Appraiser agree as follows: PURPOSE. The purpose of this Contract is to describe appraisal services necessary, to make a written report of the estimate of market value of certain described properties. Such report is to be rendered by Fee Appraiser to the Department for the benefit of the Florida Communities Trust (hereinafter referred to as "FCT") in accordance with this Contract and all attachments hereto. The FCT is a non-regulatory agency housed within the Department. FEE APPRAISER SELECTION. Fee Appraiser was selected according to the terms specified in Invitation to Submit Quote. attached hereto as Attachment B and made a part hereof, to which Fee Appraiser submitted the lowest qualified responsive quote. A copy of the Quote to Florida Communities Trust for Appraisal Services is attached hereto as Attachment C and made a part hereof. PROPERTY TO BE APPRAISED. The parties hereby agree that the appraisal services rendered under this Contract shall include all properties described in Attachment B. STANDARDS FOR FEE APPRAISAL SERVICES. For this appraisal assignment. Fee Appraiser shall take ali steps necessary in order to ensure that the appraisal is conducted according to (a) the most recent Uniform Standards of Professional Appraisal Practice FCT Fee .Appraisal Contract rev 6/I/g7 July 29, 1997 16C-5 approved and adopted by the Appraisals Standards Board of the Appraisal Foundation: and (b) Attachment A. incorporated herein by ret'erence and made a part hereto, which describes the services to be pertbrmcd and acceptable procedures that shall be tblloxved in the appraisal process. When examining comparable sales. Fee Appraiser is cautioned that sales to governmental entities represent a "public interest value" and may not represent the market value of the subject site had the site been acquired l"or a private sector use. For appraisals prepared under this contract. Fee Appraiser is advised to avoid use of sales to governmental entities as comparables for the site that is the subject of the appraisal reporL A discussion of the sale to a governmental entity would be appropriate. Transactions involving purchasers whose intent is to prese~'e/conserx'e privately-owned natural lands should not be considered as reliable evidence in support of the market value ora site t See l'aluation lnsi3,,hts t~. Perspectives. .tppraisat Institute. ~'ol. 1 .Vo 2. Spring t 9963. OTHER DUTIES THAT MAY BE REQUIR. ED. Fee Appraiser may. tinder the terms of this Contract. be required to I 1 ~ act as an expert wimess on behalf of the Department. in ci,.il and ,tdministrative proceedings, with respect to appraisal sec'ices furnished by Fee Appraiser: and ~2~ respond, within fifteen I 1 53 days of receipt of the inquir}', to audit inquiries '.\hen required x~ith respect to appraisal serx ices furnished by Fee Appraiser. INI)IVID! 'Al, ..\S INI')EPENDENT CONTRACT()R PERFORMING ..\PPR:\IS..\I.. It is hcrcbx ttndcrstood bctxvccn the contracting parties that work performed tinder this Contract shall be certified by ~. an individual upon whose credentials this Contract is ax~arded. Fee Appraiser shall pcrtbrm as an independent contractor and not as an agent. representative, or employee of the Department. X. Vhcn the named indix'idual is employed by a company and is not a sole proprietor, it is further understood that if the individual named in this paragraph leaves the employ of ~~. then thc contract shall go with the named individual. The named individual's acknowledgement on thc signature page of this Contract indicates the named individual's understanding of this paragraph. TIMELY EXECUTION OF CONTRACT. If this Contract is not executed by Fee Appraiser and returned to the Department within ten ~ IO~ working days from the date of mailing by FCT. the Contract shall be null and void and no compensation will be paid to thc Fee Appraiser tbr any work performed bx :he t'ec Appraiser. II'this Contract is not timei.,. executed by Fee Appraiser. thc [)cpar:,mcnt ,hall have thc right to select thc next res?nsixc quail fled respondcr to the Request for ~)ut,tc,~ ur~,n xx hich this selection v, as made and this FCT F ce -\p!r. raisal Contract Jul.; -"}. I`}`)7 I0. 11. 12. £'ontract awarded. Ct)NIPENSA I'lt)N. lhe l)cpartmcnt agrees to compensate Fee Appraiser at a lump sum payment of $ __. pursuant to the Quote to Florida Communities Trust lbr Appraisal Services attached hereto as Attachment C. tbr appraisal services rendered under the terms of this contract This is a lump sum contract and total compensation shall include all travel and incidental expenses. The State of Florida's pertbrmance and obligation to pay under this Contract are contingent upon an annual appropriation by the Legislature. CONTIL-kCT TEILM. The date of this Contract shall be the date that the last party executes the document and as stated on the first page of this contract. The term ofthis Contract shall begin on __. xvhich shall be no more than five ¢5) working days trom the date or'the Contract. Unless otherwise provided herein, the provisions of this Contract shall remain in tull lbrce and effect lbr one .'.'ear from the date of the Contract. or through completion of all services required of Fee Appraiser. whichever occurs first. .4. PPRAISAL REPORT DUE DATE. Notwithstanding the contract term described in Paragraph 9. the Appraisal Report shall be due on l"Appraisal Report Due Date"). EXTENSIONS OF APPFL,\ISAL REPORT DUE DATE. The Department ma.,.' extend the Appraisal Report Due Date set tbrth in Paragraph O. Extensions of the time period in Paragraph 9 may be granted only if written notification or'such request is received by thc Department at least five (5) working days prior to the end of the time period in Paragraph O. and ~vith the approval of the Department. and shall be subject to the provisions of Paraeraph - TERMINATION. This Contract may be terminated bv either party by giving ~witten notice at least three (3) working days betbre the effective dat~: of termination. Irthe Department terminates this Contract. Fee Appraiser shall be entitled to receive just and equitable compensation tbr any satisfactory authorized work completed and submitted as of the termination date as determined by the Department. If the Fee Appraiser terminates this Contract. no compensation shall be due to the Fee Appraiser. Further. thc Department shall have the unilateral right to cancel this Contract and to pursue a,v other available remedies under the tbllowing circumstances: a. Breach or violation of any of the provisions of this Contract. FCT Fee Appraisal Conlracl rev 6, D~17 July 29. IOO7 13. 14. 15. I O. Failure of Fee Appraiser to submit appraisal report by thc duc date stated in Paragraph 10. unless extended by FCT. In the instance of such l'ailure to submit appraisal report, no payment will be due Fcc Appraiser. Ret'usal of Fee Appraiser to allow public access to all documents, papers, letters, or other material made or received in conjunction with the Contract pursuant to the provisions of Chapter I 19. Florida Statutes. except records deemed confidential under the provisions et'Sections 125.355 and 166.04.5. Florida Statutes and Rule Chapter 9K-6. F.A.C. CONFIDENTIALITY. Fee Appraiser agrees to maintain confidentiality of appraisal reports. including but not limited to report contents and value conclusions, as required under Rule 9K-6.008. F.A.C.. Section 125.355 I I )tal and Section 166.04511 )~al. Florida Statutes. The Parties hereby acknowledge that the Statement of Appraisal Standards No. 5 (SMT-5)et'the L'niJbrm Standards of Proyi'ssiona1.4ppralsal Practice 1994 Edition describes the parties' understanding of the term "confidentiality". CONFLICT. Fee Appraiser agrees not to engage in an.,,' business transactions invoMng any of the real property that is the subject ol"an appraisal assignment pertbrmed under this Contract until FCT completes acquisition of the real property or until FCT provides written notification of termination of the project containing the real properly. MAINTENANCE OF ELIGIBILITY. Fee Appraiser was deemed qualified to respond to the Invitation to Submit Quote based upon inclusion on the list et'approved appraisers of the FCT which includes any appraiser who is on the list of approved appraisers on file with the Division of State Lands. Department of Environmental Protection. Fee Appraiser agrees to maintain this qualification throughout the term of this Contract. :\UTIIORIZATION FOR DUAL E,MPI.OYMENT OR DUAL COMPENSATION. If Fee Appraiser is an employee of the State of Florida. or any of its agencies, then Fee Appraiser shall demonstrate that dual employment has been authorized, in accordance with Section 216.262( 1 )(d). Florida Statutes. and Rule Chapter 60L-4. F.A.C.. by supplying a copy of Department of Management Services form DP-A-15. rev. 6-82. Further. unless Fee Appraiser has provided prior xwitten notice to thc Department to the contraD'. Fee Appraiser warrants that no part of the total Contract amount provided herein shall be paid directly or indirectly to an.'.' officer or employee of the State of Florida as '.,,'ages. compensation, or gifts in exchange for that individual acting as officer, agent, employee. subcontractor, or consultant to the appraiser in connection with an.,.' work contemplated or FCT Fcc .\ppraisal Comract re,, t~, I c~7 July 20. I o,07 17. 18. 19. 20. pcrtbrmed in connection with this Contract. CONTINGENT PAYMENTS FOR SOLICITATION OF CONTI'L.\CT. Fee Appraiser wan'ants that Fee Appraiser has not employed or retained an.',' company or person, other than a bona fide employee working solely for the Fee Appraiser. to solicit or secure this Contract and that Fee Appraiser has not paid or agreed to pay any person, company, corporation. individual, or firm. other than a bona fide employee working solely for Fee Appraiser. an.,.' t'ee. commission, percentage, gilt. or other consideration contingent upon or resulting from the award or making of this Contract. EXCLUSIVITY AND NON-ASSIGNABILITY OF CONTRACT. This Contract is an exclusive and personal contract tbr services and may not be assigned in whole or in part. except as approved by the Department. SUBCONTIL-XCTING. Fee Appraiser shall be responsible tbr all work pertbrmed under the terms of this Contract. Fee Appraiser ma.,.' subcontract as necessa~' to pertbrm the sen'ices. provided that the subcontract has been approved in writing by the Department prior to its execution. It is understood by Fee Appraiser that unless othcrxvise agreed upon. the Department shall not be liable to the subcontractor tbr any expenses or liabilities incurred under the subcontract and that Fee Appraiser shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. SUBMITTAL OF INVOICE. Fee Appraiser's invoice lbr this appraisal assignment must be submitted in duplicate to the Contract Manager and contain sttfficicnt details tbr a proper preaudit and postaudit review and contain thc lbllowing: Fee Appraiser's Name. Federal t.':mployee Identification or Social Security Number. Description of Serx'ice. FCT Appraisal Project Identification Number. date work began and date work ended, and compensation payable as agreed and allocated as follows: 50% of total compensation (subject to liquidated damages if any) shall be payable upon the FCT's cursor2..' review of the appraisal report. The balance of thc compensation tsubject to liquidated damages if any) shall be payable upon FCT approval of the appraisal report, after it has been reviewed and either determined to be acceptable or approveable by the Review Appraiser as defined in Attachment A of this contract. The balance of the compensation shall not be paid until the Review Appraiser at a minimum has determined the appraisal report to be acceptable. FCT Fee &ppra~sal Contract t~'% h, I 07 July 2o. 16C-3 21. 23. 24. 25. ..\PPROVAL OF INVOICE AND SERVICE.S, The Contract .Manager shall approxe the invoice for appraisal sen'ices prior to payment ,md shall indicate on the invoice that the appraisal sen'ices are in general compliance v, ith Contract requirements and indicate il' liquidated damages are to be imposed. Pursuant to Section 215.422. Florida Statutes. the Department's Contract Manager shall have five 15) working days. unless othcnvise specified herein, to inspect and approve the sen'ices tbr payment. During these same five ~ 5 ~ ,,vorking days. the FCT will request a journal transfer of Preservation 2000 funds from the Department of Environmental Protection to the Department's appropriate trust fund. Once the invoice is approved and the journal transfer has occurred, the Department must submit a request tbr payment to the Florida Department of Banking and Finance. u,'hich ma5v require up to 15 days to issue a warrant. Days are calculated from the latter date the im.'oice is received or sen'ices received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received, lm.'oices that have to be returned to Fee Appraiser for correctionlsl will result in a delay in the payment. PAYMENI' FOR TRAVEL AND INCIDENTAL EXPENSES. Travel and incidental expenses in excess of the lump sum amount provided in Paragraph 8 may be provided by the Department in the event that Fee Appraiser is summoned as an expert witness, or the Department requests attendance at a meeting outside of'the coumy where the project site being appraised is located. Ir'authorized. travel approval and reimbursement shall be submitted in accordance with Section 112.061. Florida Statutes. Payment tbr such expenses shall be made after sen'ices are rendered. REDUCTION OF COMPENSATION. It is acknowledged that time is of the essence, and whereas the actual damages to be suffered by late pcrlbrmance arc incapable of accurate calculation, the parties agree to the following as a reasonable estimation thereofi as liquidated damages: In the event the appraisal assignment is not completed and submitted within thc time stated in Paragraph 10. or in thc event the required answers, additions, modifications or corrections are not submitted within the times stated in Attachment C. the compensation other.vise payable tbr thc appraisal assignment in question will be reduced by I% for each day the reviews, answers, additions, modifications or corrections are late. PAYMENI' OF 'FAXES BY TIlE ST.-\I'E OF FLORIDA. Fee Appraiser recognizes that the State of Florida. by virtue of its sovereignty, is not required to pay an5· taxes on the sen'ices or goods purchased under the terms of this Contract. VENDOR OMBUDSMAN. Section 21' "~ ' :>.4~~.F.S. provides that agencies have 5 working davs to inspect and approve goods and sen'ices, unless bid specifications or the P.O. specifies otherwise. With the exception of payments to health care providers for hospital, medical, or FCT Fee .-\ppraisal Contract re',' 6. I 07 July 2o. IOq'' · ' 16C-3 26. 27. 28. other health care services, if payment is not available within 40 days. measured from the latter of the date the invoice is received or the goods or sera'ices are received, inspected and approved, a separate interest penalty set by the Comptroller pursuant to Section 55.03. F.S.. will be due and payable in addition to the invoice amount. To obtain the applicable interest rate. please contact the Agency's Fiscal Section at (.904) 488-6409 or Purchasing Office at {004) 488-8583. Payments to health care providers of hospitals, medical or other health care · services, shall be made not more than 35 days from the date of eligibility of payment is determined, and the daily interest rate is .03333%. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman. ',vhose duties include acting as an advocate for vendors who mav be experiencing problems in obtaining timely payment(s) from a State agency, may b,; contracted at (904) 488-2924 or by calling the State Comptroller's Hotline. 1-800-848-3792. REASONABLY AVAILABLE. The Fee Appraiser agrees to be reasonably available to FCT staff and Review Appraiser for meetings and by telephone during normal office hours l i.e.- between the hours o£8:00 a.m. and 5:00 p.m. Monday through Friday. excluding state holidays.). FCT CONTRACT MANAGER. Thc designated Contract Manager Ibr this Contract shall be responsible/bt ensuring pertbrmance of Contract terms and conditions. The designated Contract .Manager I'or this Contract is the tbllowing: Caroline C. Sutton. Community Program Administrator Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Boulevard Sadowski Building. Room 3 I0 Tallahassee. FL 32399-2 I00 Phone: 904/922-2207 Electronic Transmissions: 904/921 - 1747 NOTICE AND CONTACT. Ali notices provided under or pursuant to this Contract shall be in writing, either by hand delivery., or first class certified mail. return receipt requested, to the representative(s) identified herein and said notification attached to the original of this Contract. FCT Fee Appraisal Co~tract rev 6; I~q7 July ?:~, 19~)7 Thc FCT Contract Manager named in Paragraph 26 above shall be the [:Cl' representative Ibr notification purposes. The Fee Appraiser representative for notification purposes shall be: 29. 31. 32. RECORDS RETENTION AND AUDIT. Fee Appraiser shall maintain such records and accounts, including personal and financial records, as are deemed necessary to assure a proper billing procedure is followed. The records shall be made available upon request for audit purposes to the Department. Those records shall be retained by Fee Appraiser for a period of not less than five years following completion of the Contract. lfany litigation. claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records shall be retained for a period of two (2) years after final disposition or end of audit. P[_'B[.IC ACCESS TO RECORDS. All documents, papers, letters, or other material relating to this contract that are made or received bF' Fee Appraiser in conjunction with this contract. except confidential materials pursuant to Sections 125.355 and 166.{).15. Florida Statutes. or Rule Chapter 9K-6. F.A.C.. must be available for public access and for audit purT~SSes t~r a period of three years after the expiration of the Contract. Fee Appraiser agrees not to divulge any information exempt from the Public Records Act obtained in the course of executing this contract to anyone other than the Department without the express written authorization of the Contract Manager. This provision is without time limit. WAIVER OF RIGHTS. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either part,,,' under this Contract. shall impair any such right, power or remedy of either party: nor shall such delay or failure be construed as a waiver of any such brcach or default, or any similar breach or default thereafter. INDEMNIFICATION. Fee Appraiser shall save and hold harmless and indemnifv the State of Florida against any and all liability, claims, judgments or costs of whatsoever I~ind and nature for injury to or death of any person or persons and for loss or damage to an.,,' propert.v resulting from the use. service, operation, or performance of work under the terms of this Contract. resulting from the negligent acts of Fee Appraiser. Fee Appraiser's subcontractor. or any of the employees, agents or representatives of Fee Appraiser or subcontractor to the FCT Fcc Appraisal Contract re'.' 6 ] ()7 July 29. 1007 34. 35. 36. 37. 38. extent allowed by law. 'l'he Department shall have no liability except as specifically provided in this Contract. ..\TTORNEY FEES. in connection with an.,.' dispute arising out of this Contract. including without limitation litigation and appeals, the Department ,,,,'ill be entitled to recover reasonable attorney's fees and costs. DISCRIMINATION. No person on the ground of disability, race. color, religion, sex. age. or national origin will be excluded from participation in. be denied benefits of. or be otherwise subjected to discrimination in the performance of this Contract. or in the employment benefits of Fee Appraiser. Fee Appraiser shall, upon request, show proof of such non- discrimination and shall post in conspicuous places, available to all employees and applicants, notice of nofi-discrimination. L~AUTHORIZED ALIEN WORKERS. The State of Florida will not intentionally award publicly-funded contracts to any contractor ,.'.'ho 'knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in $ U.S.C. 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 of the INA. Such violation by the Fee Appraiser of the employment provisions contained in Section 274A{c} of the INA shall be ground for unilateral cancellation of this Agreement by the Department. CONVICTION FOR A PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or sec'ices to a public entity, may not submit a bid on a contract with a public entity for the construction or repair ora public building or public \york. may not submit bids on leases or'real property to a public entity, may not be a,.vardcd or perform work as a contractor, supplier, subcontractor, or consultant under a contract ,.vith a public entity, and may not transact business with any public entity in excess or'Category Two Ibr a period of 36 months from the date of being placed on the convicted vendor list. HEADINGS. Each heading shall be for the purpose of identification and is not to be construed as substantive language of an.,,' paragraph hereofi OTHER PROVISIONS. This Contract is executed in and shall be governed by the laws of the State of Florida. Wherever possible, each provision of this Contract shall be interpreted FCT Fcc Appraisal Contract rev 6~1,07 July 29. 1o07 in such manner as to be effective and valid under applicable law. but if any provision of this Contract shall be prohibited or invalid tinder applicable law. such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Contract. Any action hereon or in connection herewith, shall be brought in Leon County. Florida. 39. THIRD PARTY. This Contract is neither intended, nor shall it be construed, to grant any rights, privileges or interest in any third part>' without the mutual ~witten agreement of the parties hereto. 40. ENTIRE AGREEMENT. This Contract. and all Attachments hereto, represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waiver~ of provisions of this Contract shall be valid only when they have been duly executed by each of the parties hereto, and attached to the original of this Contract. 41. TIME. Time is of'the essence with regard to all dates and times set tbrth in this Contract. IN WITNESS WHEREOF, this Contract has been duly executed and is effective the day and .','ear first above written. FLORIDA COMMU,~ITIES TRUST EXECUTIVE DIRECTOR APPRAISER'S NAME Date: Date: APPIL,\ISER'S FEDERAL TAX I.D. or SOCIAL SECURITY NUMBER: APPtL,\ISER'S ADDRESS FCT Fee Appraisal Contract rev 6/I/07 July 29. 1997 lo 16C- APPROVED AS TO FORM AND LEGALITY TRUST COUNSEL Dat~: FCT Fee Appraisal Contract rev 6/I/97 July 29, 1997 ATTACHMENT D FLORIDA COMMb~ITIES TRUST APPRAISAL REPORT FOR~MAT MANUAL I. INTRODUCTION: This Appraisal Report Format Manual is to be utilized by fee appraisers when preparing an appraisal report for the Florida Communities Trust (FCT) or its grant recipients. As stated in Paragraph 4 of' the attached Contract for Fee Appraisal Services, the appraisal report shall be prepared according to the most recent Uniforra Standards of Professional,-tppraisal Practice approved and adopted by the .4ppraisalStandards Board of the .-lppraisal Foundation and Attachment A to said Contract for Fee Appraisal services. This format is intended to assist the tee appraiser in understanding the format of the appraisal report required by FCT and to assure uniformity or' appraisal reports. While this format is to provide a guide f or adequately supporting data and other factual information used to develop market value estimates, it is in no way intended to limit the scope &appraisal investigations nor to bias the independent judgment or value estimates &appraisers. All items presented in this manual should be considered by the appraiser and included in the report. unless other,vise specified in the assignment. Modification of the format may be made by FCT to accommodate requirements of the project. Section I1 of this manual discusses general information regarding the appraisal report. Section !II sets tbrth the base tbrmat of the appraisal report Section IV outlines the format of'the appraisal report when there is a single o~vner. Section V discusses the tbrmat when there are multiple owners. Section Vi addresses the lbrmat when there are mass ownerships. II. GENERAL INFORMATION: The appraisal report shall be divided into sections as outlined below. The individual subsection within the main section may vary. depending upon the type of property under appraisal. All pages shall be numbered and each important heading shown in the Table &Contents. The report shall be on a good grade of 8.5" x I i" paper and bound in book lhshion at the left margin. The cover shall be durable and illustrate the lbllowing: 1 ) FCT project name. 2) FCT project number. 3) Local Government Name. and 4) property identification. 16O-} III. BASE APPRAISAL FOI~MAT: The fee appraisal report shall contain the tbllowing sections and sub-sections. Omission of any item shall be explained in the narrative. A. Introduction i i ) Title Page (a) FCT project name and number and a brief identification of property. (b) Name of individual making the report. C~ Effective date of the appraisal. ~ 2) Letter of Transmittal. (3) Table of Contents. {4) Summary. of Salient Facts: and Final Estimate of Value tSee .4ppendix A - Form .4 PP- 1 ~. (5) Location map. (6) Survey plat or property, sketch. (7) Photographs of Subject (in color). (a) Front and rear view of subject's major improvements. (b) Representative views of road and/or water frontage, access and interior of the property. © Views of surrounding properties. (Black and white aerials supplemented with a few representative surface photos may be used in (b) and ~ for large properties, if desired). (d) Photos of any unusual features (subject and/or area) which might affect value. (8) Statement of Limiting Conditions, Assumptions, specific instructions, etc. 16C- (9) Certification: This shall include a signed statement that the appraiser has no undisclosed interest in the property appraised:that he has personally inspected the subject and the comparables: that the owner or his designated representative has been given an opportunity to accompany the appraiser during his inspection of the property.: and ~ value. Acknowledgment should be made of the material assistance of any other person. (10) Factual Data Qualifications of Appraiser(s) ( 1 ) Purpose of Appraisal and Definition of Value Estimated. (2) Legal Description (may be included in addenda if lengthy. Reference to addenda shall be made). (.3) Sales History. for previous 5 years and Present Ownership. (4} City or Regional Data (should be kept to a pertinent minimum}. (a) Social and economic factors directly relating to the property. (b) Any factors that might affect value. © Factors leading to or indicating support f or the highest and best use of the subject. Neighborhood or Area Data. (a) Social and economic factors directly relating to the property. (b) Any factors that might affect value. © Factors leading to or indicating support for the highest and best use of the subject. Property Data. (a} Location. size. shape, topography, soil. access-and highway frontage. (b) Easements. restrictions and/or reservations. (5) (6~ ('d) (e) Present zoning. Availability of utilities. Existing crops, pasture, mineral deposits, merchantable timber, etc.. bearing on value. Existing leases, rentals or use agreements, if any. Ca) (b) (d) Type (purposes). present use, construction and condition. Size and where appropriate method of measurement of rentable areas. Equipment. description, age. condition and effect on valuation. Existing leases, rentals or use agreements, if any. Co Analysis and Conclusions (I) Analysis of Highest and Best Use - The report shall state, discuss and support the highest and best use that can be made of' the property. (land and improvements and where applicable, machinery, and equipment) for which there is a current market. The valuation shall be based on this use. The analysis 'should include a discussion of legally permissible, physically possible, financially feasible and maximally productive uses. If the highest and best use of' the land differs from tha~ as improved, explanation and justification shall be provided. (2) Sales Comparison Approach. (a) Land Value - The appraiser' s opinion of the value of land shall be based upon the highest and best use regardless of any existing structure and shall be supported by confirmed, current factual sales of comparable lands having like highest and best uses. (b) Improved Value - The appraiser' s opinion of value ofthe property, as imp:over should be supported by confirmed sales of' com.,arable improved properties which would offer direct competition to the subject in the local market. oo 16C-3 , (3) Comparables- A thorough description of each comparable and other data as described in Appendix A - 6.00 and following subsectiom shall be included. tSee Append& .4. Form APP2 or one with simi&Tr inybrmatiom. Equipment valuation, if any. should be discussed as to basis and support for estimate. A tabular summary, of adjustments tbr sales comparison shall be included if four or more sales are used. Cost Approach: This section shall be in the tbrm ofcomputative data. arranged in sequence, beginning with reproductioru'replacement cost. and shall state the source Ibook and page ifa national service~ of all cost estimates used. The dollar mounts of physical deterioration, functional and external obsolescence, or the omission of same. shall be explained in narrative form. This procedure may be omitted on improvements, both real and personal, tbr which only a salvage or scrape value is estimated. 14} tbllowing: (6) Income Approach: This shall include adequate factual data to support each figure and thctor used and shall be arranged in detailed tbrm to shov.' at least all of the (a} Estimated gross income. lb) Allo~vance for vacancy and credit losses. An itemized estimate of annualized total expenses including reserves tbr replacements. Capitalization of net income shall be at a market derived rate (if possible) for this type of property and location. The capitalization technique, method and rate used shall be explained in narrative tbrm supported by a statement of sources of rates and factors. Interpretation and Reconciliation of Estimates: The appraiser shall interpret the tbregoing estimates and shall state the reasons why one or more of the conclusions reached in Items (2). (3) and (4) above are indicative of the market value of the property. Final Value Estimate Allocation: The market value estimate of the land shall be allocated to show the contributory, values of appropriate classi ficationsof land types. Differing land types may include, but not be limited to. the tbllowing land types as identified in the appraisal assignment: (a} Uplands. (b) Non. contiguous uplands. Regulatory. lands. (d) Wetlands. (e) Submerged lands. (7) Indications of Value based on Units of Comparison: The appraiser shall provide an appropriate "unit of value" for use by the FCT for adjustment purposes of the final value estimate in the event the subject property's acreage, square footage or front footage changes up to 20% of the original size. These units shall be for the land types shown in (6) above. D. Addenda (1) Exhibits. floor plans, subcontractor estimates or opinions, etc. which add support to the report. A copy of the letter from the appraiser to the propert2:' owner (s) advising of inspection date and requestin~ owner, if he so desires. to accompany the appraiser. This letter is required. IV. SINGLE OWNERSHIP APPRAISAL STANDARDS AND FOR~MAT: A. Introduction ( 1 ) Title Page. (2) Letter of Transmittal. (3) Table of Contents. (4) Summa~. of Salient Facts & Conclusions including Final EstimateofMarket Value and an allocation of land value showing contributory, values of appropriate land types as identified in the appraisal assignment. (See ,qppendix .q, Form APP-I) (5) Location Map. (6) Survey Plat or Property Sketch. (7) Color Photographs of Subject. 16{3-3 (8) Statement of Limiting Conditions. Assumptions. Specific. Instructions. Etc. (9) Certification. (I0) Qualifications of Appraiser(s) Factual Data (i) (2) (3) (4) (5) (6) Purpose of Appraisal and Definition of Value Estimated. Legal Description. Sales Histout and Present Ownership. City or Regional Data. Neighborhood or Area Data. Property Data. Analysis and Conclusions ( 1 ) Highest and Best Use Analysis. (2) Comparative or Sales Comparison Approach with Sales Location Map. (3) Cost Approach. (4) Income Approach. (5) Interpretation. Reconciliation. and Market Value. (6) Allocation of' land value classification of land types. (7) Indications of land comparison. Addenda 16C-3, V. MULTIPLE OWNERSHIP APPRAISAL STANDARDS AND FORMAT: The multiple ownership appraisal report should efficiently present thc valuation discussions and conclusions of' all the individual ownerships. It should provide basic data applicable to all the ownership parcels with a minimum of' duplication. Area and market data applicable to all the ownerships within thc report may be presented in the base data portions of'the report (Parts I. II. and III). The appraisal of each ownership (Part IV) must be able to stand on its own as an independent and substantive estimate of market value but may incorporate, by reference, information presented in the data portion. Each ownership report may be commonly bound but separated by divider pages. c r may be bound separately. The following format is required for use in narrative appraisals of multiple ownership projects: A. Introduction ( I ) Title Page. (2) Letter of Transminal. (3) Table of Contents. (4) Location Map. (5) Statement of Limiting Conditions, Assumptions. Specific Instructions. Etc. (6) Qualifications of Appraiser(s) B. Factual Data (1) Purpose of Appraisal and Definition of Value Estimated. (2) City or Regional Data. (3) Neighborhood Data. Analysis and Conclusions Pertaining to General market ( 1 ) Highest and Best Use Analysis if common to all ownerships, It' highest and best ase di fiefs by parcel, include definition and general discuasion on which a brief statement in each parcel appraisal may be based. (2) Comparable Market Data (Include Sales Location Map). ~See Appendi~ .4. Form APP-2) (3) (4) Cost Approach (i fapplicable, investigationswith local and national cost data. factors of obsolescence, etc. ma.,,' be presented). Income Approach (support capitalization technique, method, rate. vacancy and credit and other data common to applicable ownerships). Analysis and conclusions of Each Ownership Parcel. (1) (2) (3) (4) 16) (7) (9) Summary of Salient Facts & Conclusions. including Final Estimate of Market Value and an allocation of land -value showing contributory values of appropriate land types as identified in the appraisal assignment. Location Map. Survey Plat or Property. Sketch. Color Photographs of Subject. Statement of Limiting Conditions. Assumptions. etc.. as Applicable to Specific Parcels. Certification. Legal Description. Sales History and Present Ownership. Property Data. (10) Highest and Best Use (specific to o,.vnership, by brief statement). (I I) Sales Comparison Approach (Analysis and comparison of pertinent sales. Re ference may be made by sales number' to base data.) Include sales location map(s). (12) Cost Approach (may be in tabular or summary form with references to base data). Income Approach (as in Cost Approach). Interpretation, Recc,nciliation. and Statement of Market Value. Allocation of land value to appropriate classification of land types. Indications of land value based on units of comparison. (See Appendix A. (13) (14) (15) (16) Section 9.02). Addenda (Specific to ownership) Addenda (General Project) VI. blASS OWNERSHIP APPRAISAL REPORT FORMAT: .7CT may elect to use a mass appraisal approach, for projects consisting of a large number of relatively similar sized, homogeneous properties in separate ownerships, where the total costs of identificationand appraisal of such ownerships would be relative to the value &each property and the expected benefit to the State. The 5-year sales history will not be required except as described in Part III (below). Mass appraisals will deal with I~y separate land values only. Improved properties, if any, will be dealt with by separate contract. ' A. Introduction Title Page. Brief identification of property or project. (b) Name of individual making the report (c) Effective date of the appraisal. (2) Letter of Transmittal. (3) Table of Contents. (4) Summary. of Market Values by property types. (5) Location map. (6) Survey plat or property sketch of project. (7) Color Photographs of Subject. (a) Representativeviews o froad and/or water frontage, access and interior of the project. (b) Views &surrounding properties. [Black and white aerials supplemented with a few representative surface or oblique aerial photos may be used in (a) and (b). 16g-5 {c) Photos of any unusual features (subject and/or area) which might affect value. (8) Statement of Limiting Conditions. Assumptions. specific instructions, etc. Certification: This shall include a signed statement that the appraiser has no (or the specified)interest in the project area appraised: that he has personally inspected the project and the comparables. Acknowledgment should be made of the material assistance of any other person. (I0) Qualifications of Appraiser, s). Factual Data Purpose o f Appraisal. including bric fdiscussion of mass appraisal methodology used, and Definition of Value Estimated. 12) Brief Legal Description of Project. (May be included in addenda if lengthy. Retbrences to addenda shall be made). ~ ' 13) City or Regional Data (should be kept to pertinent minimum). (a) Social and economic factors directly relating to the property. (b) Any factors which might affect value. (c) Factors leading to or indicating support for the highest and best use of the subject. 14) Neighborhood or Area Data. (a) Social and economic factors directly relating to the property. (b) Any factors which might affect value. (c) Factors leading to or indicating support for the highest and best use of the subject. (5) Property Data (description and discussion of characteristics differentiating subject by general property types). (a) Location. size. shape, topography, soil. access, road and/or water frontage. (b) Easements. restrictions and/or reservations. (c) (d) (e) Present zoning and land use regulations. Availability oft, tilities. Existing crops, pasture, mineral deposits, merchantable timber, etc.. bearing on value. Existing leases, rentals, or use agreements, if any. Ce (3) (4) Analysis and Conclusions Highest and Best Use analysis (by general property type) - The report sham state and discuss the highest and best use that can be made of each property type. The valuations shall be based on this use. The analysis should include a discussion of legally permissible, physically possible, hnancialiv feasible and maximally productive uses. ¢2) Sales Comparison Approach with Sales Location Map. (Descriptionofsales and sales map may be included in addenda, if desired.) la) Land Value - The appraisers opinion ofthe value of the land shall be based upon the highest and best use regardless of any existing structures and shall be supported by confirmed, current th~:tual sales of comparable lands having like highest and best uses. (b) Comparables . A thorough description of each comparable. (Photographs and sketches are required of eomparables on which significant reliance is placed.) (c) A tabular summary of adjustments for sales comparison shall be included if more than four sales utilized. Sales Within Project (photographs are not required). The appraiser shall research the project for land sales activity within the past five years. Whether used as comparable sales or not. such sales shall be stated in tabular form showing date of sale, official record book and page. grantors, grantees, size. and indicated price. Transactions used as comparable sales shall also be included in the sales data section of the report. The appraiser shall discuss the reasons for excluding any subject transactions as comparables. Interpretation. Reconciliation. Statement of Market Value by property types and Indications of Value. ' ' ' De Addenda 16C-~ FORM APP. I: APPENDIX A FORMS AND GENERAL INFORMATION r~ ~ N ' PROJECT: COUNTY: OWNER: LAND SIZE: IMPROVEMENTS: ZONING: HIGHEST AND BEST USE: DATE OF VALUE: FINAL ESTIMATE OF MARKET VALUE: (Land Improvements. and TotaO ALLOCATION OF LAND VALUE BY LAND TYPE: ASSESSED VALUE: (Land Improvements and Total) LAND SIZE ASSESSED: DATE(S) OF INSPECTION: OTHER DATA: FORM APP-2 SALES (MARKET DATA) FORMAT (Headings not pertinent may be omitted) (Headings may be placed in left column APPRAISERS REFERENCE NO.: LOCATION: BRIEF LEGAL DESCRIPTION: GI-,a-\NTOR: (Lessor, owner) GRANTEE: (Lessee) LAND SIZE: PROPERTY TYPE: O.R. BOOK/PAGE: ZONING: PROPERTY DATA: [See B- 6) PRICE: (Sale. Offering. Rent. Etc.) TERMS: (Financing, Lease. Etc.) VERIFICATION: (By Whom and With ~Vhom) CONDITIONS OF SA LE: (Did buyer or seller believe this was an arm-length transaction at market value?) DATE (OF TRANSACTION): PRESENT USE: HIGHEST AND BEST USE: COMMENTS: (Other pertinent information. Do not include anal. vsis or comparison to subject on this page..4 ttach separate page i. f alalysis or comparison discussion is to be included here on each sale.) SKETCH OF COMPARABLE: (On facing page. if possible, with photo.) (See ,q-6.05) PHOTO(S): (On facing page. if posxible, with sketch of comparable.) Date: To: From: Re: July 30, 1997 Nanci Lochner, Seniors Program Manager Sue Barbiretti, Minutes & Records Item #16C7, BCC meeting date: 7/29/97 Please find attached the three original contracts that were approved at the meeting of July 29, 1997 and must be forwarded to the Area Agency on Aging for execution. Once the signed originals are returned to you, please send one to this office for our files. If you have any questions, call me at 774-8406. Thanks, Og/O I/96 CONTRACT 160 7 Tiffs CONTRACT is entered into be~een the Area Agency on Aging for Southwest Florida, Inc., here~ referred to as the "a~ency", and ~f~ hereinafter referred to as the *provider". The parties aa~'ee: I. t~rovtder Agrees: Tho Application of~ for the Community Care for the Elderly funds for August 1, 1997 to June 30, 1998, and any revisions thereto approved by the agency and located in the agency's file, are referenced as a part ofthh legal agreement between the agency and the provider, and prescribe the services to bo rendered by tho provider. B. Manner of Service Provision: The services will be provided in a n~armer consistent with and descn'bed in the Application for the Comn.Amity Care for the Elderly fimds for August I, 1997 to lune 30, 1998 of ~ ~ the Department of Elder Affairs Programs and Services Manual, and the agency Request for Proposal dated June, 1997, to which provider responded. In the event the manual is revised, the contract will incorporato any such revision and tho provider will be given a copy of tho revision. C. Federal laws and Re~htlons: 'Vne provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Pazt 92, and other regulations, if applicable. The provider shall comply with the provisions of the U.S. De~ of Lsfx~, Occup~ Safety and Health Administration (OSHA) code, 29 CFR, Part 1910.1030. D. Civil Rights Certification: The provider gives this assurance in consideration of and for the purpose of obtaining federal &,rants, loam, corn'.acts (except contracts of insm'nce or Sum're'y), property, dbcounts, or other asstsunce. The provider agrees to complete the Civil Rights Compliance (~ue~ DOEA forms 101 A and B, if services are provided to clients and if fifteen (15) or more persons are employed. The Provider Assures that it will comply with: 08101/96 16C ? Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. o The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. Section 654 of the Omnibus Budget Reconciliation Act of 1981, aa amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs in program-~ and activities receiving or benefiting from federal financial assistance. o The Americans with Disabilities Act of 1990, 42 USC 12101, et. seq., which prohibits discrimination against, and provides equal opportunities for individuals with disabilities, in employment, public services, and public acconunodations. All regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes. e The provider shall establish procedures to handle complaints of discrimination Involving services or benefits through this contract. The provider shall advise clients, employees, and participants of the right to file a complaint, the right to appeal a denial or exclusion from the services or benefits from this contract, and their right to a fair hearing. Complaints ofdiacrimination involving services or benefits through this contract may also be filed with the agency or the appropriate federal or state agency. The provider fi:rther assures that all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services will comply with the applicable laws and regulations as oudined above. Requirements of Section 287.058, Florida Statutes: To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit thereof. To submit bills for any travel expenses, in accordance with Section ! 12.061, Florida Statutes. 2 08101~ 16C ? e To provide unhs of ddiverables, Including rq~om, ~-mdings. a~ draRs as specified in this contract and the Application for the Community Care for the Elderly funds for Aukmst 1. 1997 to June 30, 1998 to be received and accepted by the agency prior to payment. e To allow public access to all documents, papers, letters, or other materlais subject to the provisions of Chapter 119, Florlda Statutes, and made or received by the provider In conjunction with this contact. Withholdings and Oth~ Benefits: The Provider is responsible for Social Security and Income Tax withholdings. Indemnification: If the provider Is a state or Iocai governmental entity, pursuant to subsection 768.28(18) Florida Statutes, the provisions of this section do not apply. Provider agrees that k will indemnify, defend, ami hold harmless the agency and/or state and all of~e agency and/or state's officers, agents, and employees from any claim, loss, damage, cost, d~arge, or expense arising out of any acts, actions, neglect or omission by the provider, its agents, employees, or subcontractors during the performance of the contra:t, whether direct or indirect, and whether to any person or property to which the agency and/or state or said parties may be subject, except that neither provider nor any of its sulx:ontracto~ will be liable under this section for damages arising out of injury or damage to persons ot property directly caused or resulting from the sole negligence of the agency and/or state ot any of its officers, agents, ot employees. Pmvider's obligation to indemnify, defend, and pay for the defense or, at the agency and/or state's option, to participate and associate with the agency and/or state In the defense and triai of any claim and any related settlement negotiations, shall be triggered by the agency and/or state's notice of claim for Indenmiflcation to provider. Provkler's Inability to evaluate liability or its evaluation of liability shail not excuse provider's duty to defend and indemnify the agency and/or state, upon notice by the agency a.,~or ~ Notice shail be given by registered or certified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is e~hausted specifically finding the agency and/or state solely negligent shail excuse performance of this provision by providers. Provider shall pay ail costs and fees related to this oblipt~on and ks enforcement by the agency and/or state. Agency and/or state's failurn to nod~ provider of a clahn shail not release provider of the above duty to defend. Insurance and Bonding: To provide adequate liability insurance coverage on a comprebenslve basis and to bold such liability insurance at all times during the existence of this contract. The provider accepts full responsibility for identifying and determL, un' g the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the provider and the 3 08~01/9~ J+ 1 6C '? clients to be served under this contract. Upon the execution of this contract, the provider shall furnish the agency and/or state written verification supporting both the determination and ex~ence of such insurance coverage. Such coverage may be provided by a self- insurance program established and operating under the laws of the State of Florida. The agency and/or state reserves the right to require additional Insurance where appropriate. To fiitnish an insurance bond from a respons~le commercial insurance company covering all officers, directors, employees and agents of the provider authorized to handle funds received or disbursed under this conu'act in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practices. Abuse jif the provider is a state agency or subdivision as defined by section 768.28, Florida Statutes, the provider shall furnish the agency, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothln{ herein shall be construed to extend any party's liability beyond that prodded In section 768.28, Florida Statutes. (See also Indemnification clause.) Neglect and Exploitation Reporting: lfl compliance with Chapter 415, F.S., an employee of the provider who Imows, or has reasonable cause to suspect, that a child, aged person or disabled adult is or has been abused, neglected, ot exploited, shall immediately report such knowledge or suspicion to the central abuse registry and tracking system of the State of Florida on the single statewlde toll-free telephone number (I-800-96ABUSE). The provider will ensure that pursuant to Section 430.205(5), Florida Statute, ttx)se elderly persons who are determined to be at risk of institutionalization and victims of abuse, neglect, or exploitation and who are referred by Adult Protective Services will be given primary consideration for receiving Community Care for the Elderly Services. Transportation Disadvantaged: If clients are to be transported under this contract, the provider will comply with the provisions of Chapter 427, Florida Statutes, and Rule Chapter 41-2, Florida Administrative Code. Purchasing: Procurement of Products or Materials with Recycled Content That any produc~ or materials which are the subject of, or are required to carry out this contract shall be procured in accordance with the provisions of Section 403.7065 and 287.045, Florida Statutes. Og/O i/96 L. Me 160 / Sponsorship: As requlr~d in Section 2~.25, Florida Statutes, if the provider is a nongovernmental org~n~ion which sponsors a progr'~n financed wholly or in part by state funds, including any funds obtained through this contract, it shall in publicizing, ~dvertising or describing the sponsorship of the program, st~: "Sponsored by Colller County_ Board of Count/Commissioners_._ ,Sd. ca Agency on Aging for Southwest Florida, Inc. and the State of Florida, Department of Elder Affairs". If the sponsorship rdermce is in written rr~terial the words "Area Agency on Aging for Southwest Florida, lnc. and the State of Florida, Department of Elder Affairs" shall appear in the same sL~.e letters ~cl type as the name of the organization. Use of Funds For Lobbying Prohibited: To comply with the provisions of Section 216.347, Florida Statutes, which proh~k the expenditures of contract funds for the purpose of lobbying the Legislature, a judicial branch or a state agency. Audlts and Records: To maintain books, records, and documents (including elec~onic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the agency under this contract. To assure that these records shall be subject at all reasonable times to inspection, review, audit, copy, or removal from premises by state personnel and other personnd duly authort,~d by the agency, as well as by federal personnel, if applicable. ,~. To maintain and file with the agency such progress, fiscal and inventory and other repom az the agency may require within the period of this con,act. Such reporting requirements must be reasonable given the scope and purpose of this contract. To submit management, program, and client identifiable data, as specified in the Department of Elder Affairs Programs and Services Manual. To assure pro~ specific data is recorded and submitted in accordance with Department of Eider Affairs information system instructions. To provide a financial and compliance audit to the agency as specified in ~ I and to ensure that all related party transactions are disclosed to the auditor. To include these applicable aforementioned audit and record keeping requirements in all approved subcontracts and assignments. ~ ' This contract is funded from a grants and aids appropriation. 05/01/96 O. 16C ? Employment If the pmvkler h a non-governmental organization, it is expressly understood and ak, TOed that the the provider will not knowingly employ unauthorized allen workers. Such employment constitutes a violation of the employment provisions as determined pursuant to section 274A(e) of the Immigration Nationality Act (INA), g U.S.C.S.1324 a (e) ('section 274A(e)'). Violation of the employment provhions as determined pursuant to section 274A(e) shall be grounds for unilateral cancellation of this contract. Retention of Records: To retain all client records, financial records, supporting documents, stat~ic~l r~c~n'ds, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years a~er termination of this contract, or if an audit has been Initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until rec~lution of the audit findings. Persons duly authorized by the agency and federal auditors, pursuant to 45 CFR, Pm 92.42(e), (!), and ('2), shall have full access to and the right to examine or duplicate any of said records and documents during said retention period or as long as records are retained, whichever is later. Monitoring: To provide progress reports, including data reporting requirements as specified by the agency. These reports will be used for monitoring progress or performance of the contractual services u specified in the approved Community Care for the Elderly Application for August I, 1997 to June 30, 1998. Area agencies will perform the required administrative monitoring of service providers in accordance with the department's unit rate contract monitoring checklist. To permit persons duly authorized by the agency to inspect any records, papers, documents, facilities, goods and services of the provider which are relevant to this contract, and/or interview any clients and employees of the provider to be assured of satisfactory performance of the terms and conditions of this contract. Following such inspection the agency will deliver to the provider a list of its concerns with regard Ia the manner in which said goods or services are being provided. The provider will rectify all noted deficiencies provided by the agency within the time set forth by the agency, or provide the agency with a reasonable and acceptable justification for the provider's failure to correct the noted shortcomings. The agency shall determine whether such failure h reasonable and acceptable. The provider's failure to correct or justify within a reasonshle time as specified by the agency may result in the withholding of payments, being deemed in breach or default, or termination of this conWact. 6 08/01/~ R. Uo 160 7 ~tfe~,u~rdln~ Information: Not to uso or discloso any infomuflon concerning s reciplmt of services under this couwact for any purpose except upon written consent of the recipient, or the recipient's mthortzed representative. Agency approval of the provlder's Application for the Community Care for the Elderly funds for August 1, 1997 to 1une 30, 1~98 shall constitute agency approval of the p~vJd~ subcontracts if the subcont~lcts follow the service and funding Information identified in the spproved provider application. No such approwl by the agency of any assignment or ~ shall be deemed in any event or in any manner to obligate tho agency beyond the total d~llar anmunt agreed upon in this contract. Ail such assignments or subcontracts shall be subject to the conditions of this contract and to an). conditions of approval that the agency shall deem. necessary. Unless otherwise stzted in the con.act between the provider and subcontractor, payments mede by the provider to the subcontractor must be within sevin (7) workinf days after receipt by the provider of full or partial payments from the agency tn accordance with section 287.0585, Florida Statutes. Failure to pay within seven (7) worklnf drys will result in a penslt~ charged qalnst the provider and pakl to the subcontractor In the amount of one-half of one percent of the amount due, per da)' from the expiration of the period allowed herein for payment. Such pewtlty shall be In addition to actual payments owed and shall not exceed fifteen (15) percent of the outstzndin~ balance due. Final Request for Payment: To submit tho final request for payment to the agency no more than forty*five (4~ days ~ the cofltrnct ends or is terminated; if the provider falls to do so, all right to payme~ is for~.ited, and the agency w~l not honor ny requests submlued after the aforesaid time period. Any payment due under the tram of this contract may be wlthhdd until all reporu duo from the provider, and necessary adjustments thereto, have been approved by the agency. A flflal ra:eflX and expenditure report as a doseout ~rt will be forwlrded to Ibe trmcy within sixty (60) days after the contract ends or is termi~ed. All monies which have been paid to the provider which have not been used to retire outstandlnf obllptious of the contract bein~ closed out must be refunded to tho agency alon~ with the final report. Return of Funds: To return to the agency any overpayments duo to unearned funds or funds disallowed PUrSuant to the terms of this contract that were disbursed to the provider by the agency. 7 16C z 08~01/96 The provider shall return any overpayment to the agency within thirty 00) calendar days ~er either discovery by the provider, or notification by the agency, of the overpayment. In the event that the provider or its independent auditor discoven tn overpayment has been made, the provider shall repay sald overpayment within thirty (30) calendar days without prior notification from the agency. In the event that the agem'y first discovers an overpayment has been made, the agency will notify the provider by letter of such a finding. Slx:mid repayment not be made in a timely manner, the agency will charge interest of one (1) percent per month compounded on the outstanding balance after thirty (30) calendar days after the date of notification or discovery. II. The Agency Agrees: A. Contract Amount: Subject to the availability of funds, the agency will reimburse no more than a total dollar amount of $~for services provided in accordance with the approved application for Community Care for the Elderly funds, ~ to this contract, and the Department of Elder Affairs, Program and Services Manual. The services will be reimbursed according to the rate stipulated below for case management, case aide, and transportation services. Lead Agency Operations will be reimbursed based on actual costs incurred each month according to Attaclunent Il. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. SERVICES REIMBURSEMENT RATE Case Management $30.57 Transportation $9.35 Lead Agency Operations Cost Reimbursement Amount Contract Payment: Pursuant to Section 215.422, Florida Statutes, the agency shall take no longer than 5 working days to inspect and approve goods and services, unless bid specifications or the contract specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date the invoice is received or the goeds or services are received, inspected and approved, a separate interest penalty set by the Comptroller pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. Payments to health care providers for 8 16(3 ? 08/01/~ hospit~is, medical or other health car~ services, shall bo made not more than 35 days from the date of di~'bil~ for pa),me~t is determined, taxi the Interest penalty ts set by Subsection 215.422(13), Florida Stature. Invoices murned to a vendor due to preparation errors will result In a payment delay. Invoice payment requirements do not start until a properly completed Invoice is provided C. Vmdor Ombudsman: A Vmior ~ has been establ~ed within the Depar~nent of ll~dng and Fimnc~ 'I~ duties of this individual include ~]n{ u an ~[vo~t~ for vendorl who may I~ e:q~ri~ problems ia obta~Ing timely payment(s) from a stat~ agency. The Vendor Ombudsman may be contacted at (904) 488-2924 or by oiling the Stat~ Comptroller's Hotlln~, 1-8(}0-848-3792. ~1. Provider and A~ency Mutually Agree: A. Effective Date: This comract shall begin on August 1, 1997 or on the date on which the contract has been signed by Ix)th parties, whichever is later. 2. This contract shall end on June 30, 1998. B. Method of PaTment: This is a conU~ lncorporat~ cost ~ent of actual expenditures for lead agemy operations and r~nbursement for actual units ofservl~ ddlvmM paid accordln~ m tim schedulo stipulated In Section H.A. Two reports will be submitted to the qency from the provider for reimbursement. The Invoice for Services and Cmm'Rmtion report document the actual units of services delivered. A request for payment and expendlt=m report will be submitted to support requests for payment of lead a~ency operations on AAA Form MDOF~ I05C. Duplication or repllc~tlon of both forms via data processin~ equipment ts permisst"ole~ provided all data elements are in the san~ format as included on a~ency forms. The IX'ovkJer, if dlgible,, may r~luest · monthly advance for each of the first two' mondm of the conm,ct period, based on anticipated cash needs. Detailed documontation ~ cash needs for advances must be maintained in the ,feacy file. AIl l~ymo~ requem h- the third through the eleventh month shall be based on the submission of monthly actmd expendlturo reports beginning with Ihe first month of the contr.a~ The schedule foe ~ofMvan~requests Is A.~.Al~l~i~[~.i~tothlscontract. Rm~s:illation final payment is made. Ali advanc~ payments ar~ subject to the availability of funds. Advance funds may be mnporarily Invested by the provider In an Insured Interest bearin~ account. Ali interest earned on contract fund advances must be n~nmed lo the agency within thirty ('JO) days of the end of tho ftrst quarter of the contract period. 9 08/01/96 16C 7 o The provider may request extraordinary cash in addition to the above advance requem in accordance with DOEA Administrative Policy Memorandum Number A0012. Any payment due by the agency under the terms of this contract may be withheld pending the receipt and approval by the agency of all financial and programmatic repom due from the provider and any adjustments thereto. To submit a complete and accurate quarterly Service Cost Report, DoEA Form ! 10, to the Fiscal Specialist by October 15, 1997, January 15, 1998, and April 15, 1998. A complete and accurate annual Service Cost Report, DOEA Form 110, will be submkted to the agency per subcontract within sixty (60) calendar days of J'une 30, 1998. The SFY 96-97 Community Cato for the Elderly spending authority for your county is ~t20.,~:EL/EL A Lead Agency must not exceed allocated spending authority limits. A Lead Agency will have to control vendor billings through care plans so that vendors do not overspend budget allocations. A Lead Agency will have to monltor vendor billings to ensure care plans ~ adhered to. The agency will work with a Lead Agency to assure clients billed for ate entered into CIRTS, and o~erwhe monitor expenditures for problems that could contribute to the lead agency exceeding program spending authority. The agency will furnish the lead agency a monthly report of payments made to vendors. These reports will be helpful in identifying program spending patterns among service providers and will assist in the managing of program budgets. Termination: I. Termination at Will This contract may be terminated by either party upon no less than thirty O0) caleadar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Termination Because of Lack of Funds In the event funds to finance this contract become unavailable, the agency may temdnate the contract upon no leas than twenty-four (24) hours noti~ in writing to the provider. Said notice shah be delivered by certified mai{, return receipt requested, or in person with proof of delivery. The agency shal{ be the final author{ty as to the availability of funds. Termination for Breach Unless the provider's breach is waived by the agency in writing, or the provider fails to cure the breach within the time specified by the agency, the agency may, by written notice to the provider, terminate this contract upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with 10 08~01/96 16C 7 proof of ddlvery. If applicable, the agency may employ the default provisions in C~apter 60A-1.006(3), Florida Administrative Code. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the term~ of this contract. The provisions herein do not limit the agency's right to remedies at law or to damages. 1. Reasonable Cause The agency may, for reasonable cause, temporarily suspend the use of funds by a provider pending corrective action, or pending a decision of terminating the contract. Reasonable cause is such cause as would compel a reasonable person to suspend the use of funds pursuant to this comrac~ it includes, but is not limited to, the provider's failur~ to permit inspec~n of records, or to provide reports, or to rectify deficiencies noted by the agency within the time specified by the agency, or to utilize funds as agreed in this contract, or such other cause as might constitute breach of any of the terms of this contract. The agency may prohibit the provider from receiving further payments and may prohibit the provider from incurring additional obligations of funds. The suspension may apply to any part, or to all of the provider's obligations. To suspend operations of the provider, the agency will notify the provider in writing by Certified Mail of: the action taken, the reason(s) for such action; and the condltions of the suspension. The notification will also indicate: what corrective actions at~ necessary to remove the suspemion; the provider's right to an administrative hearing;, and, give the provider the appropriate time period to request an administrative hearing befi~ the effective date of the suspension (unless provider actions watm~ an immediate suspension). Notice and Contact: The representative of the agency responsible for the administration of this contra~ is: Executive Director Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 (941) 332-4233 1! 08~01/96 F+ The name, address, and telephone number of the representative of the provider responsible for administration of the program under this contact is: Project Director Collier County Board of County Commissioners Collier County Government Center, Building H Naples, Florida 34112 (941) ~4-8443 In the event that different representatives are designated by either.party after execution of this contract, notice of the name and address of the new representative will be tendemi in writing to the other party and said notification attached to originals of this contract. Renegotlatlon or Modification: Modifications of provisions of this contract shall only be valid when the/l~ve been reduced to writing and duly signed. The parties agree to renegntlate this contract if revisions of any applicable laws, or regulations make changes In this contract necessary. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the agency's operating budget. Special Provtslons: 1. Match The provider will assure that there will be a match requirement of at least 10 percent of the cost for all services. The subcontract provider*s match will be made in the form of cash and/or in kind resources. At the end of the contract period, all community Cate for the Elderly funds expended must be properly matched. State Laws and Regulations The provider agrees to comply with applicable parts of Rule 58¢-!, Florida Administrative Code promulgated for administration of Sections 430.201 through 430.207, Florida Statutes, and the Department of Elder Affairs Programs and Services Manual. · The provider agrees to comply with the applicable provisions of Sections 97.021 and 97.058, Florida Statutes, and all rules related thereto in the Florida Administrative Code. 12 16C 7' Nonexpendable Proper~y Nonexpendable property is defined as tangible property of l nonconsumable nature that has an acquisition cost of $500 or more per unit, and an expected useful life of at least one year; and hardback bound books that ~enot circulated to students or the general public, the value or cost of which is $100 or more. Hardback books with a value or cost of $25 or more should be classified as an OCO expenditure only if they are circulated to students or to the general public. ^!1 such property, purchased under this contract shall be listed on the property records of the provider. Said listing shall includo a description of the property, model number, manu~'s serial number, funding source, Information needed to calculate the federal and/state share, date of acquisition, unit cost, proper~ inventory number and information on the location, use and condition, transfer, replacement or disposition of the property. · All such property purch~ under this contract shall be Inventoried annually. An inventory report will be submitted to the agency upon request by the agency. Tide ~ to all nonexpendable property acquired with funds from this contract shall be vested in the agency .upon c~mnletinn or termlnntlnn of the con~a~. At no time shall the provider dispose of nonexpendable property purchased under this contract except with the permission of, and in accordance with instrualons from the agency. A revised provider application (only applicable pages) is required prior to the purchase of any item of nonexpendable property not specifically listed in the approved budget. Information Technology Resources The provider must adhere to the agency's procedures and standards when purchasing [nformation Technology Resources 0TR) as part of this contract. An ITR worksheet is required for any computer reJated ~ costing ~0.00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel and facilities. The provider agrees to secure prior written approval through the agency fi'om the agency's Network Administrator for the purchase of any ITR. The provider will not be telmbutsed for any purchases made prior to this written approval on the ITR worksheet. The provider has the responsibility to require that their subcontractors comply with the agency's ITR procedures. X3 08101/96 16C ? Repom The provider agrees to submit complete and accurate Quartedy CCE/HCE/ADI Program Reports to the Pr~ Special~ by October 1:5, 1997, Sanuary 15, 1998, April 15, 1998, and July 15, 1998. Complete and accurate quarterly Service Cost Reports, DoEA Form 110, must be submlued to the Fiscal Spec}alist by October 15, 1997, January 1:5, 1998, and April 15, 1998. A complete and accurate annual Serv}ce Cost Report, DOEA Form I I0, will be submitted to the agency pet subcontract within sixty (60) calendar days of June 30, 1998. A complete and accurate Annual Transportation Report nmst be submitted to the Pro~'~un Specialist by September I, 1~95. Copyright Clause Where activities supported by this contract produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any simila~ name, the agency has the right to use. duplicate and disclose such materials in whole or part, in any manner, for any purpose whatsoever and to have others meting on b~alfof the agency do so. If the rear.als so developed are subject to copyright, trademark or patent, then I~{al rifle and every right, interest, claim or demand of any kind in and to any patent, Irademark, copyright, or application for the same, will vest in the State of Florida, Department of State, for the exclusive use and benefit of the state. Pursuant to Section 286.021, Florida Statutes, no person, finn or corporation, indud~ng ;~nies to this contract, Mall be e~titled to use the copyright, patent or trademark without the prior wrluen cons~m of the Department of State. Grievance and Appeal Procedures The provklet will assure that procedures are in place for handling complaints from persons who complain that service ha been denied, terminated or reduced improperly as outlLeed In 58C-1.003(IXa)20 Florida Administrative Code and the Department of Elder Affalts Programs and Services Manual. Investigation of Allegations Any report that implies criminal intent on the part of a service provider agency and referred to the state attorney must be sent to the ageacy. The provider must Investigate allegations regarding falsification of client information, service records, payment requests, and other related information. Signature Ail contracts and amendments must be signed by the President of the Board of Directors of the provider, or such .other officer or member of the board as designated by the Board of Directors. 14 08/011~ 10. 11. 12, 16C 7 Disaster In preparation for the threat of an emergency event as defined in the State of Florida Comprehensive Emergency Management Plan, the Department of Elder Affairs may exercise authority over an area agency or service provider in order to implement preparedness activities to improve the safety of the elderly in the threatened area and to secure area agency and service provider facilities in order to minimize the potential impact of the event. These actions will be within the existing roles and responsibilities of the area agency and its service providers. In the event the President of the United States or the Governor of the State of Florida declares a disaster or a state of emergency, the Department of Elder Affairs may exercise authority over an area agency or service provider in order to implement eme~ relief measur~ ~d/or activities. Only the Secretary or Deputy Secretary or his or her designee of ~e Departn~nt of Elder Affairs ~hall have such authority to order the tmplement~on of such measures. All actions directed by the Depxrtment of Elder Affairs under this section shall be for the purpose of ensuring the health, safety and welfare of the elderly in the disaster area. Computer System Backup and Recovery As defined in Chapter 44-4.070, Florida Administrative Code, each service provider, among other requirements, must anticipate and prepare for the loss of information processing capabilkies. The routine backing up of data and soRwar~ is required to recov~ from losses et out3ges of the computer system. Data and soRwate essential to Ilia continued operation of agency functions must be backed up. The security controls over the backup resources shall be as stringent as the protection tequked of the primary resources. Information and Referral The provider will ensure collection and maintenance of a data base on information and referral services for each area. Area agencies who provide information and r~ferr~l services directly will ensure the collection and maintenance of this data base for the entire planning and service area. The provider will be responsible for coordinating all information and referral sites in their area and will ensure the ongoing quality of servicea provided. Volunteers The provider will promote the use of volunteers as prescribed in Section 430.07, Florida Statutes. In addition, the provider will increase the use of volunteers in the area by providing training, technical assistance, and funding, where possible, to vendors within their CCSA. 15 08101/96 13. 14. 15. 16. 16C ? Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARF_~) Program Those persons who are functionally assessed by the Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES) Program to be at Imminent risk of nurslng home placement and referred to the Community Care for the Elderly Program will have services started immediately. The Area Agency and lead agencies must shelter an adequate portion of funds to serve the~e CARES referrals. Business Hours Area Agencies and lead agencies must at a minimum maintain business hours from 8:00 AM to $:00 PM daily, Monday through Friday. Medicaid Waiver The provider will, through the assessment by case managers, identify Medicaid eligible CCE dients who meet Medicaid Waiver criteria and refer them to CARES and SSI related Payments (if applicable) for approval for Medicaid Waiver services. Approximately 44% of the general revenue funds necessary to support approved clients will be ttamferred to match the $6% federal funds in order to increase provider Medicaid Waiver spending authority to serve the clients. The identified funding for this Ixansfet activity will be reported to the area agency for submission to the Department of Elder Affairs by October I of the fiscal year. Client Information and Registration Tracking System (C1RTS) The Area Agency on Aging shall employ a Network (LAN) Administrator who shall assure Area Agency on Aging compliance with the requirements of the "LAN administrator Guidelines, adopted by the department. These "Guidelines" delineate the roles and responsibilities of the Network Admlnlstratot. The Area Agency on Aging shall assure any other support necessary for full "LAN Administrator Guidelines" compliance. Lead Agencies will ensure the collection and maintenance of Community Care for the Elderly (CCE) client and service information on a monthly basis from the Client Information and Registration Tracking System (CIRTS). Maintenance Includes valid exports and backups of all data and systems according to agency standards. The Area Agency will also conduct routine maintenance and backup all data and systems according to the Department of Elder Affairs atandaxis. Lead agencies must enter all required data pet the Department's CIRTS Pol[cT Guidelines for CCE clients and services in CIRTS on a monthly basis. The data must be entered into CIRTS before the Lead agencies submit their request for payment and expenditure reports to the Area Agency. Data includes case management, case aide, and transportation units of service as well as vendor's 16 08101/96 17. 16G 7 units of service. The Area Agency shall establish time frames to assure compliance with due dates for the requests for payment and expenditure repons to the Department. The Lead Agency shall e~tablish time fr-,unes and guidelines with vendor agencies to assure compliance with due dates for the reports due to the Agency. This will include deadlines of submission of Weekly Invoice for Services/ClRTS Data from the vendor to the lead agency. Lead agencies will mn monthly CIRTS repons and verify that client and service data in CIRTS is accurate. This report must be submitted to the Area Agency with the monthly request for payment and expenditure report and must be reviewed by the Area Agency before the service pmvider's request for payment and expenditure repons can be approved by the Area Agency, F~ure to ensure the collection and maintenance of the CIRTS data may result in the agency enacting the "Suspension" clause of this contract (see Section Ill, D.). The agency may enact the "Suspension' clause of this contract for failure to enter the CIRTS data into the system in a timely manner as established In AAA Policy Memorandum #I. Copayment Collec~ious ae The Area Agency on Aging will hold back 5 percent (5%) of the provider contract amount from the Requests for Payment within the first seven months of the contract year. The amount of funds so held back shall be released to a provider upon collection by the pmvkler, by February 15, of S0 percent (50%) of the total co-payments projected for collection by the provider for the contract year. Within three business days of February 15, the AAA w~l determine stich providen have collected, on or before February 15, 50 percent (50%) of their total projected annual co-payments. The AAA will release to each such provider all funds so held back from such provider. The AAA will reallocate all funds held back from providers who fail, by February 15, to collect 50 percent (50%) of their total projected annual co-payments. All such funds held back will be distributed pro rata only to providers who have collected, by February 15, 50 percent (50%) of their total annual projected co-payments. The AAA will certify to the Department, not later than March 1, that funds held back pursuant to this clause have not been distributed to providers who failed to meet their co-payment collection projections by February 15. Upon failure of the AAA to so certify by March 1, the Department will re. allocate such funds among the PSA's for distribution to providers who have collected at least 50 percent (50%) of their projected annual co~ayments on ot before February 1:5. 17 08101/96 He 18. Name, I. 16C ? Client Referrals to Vendor Agencies In counties where there is only one agency-contracted service provider for a particular service, referrals to that vendor wal be made by leal agency case managers up to the level of (and to mainuin ser,,ice levels at) that provklas stated c~pacity. In excess of this level, referrals will be made to backup or overflow provider(s); if more than one backup provider exists, then cltents will be given a choice of available providers. In counties where the agency has contracted with more than one provider for a particular service, referrals will be made to vendors based on client choice. If the client has no preference, then referrals will be made by lead agency case managers on a rotation basis. Mailing and Street Address of Payee: The name (provider name as shown on page I of thls contract) and mailing address of the official payee to whom the payment shall be made: Collier County Services for Seniors Collier County Board of County Commissioners Collier County Government Center, Building H Naples, Florida 34112 The name of the contact person, street address and telephone number where financial and administrative records are maintained: Collier County Board of County Commissioners Collier County Government Center, Building H Naples, Florida 34112 (94 i) 774-S44:~ 18 IN WITNESS THEREOF, the part|e~ hereto have caused this ~ page contract to be executed by their undersl/ned ofl~clah as duly authorized. AREA AGENCY ON AGING FOR $ou'rHwE~ FLORIDA, INC. Collier County Board of County Commissioners SIGNE //,~,' ~ SIGNED NAME: Annn L. Vann TITLE:. Roard President DATE: July 31. 1907 FEDERAL ID NUMBER: _59 600 0S~ DATE: July 31_ I~? PROVIDER FISCAL YEAR ENDING DATE: , 10/1/97 Approved as to legal form and sufficiency.- Coun t~' Attorney '/~ ':" ~Z~'~.~:".~'~-c~c~, =-." 19 08101/~ ATTACHMENT I 16C ? fiNANCIAl. AND C0MPUANCE AUDITS This attachment is eppr~cable, ff the provider o~ grantee hereinafter referred to ·s provider, is ·ny local government entity, nonprofit organization, or for-profit organization. PART I: SINGLE AUDFF This part IS applicable if the provider is · local government entity or nonprofit organization end receives a total of $25,0(X) or more from the agency during its fiscal year. The provider has 'received' funds when it has obtained cash from the agency or when it has incurred expenses which will be reimbursed by th· agency. The provider agrees to hay· ·n annual financial and compliance audit performed by Independent auditor· In accordance with the current ~ ('Yellow Book') issued by the Comptroller General of the United States. Local gev·mm·ms shall co,rely with . No~prof'~ provk'~,s receiving federal funds passed through the agency shall comply with tho audit requirem~ta contained in OMB '' except aa modified herein.' Such audits shall cover the entire organization for the organization's fiscal year, not to ·xceed 12 months. The ·cope of the audit performed shall include the financial audit requirements of the 'Yellow Book', and must Include reports on Internal control end compliance. The audit report shall Include a schedule of financial assistance that all·closes each agency contract by number. An audit performed by the Auditor General shall satisfy the requirements of this attachment. Compliance findings related to contracts with the agency shall b· based on the contract requirements, Including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report ·hall Include a computation showing whether m' not metchl~ requirements were rnet~ All questioned cost· and liabilities due to the agency shall be calculated end fully disclesed in the audit report with reference to the agency contract Involved. These requirement· do not expand the ·cope of the audit as prescribed by the 'Yellow Book'. If the provider has received any funds from · grants and ·Ids appropriation, the provider will also submit a compliance reporters} In accord·nc· with the rules of the Auditor General, Chapter 10.600, and Indicate on the schedule of financial assistance which contracts are funded from s~ata grants and aids appropriations. Copies of the financial and compliance audit report, management letter, and all other correspondence, if any, related to audits performed by independent auditors, other than the Auditor General, ·hall be submitted within 150 days after the end of the provider's fiscal.year, unless othe~visa required by Florida Statutes, to the following.. A. Finance Manager {3 COPIES): Area Agency on Aging 2285 First Street Fort Myers, Florida 33901 B. Submit to this address only those reports prepared in accordance with OMB Circular A-133: Federal Audit Clearinghouse U.S. Bureau of the Census Jeffersonville, Indiana 47132 C. Submit to this address only those reports prepared tn accord·nc· with the rules of the Audltor General, Chapter 10.600: Jim Dwyer Office of the Auditor General P.O. Bo~ [735 T~has-s~e, Y4oH4a 32302 The provider shall ensure that audit working papers are made available to the agency, or its designee, upon request for · period of five years from the date the audit report Is issued, unless extended in writing by the agency. 20 :' o otm 1 6 C 7 PART II: GRANTS AND AIDS AUDIT/ATTESTATION This part is applicable if the provider is awarded funds from a grants and aid appropriation, and Is either (1) · local government entity or nonprofit organization r~t~O · total of less than $25,000 from the agency during its fiscal year or (2) a for-profit organization recei~ any amount from the agency. The provider has 'received" funds when it has obtained cash from the ag·ney or when it his incurred expenses which will be reimbursed by the agency. If the amount received from grants end aids appropriation awards exceeds $100,000, the provider egree~ to hive In ludlt performed by an Independent cortified public accountant and submit · compliance report(a) in accordance with the rufe~ of the Auditor General, Chapter 10.600. The audit report shall Include · schedule of financial assistance that discloees each agency contract by number and indicates which contracts are funded from a grants and aids appropriations. Compliance findings related to contracts with the agency shall be based on the contract requirements, Including any rules, regulatior~s, or ~zatutes referenced in the co~tract. Whe,,e applicable, the audit report shall Include I computation showing whether or not matching requirerne~ts were met. AJI questior~d costs and Eabilitles due to the agency shall be calculated and fully disclosed in the audit report with reference to the agency contract Involved. If the amount received from grants and aids appropriation awards exceeds 025,000, but does not exceed $100,000, the provider may have an audit as described above or have · statement prepared by an Independent certified public accountant which attests that the provider has complied with the provisions of all contracts funded by a grants and aids appropriation. If the amour~ received from grants and aids appropriation awards does not exceed $25,000, the provider will have the head of the entity or orga'flzation attest, under pe~aitias of perjury, that the organization has complied with the provisions of ell contracts funded by a grants and aids appropriation. Copies of the audit report and all other correspondence, if ·ny, related to audit· performed by the independent auditor, or the attestation statement, shall be submitted within 150 days after the provider's fiscal year end to the following: A. Finance Manager (3 COPIES): Area Agency on Aglng 2285 First Street Fort Myers, Florida 33901 B. Jim Dv'Vyer Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 The provider shall ensure that audit working papers are made available to the agency, or its designee, upon request for a period of five years from the date the audit report is Issued, unless extended In writing by the agency. PART II1: NO AUDIT REQUIREMENT This pert is al3p~able if the provider Is not awarded funds from · grants and ·ids appropriation, end Is either (1) I local govemrnent entity or nonprofit organization receiving · total of less than $25,000 from the agency during Its fiscal year or {2! · for-profit organization receiving any amount from the eger~f. The provide~ has 'received' funds when it has obtained cash from the agency or when it his Incurred expenses which will be reimbursed by the agency. The provider has no audit or attestation statement required by this attachment. 21 COMMUNITY CARE FOR THE ELDERLY BUDGET ~A_L. Ame~ment ~ PROVIDER: Collier County Board of County Commissioners 1. Lead Agency Operati~ 2. Case Management 3. Case Aide 4, Transportation 5. Total $~ $~ ATTACIiMENT IH coNTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT COMMUNITY CARE FOR THE ELDERLY 1 2 3 4 5 6 7 8 9 10 11 12 I3 14 15 16 ilASl/D ON ~ PROVIDSIt REQ~ FOR TYPE oF & EXI'~vDrruRF. S Rl~q~ MOm-H o~, ~q~msT ]un,o~rr Po]t D.....~ TO ~ /ULY ADVANC~ * ANTI(XPAT~D CA~[ HI~D YUN IH AUGUST ADVANCE * ANTICIPATED CASH NI/ED FuN IH SEFTEM~ER ADVAN~~ Fo'L ~I~RVICI~ RPT AUG IH OCTOBER ADVAN AUG SI~itVICI~ RPT SEPT I$ NOVI~V~ER ADVANC~JREIMBURSE~,fE~rT $EP S~RVICE~ RFr OCT I$ DEC'EM~ER ADVANCE/RIKM:BURSEMENT ocr $KRVICES RPT NOV IH IANUARY ADVAH~~ NOV ~ERV~CI~ RFr DEC IH FEBRUARY ADVANCIYRI/IM]~URSENfl.:I~T DEC S]~VIC~ RFr SAI~ IH APRIL ADVAN~URSEM]~qT FEB $~RVICI~ RPT MAR IH MAY ADVANCE/REDdBUR~ ldAR SERVICES RPT APR IH /UN'E ADVANCF./REDA~IURSEM]D4'T APR ~RVICi~ RPT ldAY 1~ · * ICED~URSEMENT MAY $1~VIC~ RPT ~ IH · * REIMB~ R~N'E SERVICES RFr /U'LY IH · * ~ PAY1dI~qT Ri~Q~ AUG IH ]~'12~rAL FllqAL CLOSEOUT REPORT AUG 29 DUBTO ~ ~R.YI /ULYI OCT~O NOV20 DBC20 IANJO FI~20 MAR20 APR20 MAY20 /ULY 20 AUOJ~ LEGEND: NOTE #I: NOTE NOTE NOTE * Advance based on projected cash need. ** Submission of expenditure repom may or may not generate a payment request. If f'mal expenditure report reflect~ fund~ due back to the Depart~at of Elder Affair~, l~yment is to accompany tho report. Report #1 for Adv~r.e Basis Contra~ cannot be ~ubmit~d to the State Comptroller prior to July I, or until tho AAA/DoEA contract Im been fully executed ~1 · ~ ~nt to the Comptroller. Accuracy ~i timely receipt of report~ h e~eati,I, or ~ubmi~ioa for p~ymont bo delayed or denied. A final payment request my be submitted to the AAA by the provider ap to 45 dey~ ,tier the contract h~ ended. The I~t two months of the provider°s £~cal reports covering ~ exl:~md|ture~ should reflect an ·dju~tment repaying adv~r, es for the fitlt two months of the contract. If the provider request due date h on · week-end or holiday, the deadlh~ will be the preceedin§ Friday. 1613 7' 08/0~/97 STANDARD CONTRAC~ TtIIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc., hereinafter referred to as the "agency", and ' ' ' hereinaRer referred to as the "pro,der". The parties agree: L The Provider Agrees: A. Services to be Provided: The Service Provider Application of ' ' ' for the Aizheimees Disease Initiative funds for August I, 1997 to June 30, 1998, ATTACIt2H~NT IV, and any revisions thereto approved by the agency and located in the agency's file, are referenced as a part of this legal agreement between the agency and the provider, and prescribe the services to be rendered by the provider. B. Manner of Service Provision: Respite services will be provided in a manner consistent with and described in the Service Provider Application for the Alzheimeds Disease Initiative funds for August 1, 1997 to .lune 30, 1998 of' ' ' ' ATTACHMENT IV and the Department of Elder Affairs' Programs and Services Manual. In the event the manual is revised, the contract wiIl incorporate any such revision and the provider will be given a cop), ofthe revision. o Model Day Care services are to be provided in conjunction with the Memory Disorder Clinics. Model Day Care Centers must meet the pmgranunati¢ guidelines found in the Department of Elder Affairs' Programs and Services Manual. Day ~ fitcilities must be licensed in accordance with Chapter 400, Part IV, F.S. and Chapter 10A-6 F.A.C.; or, ife~empt, the facility must adlm~ to the identical requirements of Chapter 400, Part IV F.S. and Chapter 10A-6 F.A.C.; plus, any additional standards required of Adult Day Care contract providers. Model Day Care Programs must develop innovative therapies and interventions which can be shared with other Alzbeimeds Disease Initiative health and social services personnel via training. Model Day Care Programs must be a natural laboratory for service rehted applied research by Memory Disorder Clinics. 08/01/97 C. 16C 7, Federal Laws and Regulations: Contract No. A~L0.3~L2.~q2. The provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and other applicable regulations, ifappllcable. The provider shall comply with the provisions of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) code, 29 CFR, Part 1910.1030. Civil Rights Certification: The provider gives this assurance in consideration of and for the purpose ofobtaining federal grants, loans, contracts (except contracts ofinsurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting fi.om federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DOEA forms I01 A and B, if services are provided to clients and iffifleon (15) or more persons are employed. The Provider Assures that it will comply with: Title VI ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et ~q., which pmhi'bits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting bom federal financial assistance. Section 504 ofthe Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discflminagon on the basis ofhandicap in programs and activities receiving or benefiting from federal finan~al assistance. Tide IX ofthe Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the bags of sex in education programs and activities receiving or benefiting fi.om federal finandal assistance. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et ~i., which prohibits discrimination on the basis of age in programs or activitie~ receiving or benefiting bom federal ~nanclal assistance. Section 654 of the Omnibus Budget Reconciliation Act of 1981, u mm~d~ 42 U.S.C. 9849, which pmh'b~ discrimination on the basis ofrace, creed, color, national odgin, .s~ handicap, political affff~tion or beliefs in programs and activities receiving or benefiting fi.om federal financial assistance. The Americans with Disabilities Act of 1990, 42 USC 12101, et. seq., which proh'bits 2 08/0~/97 7 Contract No. ~ discrimination against, and provides equal opportunities for individuals with disabilities, in employment, public services, and public accommodations. All regulations, guidellnes, and standards as are now or may be lawfully adopted pursuant to the above statutes. The provider Shall establish procedures to handle complaints of discrimination involving services or benefits through this contract. The prodder shall advise clients, employees, and participants ofthe right to file a complaint, the right to appeal a denial or exclusion fi.om the services or benefits fi.om this contract, and their right to a fair hearing. Complaints of discrimination involving services or benefits through this contract may also be filed with the agency or the appropriate federal or state agency. The provider further assures that all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services will comply with the above laws and regulations. Requirements of Section 287.058, Florida Statutes: o To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit thereof. To submit bills for any travel expenses, in accordance with Section 112.061, Florida Statutes. To provide units of deliverablets including repons, finding, z, and dra~ as specified in this contract and the Service Provider Application for Alzheim~s Disease Initiative funds for August 1, 1997 to .tune 30, 1998, and ATTACHMENT IV to be received and accepted by the agency prior to payment. To allow public access to all documents, papers, letters, or other materials subject to the provisions ofChapter 119, Florida Statutes, and made or received by lhe provider in conjunction with tills contract. Fe Withholdings and Other Benefits: The Provider is responsible for Social Security and Income Tax withholdings. Indemnification: 08/01/97 15g ? o Contract No. ~ If the provider is a state or local governmental entity, pursuant to subsection 768.28(18) Florida Statutes, only number 3 is applicable. Provider agrees that it will indemnify, defend, and hold harmless the agency and/or state and all of the agency's and/or state's officers, agents, and employees fi.om any claim, loss, damage, cost, charge, or expense arising out ofany acts, actions, neglect or omission by the provider, its agents, employees, or subcontractors during the performance ofthe contract, wfiether direct or indirect, and whether to any person or property to which the agency or said parties may be subject, except that neither provider nor any oflts subcontractors will be liable under this section for damages arising out of injury or damage to persons or properW directly mused or resulting from the sole negligence of the agency and/or state or any of its officers, agents, or employees. Provider's obligation to indemnify, defend, and pay for the defense or, at the agency's option, to participate and associate with the agency and/or state in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the agency's and/or state's notice of claim for indemnification to provider. Providers inability to evaluate liability or its evaluation of liability shall not excuse providers duty to defend and indemnify the agency and/or state, upon notice by the agency and/or state. Notice shall be given by registered or certified mail, return receipt requested. Only an adjudication orjudgment aRer the highest appeal is exhausted specifically finding the agency and/or state solely negligent shall excuse performance of this provision by providers. Provider shall pay all costs and fees related to this obligation and its enforcement by the agency and/or state. Agency's and/or state's failure to notify provider ora claim shall not release provider ofthe above duty to defend. Any provider who is a state agency or subdlvislon, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent acts or omissions or tonious acts which result in claims or suits against the agency and/or state, 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 provider to which sovereign immunity appl~es. Nothing herein shall be constructed as consent by a state agency or subdivision ofthe State of Florida to be sued by third parties in any matter arising out of any contract. The provider agrees that it is an independent contractor and not an agent or employee of the agency and/or state. Insurance and Bonding: I. To provide adequate liability insurance coverage on a comprehensive basis and to 4 08/0~/97 16C '/ Contract No. hold such liability insurance at all times during the existence ofthis contract. The provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the pmvlder and the clients to be served under this contract. Upon the execution of this contra~ the provider shall furn~sb the agency written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self'-~ program established and operating under the laws of the State of Florida. The agency reserves the right to require additional insurance where appropriate. o To furnish an insurance bond from a respons~le commercial insurance company covering all officers, directors, employees and agents of the provider authorized to handle funds received or disbursed under this contract in an amount commensurate with the funds handled, the degree ofrisk as determined by the insurance company and consistent with good business practices. If the provider is a state agency or subdivision as defined by section 768.28, Florida Statutes, the provider shall furnish the agency, upon request, written verification of' liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. (See also Indemnification clause.) Abuse Neglect and Exploitation Reporting: In compliance with Chapter 415, P.S., an employee of the provider who knows, or has reasonable cause to suspect, that a child, aged person or disabled adult is or has been abused, neg/ected, or exploited, sha/l immediately report such knowledge or suspldon to the rote of Florida's centrg abuse registry and tracking system on the singJe $tatewlde toll-free telephone number (I-800-96ABUSE). Transportation Disadvantaged: If clients are to be transported under this contract, the provider will comply with the provisions of Chapter 427, Florida Statutes, and Rule Chapter 41-2, Florida Administrative Code. Purchasing: Procurement of Products or Materials with Recycled Content That any products or materials which are the subject ot~ or are required to cany out this 5 08/0~/97 Contract No. AD.I./ZIIL29.,i~ L. Oe contract shall be procured in accordance with the pmvlslons of Section 403.7065 and 287.045, Florida Statutes. Sponsorship: As required in Section 286.25, Florida Statutes, if the provider is a nongovernmental organization which sponsors a program financed wholly or in part by state fi~nds, including any furds obtaLned through this contract, it shall in publicizing, advertising or describing the sponsorship of the program, state: 'Sponsored by the ~ ~ the Area Agency on Aging for Southwest Florida, In¢.',and the State of Florida, Depanmem of Elder Affairs. II'the aponsotsh/p reference is in written material rite words 'Area Agency on Aging for Southwest Florida, Inc.', and the State of Florida, Department of Elder Affairs shall appear in the same size letters and type as the name ofthe organization. Use of Funds For LobbYing Prohibited: To comply with the provisions of Section 216.347, Florida Statutes, which prohibit the expenditures of contract funds for the purpose oflobbyin8 the Legislature, a judicial branch or a state agency. Public Entity Crime; Denial or revocation of the right to transact business with public entities. Provider must assure that a person or affdiate who has ben placed on the conv/cted vendor list following a conviction for a public entity crime may not submit a bid on a conuac~ to provide any goods or seo,,ices to the agency, may not submit a bid on a contract with the agency for the constmaion or repair ora public bu/Iding or public work, may not submit bids on leases of real property to the agency, may not be awarded or perform work u · contractor, suppler, subcontractor, or consultant under a contract with the agency, and may not tnmsact business with the agency in excess of the threshold amount provided in t 287.017 for CATEGORY TWO for a period of 36 months bom the date ofbeing placed on the convicted vendor llst. Audits and Records: To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which suffidently and properly reflect all revenues and expenditures of funds provided by the agency under this contract. 6 os/or/9? -p. ? Contract No. ~I~LO..LO~,fl~_ To assure that these records shall be subject at all reasonable times to inspection, review, audit, copy, or removal from premises by state personnel and other personnd duly authorized by the agency, as well ~s by federal personnel, if.applicable. o To maintain and file with the agency such progress, fiscal and inventory and other repons as the agency may require within the period of'this contract. Such reporting requirements must be reasonable given the scope and purpose of'this contract. To submit management, program, and client identifiable data, as specified in the Department of Eider Affairs' Programs and Services Manual. To assure through contractual provision in their subcontracts with direct service providers program specific data is recorded and submitted in accordance with Department of' Elder Affairs Information System Instructions. To provide a financial and compliance audit to the agency as specified in ~ and to ensure that all related party transactions are disclosed to the auditor. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. 7. This contract is funded from a grants and aids appropriation. Retention of Records: To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of'five (5) years after termination of this contract, or if'an audit has been initiated and audit find'mss have not been resolved at the end of'five (5) years, the records shall be retained until resolution of'the audit findings. ' o Persons duly authorized by the department and federal auditors, pursuant to 45 CFR, Part 92.42(e), (1), and (2), shall have full access to and the right to examine or duplicate any ofsaid records and documents during said retention period or as long as records are retained, whichever is later. Monitoring: ° To provide progress reports, including data reporting requirements as specified by the agency. These repons will be used for monitoring progress or pert'om of the contractual services as specified in the approved Service Provider Application for Alzheimer's Disease Initiative funds for August 1, 1997 to June 30,1998. 7 08/0Z/97 16C 7 Contract No. ~ To permit persons duly authorized by the agency to inspect any records, papers, documents, facilities, goods and services of'the provider which are relevant to this contnct, and/or interview any clients and employees ottthe provider to be assured otr satisfactory performance ofthe terms and conditions ofthis contract. Following such inspection the agency will deliver to the provider a llst ofits concerns with regard to the manner in which said goods or servicea are being provided. The provider will recti~ all noted deficiencies provided by the agency within the time set forth by the agency, or provide the agency with a reasonable and acceptable justification for the provider's failure to correct the noted shortcomings. The agency shall determine whether such failure is reasonable and acceptable. The provider's failure to correct or justiBy, within a reasonable time as specified by the agency may result in the withholding of payments, being deemed in breach or default, or termination of'this contract. Safeguarding Information: Not to use or disclose any information concerning a recipient ottservices under this contract for any purpose except upon written consent of the recipient, or the reciplent's authorized representative. Assignments and Subcontracts: Agency approval o£ the Service Provider Application for Alzheim~s Disease Initiative fi~nds for August I, 1997 to June 30,1998 shall constitute agency approval o£ the provider subcontracts itt the subcontracts ttollow the service and funding in£ormation identified in the approved provider Service Provider Application. No such approval by the agency of'any assignment or subcontract shall be deemed in any event or in any manner to obligate the agency beyond the total dollar amount agreed upon in this contract. Ail such assignments or subcontracts shall be subject to the conditions ottthis contract and to any conditions or'approval that the agency shall deem necessary. Unless otherwise stated in the contract between the provider and subcontractor, payments made by the provider to the subcontractor must be within seven CF) working days after receipt by the provider of full or partial payments from the agency in accordance with .section 287.0585, Horida Statutes. Failure to pay within seven (7) working days will result in a penalty charged against the provider and paid to the subcontractor in the amount ottone-halttof'one (I) percent of the amount due, per day .fi'om the expirationottthe period allowed herein for payment. Such penalty shall be m addition to actual payments owed and shall not exceed fifteen (I$) percent ottthe outstanding balance due. os/o~/97 T. 16C 7, Contract No. Final Request for Payment: Return To sub~t the final request for payment to the agency no more than forty-~e (45) days after the contract ends or is terminated; ifthe provider fails to do so, all right to payment is forfeited, and the agency will not honor any requests submkted after the aforesaid 6me period. Any payment due under the terms ofthis contract may be withheld until all reports due from the provider, and necessary adjustments thereto, have been approved by the agency. A final receipt and expenditure report as a closeout report will be forwarded to the agency {vitl~n sixty (60) days after the contract ends or is terrr~nated. All monies which have been paid to the provider which have not been used to reth-e outstanding obligations of the contract being closed out must be refunded to the agency ,long with the final receipt and expenditure report. of Funds: To return to the agency any overpayments due to unearned funds or funds disallowed pursuant to the terms of tkis contract that were disbursed to the provider by the agency. to The provider shall return any overpayment to the agency witl~n thirty (30) calendar days after either discovery by the provider, or noti~cation by the agency, of the overpayment. ' bo In the event that the provider or its independent auditor discovers an overpayment has been made, the provider shall repay said overpayment within thirty (30) calendar days without prior notificaHon from the agency, la the event that the agency first discovers an overpayment has been made, the agency will notify the provider by letter ofsuch a finding. Should repayment not be made in a timely manner, the agency will charge interest of one (1) percent per month compounded on the outstanding balance after thirty (30) calendar days after the date of'notification or discovery. The Agency Agrees: A. Contract Amount: Subject to the availability of funds, the agency will reimburse no more than a total dollar amount of ~ for expenditures made in accordance with the approved budget for 9 16C 7 Contract No. AD. LQ1Q,2.0,.9~ Alzhdmffs Disea~ Initiative funds, and A.'IiT. ACItI~,,N~ to this contract. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. The costs of'services paid under any other contract or from any other source are not elilp'ble for reimbursement under this contract. SERVICES REIMBURSEMENT MAXIMUM RATE UNITS Case M.~flagemcn! $~3.'71 IS B. Contract Payment: Payment made by the agency to the provider must be within seven (7) working days after rec6pt by the provider offull or partial payment from the Department of Elder Affairs in accordance with section 287.0585, Florida Statutes. Failure to pay within seven (7)wo~g days will remit in a penalty charged against the agency ~ paid to the provider in the amount of one halfofone percent of the amount due, per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent ofthe outstanding balance due. Invoices return to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. Vendor Ombudsman: A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. fit_ Provider and Agency Mutually Agrees: A. Effective Date: This contract shall begin on August I, 1997 or on the date on which the contract has been signed by both parties, whichever is later. 2. This contract shall end on June 30, 1998. B. Method of Payment: lo 08/01/97 Contract NO. i~ZL0..TL0..2.0~ Payment ~ be on an advance basis in accordance with the Department of Elder Affalra' Programs and .%'rvitza Manual and ATTACHMENT m, All request for payment and expenditure reports that wiU be submitted to support requests for payment shalI be on Invoice for Services and Contribution Report. Duplication or replication of both forms via data pwcessing equipment is permissible but replications must include all data elements in the same format ~ included on Department of Elder Affairs' and agency forms. The not-for-profit provider may request a monthly advance for o¢h of the first two months of the rate agreement period, based on anticipated cash n__,~'ds.' Detailed documentation justifying cash needs for advances must be nmintained in the agency,s file. Ail payment requests for the third through the twelfth months shall be .based on the submission of monthly actual expenditure reports beginning with thc first month of the rate agreement. The schedule for submission of advance requests is ATTACHMENT III to this rate agreement. Reconciliation and recouping of advances made under this rate agreement are to be completed by the time the final payment is made. All advance payments are subject to the availability of funds. Advance funds may be temporarily invested by the provider in an insured interest bearing account. All interest earned on rate agreement fund advances must be returned to the agency within twenty days of the end of the first quarter of the rate agreement per/od. e The provider may request extraordinary cash in addition to the above advance requests in accordance with DOEA Administrative Policy Memorandum Number A0012. Any payment due by the agency under the terms of this rate agreement may be withheld pending the receipt and approval by the agency of all f'mancial and programmatic reports due from the provider and any adjustments thereto. 6. To submit a complete and accurate quarterly Service Cost Report, DoEA Form 110, to the agency by October 15, 1997, lanuary 15, 1998, and April I$, 1998. A complete and accurate annual Service Cost Reports, DoE. A Form I10, will be submitted to the agency within sixty (C:/)) calendar days of June 30, 1998. Termination: I. Termination at Will This contract may be terminated by either party upon no less than thirty (30) calendar 11 08/0L/97 o ? days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proofofdelivery. Termination Because of Lack of Funds In the event funds to finance this contract become unavailable, the agency may termifiate the contract upon no less than twenty-four (24) hours notice in writing to the provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proofofdelivery. The agency shall be the final authority as to the availability of funds. 3. Termination for Breach Unless the provider's breach is waived by the agency in writing, or the provQer fails to cure the breach within the time specified by the agency, the agency/nay, by written notice to the provider, ternfmate this contract upon no less than twenty-four (:24) hours notice. Said notice shall be delivered by ceaitied nm'L return receipt requested, or in person with proofofdelivery. Ifappllcable, the agency may employ the default provisions in Chapter 60A-I.00~3), Florida Administrative Code. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver ofany other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit the agency's right to remedies at law or to damages. Suspension: 1. Reasonable Cause The agency may, for reasonable cause, temporarily suspend the use of funds by a provider pending corrective action, or pending a decision ofterminating the contract. Reasonable cause is such cause as would compel a reasonable person to suspend the use of funds pursuant to this contract; it includes, but is not limited to, the pmvideds failur~ to permit inspection ofr~cord.s, or to provide reports, or to rectify deficiencies noted by the agency within the time specified by the agency, or to utilize funds as agreed in this contract, or such other cause as might constitute breach ofany of the terms ofthls contract. The agency may prohibit the. provider from receiving further paymems and may prolu'bit the provider from incurring additional obligations offunds. The suspension may apply to any part, or to ail of the provider's obligations. To ~pend operations of the'provider, the agency will notify the provider in writing 12 16C ? by Certified Mail oil the action taken, the reason(s) for race ~ ~1 ~ conditions of the suspension. The notification will ~o ~ wh~ ~ actions are necessary to remove the suspension; tlm providers righ~ to m administrative hearing and, give the provider the sppmpri~ time period to request an admini~ hearing before the efFecti~ date oftlm suspension (tmless provider actions warrant an immediate suspension). Ee Notice and Contact: 1. The representative of the agency respons~le for this contract is: Executive Director Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 (941) 332-4233 (941) 332-3596 FAX The representative ofthe provider respons~le for administration of the program under this contact is: Project Director Collier County Board of County Commissioners Collier County Government Center; Building H Naples, Florida 34I 12 In the event that different representatives are designated by eith~ pray ~ ~ecution of this contract, notice of the name and addre~ ofthe new repr~n~fi~ of this contract. Renegotiatlon or Modification: 13 08/0Z/97 168 ?, Contract No. ~ Modifications of provisions ofthls contact shall only be valid when they have been reduced to writing and duly signed. The parties agree to renegot|ate this contract if of any applicable laws, or regulations make changes in this contract necessary. The rate of payment and the total dollar amount may be adjusted retroactively to rdlect price level '.mcreas~ and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the agencl/s'operatlng budget. 2. I~ssasssnr exercise ~thofity ovtr ~n Anm Agency ~ Service Provider in order to haplement emergem~ ~meamres and/or activities. Only the Secretary or Deputy ,g~a'eta~ of the ~ ofElder ~ or his or her designee shall have such authority to order the implementation ofsuch measures. AH actions directed by the Department of Elder Affairs under this section shall be for the purpose of ensuring the health, safety and welfare of the elderly in the disaster area. 3. Information and Referral The provider will inmm collection and maintenance ora data base on information and referral services for their program(s). The provider will be resporm'ble for coordinating all information and referral program(s) and will insu~ the ongoing quality of'services provided. 4. Copyright Clause 14 08/0~/97 Contract No. ~ Where activities supported by this contract produce original writing, sound recordings' pictorial reproductions, drawings or other graphic represenmtlon ~nd works of any Similar nature, the agency h~ the right to use, duplicate ~nd disclose such materiais in whole or part, in my manner, for amy purpose whatsoever and to have others acting on behairorthe agency do so. lethe n~eri~ls so developed ~re subjec~ to copyright, tnutemark or patent, then levi title and every right, interest, claim or demand of any kind in and to any patent, trademark, copyright, or application for the same, will vest in the State of Florida, Department of State, for the exclusive use and benefit of the state. Pursuant to Section 286.021, Florida Statutes, no person, finn or corporation, including part/es to this contract, ~ be entitled to uae the copyright, patent or trademark without the prior written consent of the Department of State. Grievance and Appeal Procedures In accordance with ATTACHMENT IV, Minimum Guidelines for Recipient Grievance Procedures, the provider wiII assure through contractual provisions that service provider agencies have procedures for handling complaints from persons who complain that service has been denied, terminated or reduced improperly. The provider will develop agency specific procedures for handling complaints from persons who complain that service has been denied, terminated or reduced improperly as outlined in 58D-1.005 (2~m) and 58D-I.005(I 1) Florida Administrative Code and the Department of Elder Affairs' Programs and Services Manual. Investigation of Allegations Any report that implies criminal inteni on the part ora service provider agency and referred to the state attorney must be sent to the Department of Elder Affairs through the agency. The provider must investigate allegations regarding falsification ofclient information, service records, payment requests, and other related information. Signature All contracts and amendments must be signed by the President of the Board of Directors ofthe provider, or such other officer or member ofthe board as' designated by the Board of Directors. ' Research and Statistics 15 08/0~/97 16C 7 Contract No. ~:~2L3_~,f7..,9~ The provider agrees to respond to requests for research information and statistical data concerning ks clients based on information requirements ofthe Memory Disorder Clinics, Brain Bank ~nd Alzheimer's Disease Research Database of the medical schooVteaching hospital. 9. Nonexpendable property Nonexpendable property is defined as tang~'ble property ora nonconsumable nature that has an a~iuisition cost of:l;500 or more per unit, and an expected useful life of at least one year, and hardback bound books that ~ circulated to students or the general public, the value or cost ofwhich is Sl00 or more. Hardback books with a value or cost of $25 or more should be classified as an OCO expenditure only if'they are circulated to students or to the general public. bo do All such property, purchased under this contract or purchased by the department and received by the provider shall be listed on the property records of' the provider. Said listing shall include a description of' the properly, model number, manufacturer's serial number, funding source, information needed to calculate the fedenfl and/state share, date ofacqulsltion, unit cost, property inventory number and information on the location, use and condition, transfer, replacement or disposition of'the property. All such purchased property shall be inventoried annually. An inventory report will be submitted to the department upon request by the department. Title ~) to all nonexpendable property acquired with funds fi.om this contract or otherwise purchased by the department shall be vested in the department ' · · . At no time sha~ the provider dispose of nonexpendable property except with the permission oF, and in accordance with instructions from the department. A Service Provider Application is required to be submitted and approved by the department's contract manager prior to the purchase of any item of nonexpendable property not specifically listed in the approved budget. Information Technology Resources The provider must adhere to the department's procedures and standards when purchasing Information Technology Resources 0TR) as pan of this contract. An ITR work.sheet is required for any computer related item costing :$500.00 11.6 16C 7 08/01/97 Contract No. ~ or more, including data processing hardware, solEatare, services, supplies, maintenance, training, personnel and facilities. The provider agrees to secure prior written approval through the contract manager fi.om the department's Management Systems d'u-ector for the purchase of any ITR. The provider will not be reimbursed for any purchases made prior to this written approval on the ITR worksheet. The provider has the respons~illty to require that their subcontractors comply with the department's ITR procedures. 10. 11. 12. 13. Volunteers The Area Agency on Aging will promote the use of volunteers as prescribed in Section 430.07, Florida Statutes. In addition, the Area Agency on Aging will increase the use of volunteers in their planning and se~4ce area by providing training, technical assistance, and funding, where possible, to their contract agencies. Computer System Backup and Recovery As defined in Chapter 44-4.070, Florida Administrative Code, each Area Agency on Aging, among other requirements, must anticipate and prepare for the loss of information processing capabilities. The routine backing up ofdata and SoRware is required to recover from losses or outages of' the computer system. Data and sof~ware essential to the continued operation of provider fi~nctions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES) Program Those persons who aze fi~nctionally as.w. ssed by the Comprehensive ~ Review and Evaluation for Long Term Care Se'vices (CARES) Program to be at risk of placement in an institution and referred to the Alzheimer'$ Disease Initiative Program will be given primary consideration for servic, e~ to prevent institutional placement. ' Client Information and Registration Tracking System (CIRTS) The Area Agency on Aging shall employ a Local Area Network (LAN) Administrator who shall assure Area Agency on 'Aging compliance with the requirements of' the "LAN administrator Guidelines" adopted by the department. These "Guidelines" delineate the roles and responsibilities of the Local Area Network Administrator. The Area Agency on Aging shall assure 17 14. 16C ? bo Co do eo any other support necessary compliance. Contract No. for full "LAN Administrator Guidelines' Area Agencie~ will ensure the collection and maintenance of Alzhelm~s Disease In;tiaHve (ADI) client and service ;nformation on · monddy basis from the Cl~ent Information and Registration System (CIRTS). Maintenance includes valid exports and backups of all data and ~ystems acgo. rding to department standards. Lead Agencies must enter all required data per the Area Agency CIRTS Policy Guidelines for AD[ clients and services in the CIRTS on · monthly ba.~s. ADI un~ts ofsowlce may be entered according to the agency ~chedule, in aggregate on the 31 st or dally, weekly or monthly. Lead ,agencies will run monthly CIRTS repons and verify that ~ent and service data in the CIRTS is accurate. This report must be submitted to the Area Agency with the monthly request for payment and expenditure report for review before any request for payment can be approved. F~ure to ensure the collection and maintenance oftbe CIRTS data may result in the Agency enacting the "Sus pension~ clause of this contract (see Section III, D.) Co-payment Collections bo Upon advancement of funds to the Service Provider, the AAA will hold back from distribution and payment to providers, an amount equal to $ percent (5%) ofthe total award for the contract year. The amount of funds ~o held back shall be released to · provider upon collection by the provider, by February I$, of $0 percent (50%) of the total co-payments projected for collection 'by the provider for the contract year. Within three, business days of February 15, the AAA will determine which providers have collected, on or before February 15, 50 percent (50%) oftheir total projected annual co--payments. The AAA will release to each such provider all funds .so held back fi-om such provider. The AAA will reallocate ali funds herd back fi-om providers who fall, by February 15, to collect 50 percent (50%) ofthelr total projected annual co-payments. All such funds held back will be distributed pro rata only to providers who have collected, by February 15, 50 percent (50%) of their total annual projected co-payments. 18 16C 7 Contract No. ~ Name, Mailing and Street Address of Payee: The name (provider name s~ shown on page 1 oftMs contract) and mailing address of'the official payee to whom the payment shall be made: Project Director Collier County Board of County Commissioners Collier County Government Center, Building H Naples, Florida 34112 The name ofthe contact person, street address and telephone number where financial and administrative records are maintained: Project Director Collier County Board of County Commissioners Collier County Government Center, Building H Naples, Florida 34I 12 (941) 732-26S 1 19 7 ¢ontra~ N'o, a~.Lgal.~,g..~ IN WITNESS THEREOF, the part~e~ hereto have caused this 26 page contract to be execut~ by ~ undersigned of~clals as duly author~.d. PROVIDER: Collier County Board of County Cornmi~ioner~ SIGNED ' BY: .' . . NA~{E: Timothy L. Hancock Area Agency on Aging for Southwest Florida, Inc. SIGNED BY: NAME: Arma Vann TITLE: Cl'~n TITLE: Board President FEDERAL ID NUMBER: 59 600 0538 PROVIDER FISCAL YEAR ENDING DATE: 10/1/97 Approved as to legal fora and sufficiency: County Attorney .. 2O ATrACHM£NT I FINANCIAL AN'i) COMPLIANC£ AUi)iTS This attachment i~ applicable, ir thc provider or ~-~ntee heminalter rcfcrrnd to as provider, i~ any local ~ovenunen{ entity, nonprofil orgznizafion, or for-profi[ organization. PART h SINGLE AUDIT This part is applicable il'the provider is a local government entity or nonprofit organization and rcceiv~ a total of S25,000 or mom from the agone7 during its fiscal year. The provider has 'received" funds when it has obtained cash from the agency or when it has incurred expenses which will be r~imbursed by thc agency. The provider agrees to have an atmual financial and compliance audit performed by independent auditor~ in ~:cordance with ~e curmat · ' ("Yellow Book") i~'ued by the Comptroller General of the United Slate~. Local gov~ameats ~ comply with · · ' Nonprofit pmvide~ receiving federal fund~ passed ttu, ough thc agency shall comply with the audit requirements contained in '. · · · · ' ' ~ a~ rno~ed hen:in. Suc~ audits shall cover ~e entire organization for ~ organiz~on's fro:al year. n~X to exceed 12 months. The scope ~the audit performed shall include the financial audit requirements of the 'Yellow Bo~'. ami mu~ include reports on internal control and compliance. The audit rcpor~ shall include a schedu/e o£financial assls~xnce that discloses each ~tate contract by number. An audit performed by the Auditor General shall ~atisfy the requirements of this attachment. Complimx:c ~z[ings rclatod to contracts with the agency ~ be based on the contract n:qulr~ments, including ~y rule~ mgulafioa~ or statu~ r~'~ in the conLmct. Whc~ applicable, the audit report shall include a computation showing whether or no~ matching requiremeats w~e met Ail questioned costs and habiiifies due to the agency r&all be calculated and fully disclose! in the audit n~ort with r~t'e~x:e to the a~:ac7 contract involved. These requirements do no~ expand the scope of the audit as pmscn~ by the "Yellow Book". ffthe provider has rccc/ved any funds from a grants and aids appropriation, the provider will also submit a compliance mpertgs) in accordance with th~ rules of thc Auditor Gct~ral, chapter 10.600. and indicate on the schedule of financial assislanco which contrac~ at~ fund~ from ~e grants and aids appropriations. Copies of the fin.'mcial and compliance audit rcpo~l, management letler, and all other correspondence, ffax~y, related to audit~ l:~t'ormed by independent a_uditors, other than thc Auditor General. shall be submitled within 150 day~ after the end of the provider's ~ year. anie~ otherwise required by Florida Statutes, to the following: A. Finance Manager Area Agency on Aging 2285 First Street Fort Myer, Florida 33901 Submit to tills ad&'~ss onJy those reports prepared in accordance with OMB Circular A-133: Federal Audit Clearinghouse U.S. Bureau of the C~n.~ Seffersonville, Indiana 47132 Co Submit to this address only those reports prepared in accordance with the rules of the Auditor General, chapter 10.600: Sim Dwycr Office of thc Auditor General P.O. Box 1735 Tallahassce, Florida 32302 The provider sl~ll ~zsure that audit working papers arc made available to the agency, or its designee, upon request for a perind of five years from the date the audit report is issued, unless extended in writing by the agency. 21 08/0:1./97 Contract No. ~ PART·I: CRANTSANDAIDSAUDITIATTESTATION 1 6C 7 This part is applicable if I~e provider ts awarded funds from a grants and aid approprhlion, and ts either ti) a loess government entity er mmpre~ orpnLznflon r~x~n[ a total of Jets fha· $25~)00 from the ~ during its flsenl yenr er (2) afor. prefl/or~miza~e It~edvin~ nny nmoun~ from ~e nZency. T~ p~vkler has %~eived" fmxh Whal i! hts obtained exsh from (he aze~-y or when i( hu incurred e~pemes width If (be amoun4 r~ceived from L, lntS and a~ls approprhKon awards ezeeeds SI00~)00, the provider azr~es ts have an aud# perfermed by nB ~ cer~ p~ accaunto~ and subas~ a eompl~nee report(s) in aceardanea with the rules ef (he Auditor Gaieral, cha~ter 1O.~Oe. Th~ audR report ~ Inckab a schedule of financial fas·st·ne· thai discJoses each st·to contrn~ by number and hdJcatef which eo~lructe are f~sded from state grants and aids approprfaflom. ri'ferreted in the ceotrocC Where applicable, the audit report shall include a computation showing whether or not matchbtg requh"eme~te were suet Al qmx, timed c~ts arm Ihbllitles due f~ the agency shall be calculated and fully disclosed in the audit report with referenco to the agency If the mount reccived from grants and ·ids appruprlaflon awards exceeds $25,000, but does nol exceed $100,000, She prm~der may have ms Audit ·s daser/bod above or have a statement prepared by an independent certified public acemmtant width afleste that the provider Juts compiled wi~h the provtsbm of ftH coflttl~ funded by · grants and .ids appropriation. ' If fl~ ammmt received from grants smd alds appropr/atJon awards doff not exceed $25~}00, fbe provider will have fbe head of Ibc entity or orgnnttafloa attest, under pen.il·es of perjury, that the or~tkm has eompUed with the prm4siom of afl contra~s f;mded by · grants and a~ls app rop rlaflo~. Copies of lbo audit repor~ and all other eorrupondence, if any, related to audits performed by the independmt auditor, or the attestation statement, ~ be submit·rd within 150 days after th· provldtr's fiscal year end to the following: Fimmce Director Area Agency en Aging 22~ FI~I Street Fort Myen, Flor/da 33901 Jhn Dw},er ~ of (he Auditor C, eneral P.O. Box 1735 T~la.~as~ee, Flor/da 32302 The pre~d~r dmH emure that audit working papers are made available to the agency, or its designee, upon request for a pet4od of five years fr~n the date ~ audit report ts issued, unless eztended in wr/ting by (he agency. PART HI: NO AUDIT REQUIREMENT This part b app4k:abk ff the pnn4~er Is no~ awarded funds from · grants and -Ids appmprhtkm, and b el(her (1) · load goverument entity or n.npr~S~ ~ rzcetving · total .fkss than S2S,000 from the agency during ifs rb4:al year or (2) · for-prefit .rgnnintlon rtedving any m f~at the ageaey. Th· prm4d~r has %~eefved" ffmds whoa It has obtained cash from the agenoy or wbe~ # has Incurred expam~ whkh will be rdmhrsed by the agency. The provider i~s no audit ar at·ts·at·on statement required by t~s attachment 22 PSA ~ AGENCY: 16C ? ALZ~R'S DISEASE IN1TIA'ITV'E BUDGET odgi _X.. Amendment I. Respite 2. Model Adult Day Care* $_ 3. Total $_ INSTRUCTIONS: · PSA: Enter Planning and Service Area number · ' A~ENcY: Enter legal name ofarea agency Original/Amendment: Enter X for original or number of amendment. Line 1: Enter amount of ADI funds allocated for respite Line 2: Enter amount of ADI funds allocated for model adult day care Line 3: Enter total As an example, 1 for fa'st, 2 for * Not applicable in all PSA's. Enter N/A [{'this is not a funded service by the Department of Elder A/fairs. 23 08/01/97 C° n tract N°' ~'L~'O'*~"~' 1 60 7 AI~ACHMENT iV NOTI(~ OF DF-.~SION OF AC~I~N TO B~- TAKEN AND EXPLA~A~ON OF TH~ GRIHV~ PRO(~UI~ ~ RL~FIE~G THAT DE~ISION GRIEVANCE REVIEW PROCEDURE UPON TIMELY RECEIPT OF A ~ REQUF..ST FOR REVIEW · Within 7 calend~ dayt ~th~ rec~ ora m:lU~ for t~wiew, thc prcrvld~r must aciagnvlcdg~ ~ of ~ ~ ~ a ~ statement delivered to tlz reqtm~. Th~ ~tatement mu~t al~ pmvid~ notk~ ~ the time and pl~e scheduled for fl~ ~ th~ opportunity to c:xami~ ,u a reasonable ~ Ix:fora LI~ mvi~w, tl~ individual's ow~ case r~cord, and to ~, copy of such case record at no cost to the individual; tl~ oppommity to informally pmznt ~t, evidence., or witnela~ without undt~ int~fcrem~ al a rea.sonabi¢ tim befor~ or durin~ the review;, · contact pe~on for any accommodations m~uimd under th~ Am~ican$ with Disabilities Act; the stoppin~ of the. inteml~ action until ail appeals ar~ cxlmttsle~ AIl gficvance ~ musl I~ conduced al a reasonable time, date ami plac~ by one o~ mo~ impartial ~ who ~ ~ ~ &in:cdr in-,~a/ved in tl~ initial daea'mination of the action in question. TI~ p:vk'werfs) must provide writie= notification ~o the requiter within 7 caleml~ dars ~ tl~ Sdera~ the decision, stating the masons therefore in detail; the cffcct the decision has on current beneAits, ff favorable, or the circtmmances r~ardin~ continuation of current bencfits until all appeals ar~ ¢xlxausted; 24 t/~ inc~ividual's .right to appeal an adverse d~clslon to the Area Agency on Aging by written rcquest wi~n 7 calendar* dayg the availability of assistxnce in writing, submitting and del|voting the appeal to the appropriate agcncT, 16C ? PROCEDUEE FOR APPEA~ OF A GRIEVANCE REVIEW DECISION UPON TIMELY ~OF A WRITFEN APPEAL'FO THE AREA AGENCY' ON AGING ' In computing uy I~tr/od o( time prescribed or allowed by these guidelines, the last day of the period so computed shall be included unless it ia a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day wMch is nehher a Saturday, Sunday, or legal holiday. NOTE: ALSO SEE 42 C.F.R. 43f200'.24~ and AHCA Rules ~9G-L0100t~ (N~I) and (99), g.A.C.,"gair Hearings," "Grievance," and "Grievtncc Procedure." 25 CONTR~ REPORT C~LE~D~R X'l"l'X~ ZZZ ADVANCE BASIS CONTRACT ALZHEIMERS'S DISEASE INITIATIVE Report 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 Submit to State on July Advance* August 1 August Advance* August 1 September July Expenditure Report september 10 October August Expenditure Report October 10 November September Expenditure Report November l0 December October Expenditure Report December lO January November Expenditure Report January'lO February December Expenditure Report February lO March January Expenditure Report March 10 April February Expenditure Report April lO May March Expenditure Report May 10 June April Expenditure Report June 10 July. Adv. Recon. May Expenditure Report July 10 Aug. Adv. Reco. June Expenditure Report August l0 Aug. Adv. Recon. Final Request for Payment August 20 ** Closeout Report September 10 :,eggnd: Note Note # 2: Note $ 3: Advance based on projected cash need. Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the Agency , payment is to accompany the report. Report $1 for Advance Basis Contracts cannot be submitted to the State Comptroller prior to August 1, or until the contract with the Agency has been executed and a copy sent to the Comptroller. Actual submission of the vouchers to the State Comptroller is dependent on the accuracy of the expenditure report. A final request for payment may be submitted to the Agency by the provider up to 45 days after the contract has ended. The last two months of the provider,s fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first two months of the contract. 26 08/0~/97 Contract THIS CO~TRA~ is entered into between the A~ea Agency on Aging for Southwest Florida, Inc., hereinafter referred to as the 'agency", and the ~ l~-,~,J~1~l,~l~, hereinafter referred to as the 'provider'. The parties agree: Provider A~ree.: Ae Service. to be Provided: The Service Provider A~plication of ~ for the Home Care for the Elderly funds for August 1, 1997 to June 30, 1998, and any revisions thereto approved by the agency and located in the agency file, are referenced as a part of this legal agreement between the agency and the provider, and prescribe the services to be rendered by the provider. _ C. Manner of Service Provision: The services will be provided in a manner consistent with and described In the Service Provider Application for the Home Care for the Elderly funds for August 1, 1997 to June 30, 1998 of ~ and the Department of Elder Affairs Programs and Services Manual. In the event the manual is revised, the contract will incorporate any such revision and the provider will be given a copy of the revision. Federal Laws and Regula~ions: 1. The provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and other regulations, if applicable. 2. The provider shall comply with the provisions of ~he U.S. Department of Labor, Occupational Safety and Health Administration {OSHA) code, 29 CFR, Part 1910.1030. ) Civil R/ghts Certification: The provider gives this assurance An consideration of and for ~e purpose of obtaining federal grants, loans, contracts (except ¢ontrac~s of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider ag=ecs to complete the Civil Rights Compliance Questionnaire, DOEA forms 101 A and B, if services are provided to clients and if fifteen (15) or more persons are employed. The Provider Assures that At will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or 1 16C 7 Contract benefiting from federal financial assistance. Section 504 of the Rehabilitation Act of 1973, aa amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs amd activities receiving or benefiting from fade=al financial assistance. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basil of sex iff education programs and activities receiving or benefiting from federal financial assistance. The Age Discrimination Act of 1975, aa amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. Section 654 of the Omnibus Budget Reconciliation Act of 1981, aa amended, 42 U.S.C. 9849, which prohibits disc=Em/nation on the basis of race, creed, color, national origin, sex, handicap, political affiliation o= beliefs in programs and activities receiving or benefiting from federal financial assistance. The A~ericans with Disabilities Act of 1990, 42 USC 12101, et. seq., which prohibits discrimination against, and provides equal opportunities for individuals with disabilities, in employment, public services, and public acco~mlodations. Ail regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes. The provider shall establish procedures to handle complaints of discrimination involving se=vices or benefits through this contract. The provider shall advise clients, employees, and participants of the right to file a complain=, the right to appeal a denial or exclusion from =he services or benefits from this contract, and their right to a fair hearing. Complaints of discrimination involving services or benefits through this contract may also be filed with the Secretary of the agency or the appropriate federal or state agency. The provider further assures that all contractors, subcontractors, subgranteea, or others with whom it arranges to provide services will comply with the above laws and regulations. It~quir~m~nt, of Section 287.058, rlori~ s~eue, e~ To submit bills for fees or other compensation for services or expenses tn sufficient detail for a proper pre-audit an~ post-audit ~er~of. To submit bills for any travel expenses, in accordance with Section 112.061, Florida Statutes. 2. To provide units of deliverables, including reports, findings, and o8/ol/97 16C 7 Contract No.~_~~/ drafts as specified in this contract and the Service Provider Application for the Home Care fo= the Elderly funds for August 1, 1997 to June 30, 1998, to be received and accepted by the agency prior to payment. To allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the provider in conjunction with this contract. Fo Witbhold/ngs a.nd Other Benefits= The Provider is responsible for Social Security and Income Tax withholdings. Ind~mnification: If the provider is a state or local governmental entity, pursuant to subsection 768.28(18} Florida Statutes, only number 3 ia applicable. 1. Provider agrees that it will indemnify, defend, and hold hsL~nleas the agency and/or state and all of the agency and/or state's officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, actions, neglect omission by the provider, its agents, employees, o= subcontractors during the performance of the contract, whether direct or and whether to any person or property to which the agency and/or state or said parties may be subject, except that neither provider nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the agency and/or state or any of its officers, agents, o= employees. 2. Provide='· obligation to indemnify, defend, and pay for the defense or, at the agency and/or state's option, to partAcAp·t· associate with the agency and/o= state in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the agency and/or state's notice of claim fo= indemnification to provider. Provide='· inability to liability or its evaluation of liability shall not excuse provider's duty to defend and indemnify the agency and/or state, upon notice by the agency and/or state. Notice shall be given by regAstered certified mall, return receipt requested. Only ·n ad~udica~ion or Judgment after the highest appeal As exhausted specifically finding the agency and/o= state solely negligent shall excuse performance of this provision by providers. Provider shall pay all cos~a ·nd fees related to this obligation and its enforcement by ~he agency ·nd/o= state. Agency and/or state's failure to notify provider of · shall not release provider of the above duty to defend. 3. Any provider who is a state agency or subdivisAon, as defined An Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent acts or omissions or ~ortioua acta which resulc An claims or suits against the agency and/o= state, ·nd agrees ~o be liable for any damages proximately caused by said acta or om~ssions. Jo 160 Contract Nothing herein is intended to serve as · waiver of sovereign immunity by any provider to which sovereign lr~munity 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. The provider agrees that it is an independent contractor and not an agent or employee of the agency and/or state. Insurance and Bond/ng: To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of this contract. The provide= accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the provider and the clients to be served under this contract. Upon the execution of this contract, the provider shall furnish the department written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The department reserves the right to require additional insurance where appropriate. 2o To furnish an insurance bond from a responsible commercial Insurance company covering all officers, directors, employees and agents of the provider authorized to handle funds received or disbursed under this contract in an amount co~ensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practices. If the provider is a atate agency or subdivision as defined by section 768.28, Florida Statutes, the provider shall furnish the agency, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Notb/ng ~ez'e:Lzl shall b~ construed to extend any party's liability ~myond t~a~ provi~d in section 768.28, rlori~ Statutes. Abuae Neglect and Ewploitatton Reporting: In compliance with Chapter 415, F.S., an employee of the provider who knows, or has reasonable cause to suspect, that a child, ·ged person or disabled adult is or has been ·bused, neglected, or exploited, shall lnwedtately report such knowledge or suspicion to the State of Florida's central abuse registry and tracking system on the single statewide toll-free telephone number (1-800-96ABUSE). Transportation If clients are to be transported under this contract, the provider will comply with the provisions of Chapter 427, Florida Statutes, and Rule Chapter 41-2, Florida Administrative Code. Purchasing: o8/ol/97 16C Contract No.~_~h_~ Co Procurement of Products or Materials with Recycled Content That any products or materials which are the subject of, or are required to carry out this contract shall be procured in accordance with the provisions of Section 403.7065 and 287.045, Florida Statutes. Sp~naorsh/p: As required in Section 286.25, Florida Statutes, if the provider is · nongovernmental organization which sponsors · program financed wholly or in part by state funds, including any funds obtained through this contract, it shall in publicizing, advertising or describing the sponsorship of ~he program, state{ "Sponsored b~ f~,~r~, the ~and the State of Florida, Depart~nent of Elder Affairs'. If ~he sponsorship reference is in written material the words 'Area A~ency on Aqinq for Southwest Florida, Inc. and State of Florida, Department of Elder Affairs# shall appear in the same size letters and type as the name of the organization. Use of To comply with the provisions of Section 216.347, Florid· Statutes, which prohibit the expenditures of contract funds for the purpose of lobbying the Legislature, a Judicial branch or · state agency. Public Entity Crime; D, enial business wit~public enti~/es. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not aubmAt · bid on a contract to provide any goods or services to the agency, may not submit a bid on a contract with the agency for the construction or repair of · public building or public work, may not submit bids on leases of real property to the agency, may not be awarded or perfom work as · contractor, supplier, subcontractor, or consultant under a contra~ with the agency, and may not transac~ business with ~-~a agency in excess of the threshold amount provided in Section 287.017, Florida Statute, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. If the provider is a non-governmental organization, it is expressly understood and agreed that the provide= will not knowingly employ unauthorized ·lien workers. Such ~m~loyment constitutes · violation of the employment provisions as determined pursuant to section 274A(e) of the Immigration Nationality Act (INA), 8 U.S.C. s.1324 · (e) ('se~ion 274A(e)#). Violation of the employment provisions as determined pursuant to section 274A(e) shall be grounds for unilateral cancellation of this contract. Aud/ta a.nd ~: 5 o8/oz/97 160 7 Contract 70 To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the agency under this contract. To assure that these records shall be subject et all reasonable times to inspection, review, audit, copy, or re. oval froupren~ses by state personnel and other personnel duly authorized by the agency, as well as by federal personnel, if applicable. To maintain and file with the agency such progress, fiscal and inventory and other reports as the agency may require w~thin the period of this contract. Such reporting requirements must be reasonable given the scope and purpose of this contract. To subm/t management, program, and client identifiable data, as specified in the Department of Elder Affairs' Programs and Services Manual. To assure program specific data is recorded and subm/tted in accordance with Department of Elder Affairs Znformation System Instructions. To provide a financial and compliance audit to the agency as specified in A~ and to ensure that all related party transactions are disclosed to the auditor. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. This contract is funded from a grants and aids appropriation. Ret~ntion of Records: To retain &ll client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for · period of five (5) years after termination of this contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. Persons duly authorized by the agency and federal auditors, pursuant to 45 CFR, Part 92.42(e), {1}, and (2}, shall have full access to and the right to exam/ne or duplicate any of said records and documents during said retention period or as long as records are retained, whichever is later. Monitoring: To provide progress reports, including data reporting acquirements as specified by the agency. These reports will be used for monitoring progress or performance of the contractual services as specified in the approved Home Care for the Elderly Service Provider Application for August 1, 1997 to June 30, 1998. 6 Uo 16C ? Contract To permit persons duly authorized by the agency to inspect any records, papers, documents, facilities, goods and services of the provider which are relevant to this contract, and/or interview any clients and employees of the provider to be assured of satisfactory performance of the terms and conditions of this contract. Following such inspection the agency will deliver to the provider a list of its concerns with regard to the manner in which said goods or services are being provided. The p:ovider will rectify all noted deficiencies provided by the agency within the time set forth by the agency, or provide the agency with a reasonable and acceptable Justification for the provider's failure to correct the noted shortcom/ngs. The agency shall determine whether such failure is reasonable and acceptable. The provider'a failure to correct or Justify within a reasonable time aa specified by the agency may result in the withholding of payments, being deemed in breach or default, or term/nation of this contract. Safeguard/ng Information: Not to use or disclose any information concerning a recipient of services under this contract for any purpose except upon written consent of the recipient, or the recipient's authorized representative. A~signmenta and Subcontracts: Agency approval of the provider's Service Provider Application for the Home Care for the Elderly funds for July 1, 1996 to December 31, 1996 shall constitute agency approval of the provider subcontracts if the subcontracts follow the service and funding information identified in the approved provider Service Provider Application. No such approval by the agency of any assignment or subcontract shall be deemed in any event or in any manner to obligate the agency beyond the total dollar amount agreed upon in this contract. ;%11 such assignments or subcontracts shall be subject to the conditions of this contract and to any conditions of approval that the agency shall deem necessary. Unless otherwise stated in the contract between the provider and subcontractor, payments made by the provider to the subcontractor must be within seven (7) working days after receipt by the provider of full or partial payments from the agency in accordance with section 287.0585, Florida Statutes. Failure to pay within seven (7) working days will result in a penalty charged against the provider and paid to the subcontractor in the amount of one-half of one percent of the amount due, per day from the expiration of the patio4 allowed herein for payment. Such penalty shall be in addition tO actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. Final Request for Payment: To subm/t the final request for payment to the agency no more than forty-five [45) days after the contract ends or is term/nated; if the provider fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid 08/01/97 16g ? Contract time period. Any payment due under the terms of this contract may be withheld until all reports due from the provider, and necessary adjustments thereto, have been approved by the agency. A final receipt and expenditure report aa a closeout report will be forwarded to the agency within sixty (60) days after the contract ends or is terminated. All monies which have been paid to the provider which have not been used to retire outstanding obligations of the contract being closed out must be refunded to the agenc-/ along with the final receipt and expenditure report. V. Return of Funds: To return to the agency any overpayments due to unearned funds or funds disallowed pursuant to the terms of this contract that were disbursed to the provider by the agency. The provider shall return any overpayment to the agency within thirty (30) calendar days after either discovery by the provider, or notification by the agency, of the overpayment. bo In the event that the provider or its independent auditor discovers an overpayment has been made, the provider shall repay said overpayment within thirty (30) calendar days without prior notification from the agency. In the event that the agency first discovers an overpayment has been made, the agency will notify the provider by letter of such a finding. 2o Should repayment not be made in a timely manner, the agency w111 charge interest of one (1) percent per month compounded on the outstanding balance after thirty (30) calendar days after the date of notification or discovery. II. The Agency Agzeel: A. Rate agreement Amount: To pay for services identified in Section I.A. of this rate agreement and Attachment II at the rate(s) stipulated below, in an amount not to exceed $/fu33.4~_4/, subject to the availability of funds. The State of Florida's performance and obligation to pay under this rate agreement is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other rate agreement or from any other source are not eligible for reimbursement under this rate agreement. SERVICES REIMBURSEMENT MAXIMUM RATE UNITS Case Management $30.99 983.50 B. Contract Payment: 16C ? o8/ol/97 Contract No.~ unless othe~lse stated in the contract between the agency and provider, payments made by the agency to the provider must be within seven (7) working days after receipt by the agency of full or partial payments from the Department of Elder Affairs in accordance with section 287.0585, Florida Statutes. Failure to pay within seven (7) working days will result in a penalty charged against the agency and paid to the provider in the amount of one-half of one percent of the amount due, per day from the expira~£on of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent of the outstanding balance due. Vendor~: A Vendor Ombudsman has been established within the Agency of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (904~ 488- 2924 or by calling the Sta~e Comptroller's Ho=line, 1-800-848-3792. III. Provider and A~enCy Mutually A~ree: Effectiv~ Date: 1. This contract shall begin on August 1, 1997 or on the date on which the contract has been signed by both parties, whichever is later. 2. This contract shall end on June 30, 1998. of payment: This is an advance and cost reimbursement contract. All requests for payment and expenditure reports submitted to support requests for payment shall be on DOEA forms 106H and 105H. Duplication or replication of both forms via data processing equipment ia permissible, provided all data elements are in the same format as included on agency forms. The provider may request a monthly advance for each of the first three months of the contract pe:lod, based on anticipated cash needs. Detailed documentation Justifying cash needs for advances must be maintained in the agency file. All payment requests fo: the fourth through the sixth months shall be based on the submission of monthly actual expenditure reports beginningwith ~he fits= ~onth of the contract. The schedule for submission of advance requests is ~ to this contract. Reconciliation and recouping of advances made under this contract are to be completed by the time the final pay~nt is made. All advance paymenta are subject to availability of funds. Advance funds may be temporarily invested by the provider in an insured interest bearing account. All interest earned on contract fund advances must be returned to the agency within thirty (30) days of ~he end of the first quarter of the contract period. The provider may request extraordinary cash in addition to the above 16C Contract No · ~_93dL~[~/ advance requests in accordance with DOrA Administrative Memorandum Number A0012. Policy Any payment due by the agency under the terms of this contract may be withheld pending the receipt and approval by the agency of all financial and progran~natic reports due from the provider and any adjustments thereto. Term/nation= 1. Termination at Will This contract may be terminated by either party upon no less than thirty ¢30) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Term/nation Because of Lack of Funds In the event funds to finance this contract become unavailable, the agency may term/hate the contract upon no less than twenty-four ¢24) hours notice in writing to the provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The agency shall be the final authority as to the availability of funds. Termination for Breach Unless the provider's breach is waived by the agency in writing, or the provider fails to cure the breach within the time specified by the agency, the agency may, by written notice to the provider, terminate this contract upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified ~u~il, return receipt requested, or in person with proof of delivery. If applicable, the agency may employ the default provisions in Chapter 60A-1.006(3), Florida Adm/nistrative Code. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not li~t~t the agency's right to remedies at law or ~o damages. Suspension: 1. Reasonable Cause The agency may, for reasonable cause, temporarily suspend the use of funds by a provider pending corrective action, or pending a decision of terminating the contract. Reasonable cause is such cause as would compel a reasonable person to suspend the use of funds pursuant to this contract; it includes, but is not ll~tited to, the provider's failure to perm/t inspection of records, or to provide reports, or to rectify deficiencies noted by the agency within the time specified by the agency, or to utilize funds as agreed in this contract, or such other cause as might constitute breach of any of 10 o~/o~/97 16C ? Contract the terms of this contract. The agency may prohibit the provider from receiving further payments and may prohibit the provider from incurring additional obligations of funds. The suspension may apply to any part, or to all of the provider's obligations. To suspend operations of the provider, the agency will notify ~e provider in writing by Certified Mail of: the action taken, the reason(a) for such action; and the conditions of the suspension. The notification will also indicate: what corrective actions are necessary to remove the suspension; the provider's right to an administrative hearing; and, give the provider the appropriate time period to request an administrative hearing before the effective date of the suspension (unless provider actions warrant an l~aediate suspension). Notice and Contact: The name, address and telephone number of the agency for the agency for this contract is: Executive Director Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 (941) 332-4233 SC 748-6947 11 08/01/97 The name, address and telephone number of the representative of the provider responsible for administration of the program under this contact Project Director Collier County Board of Con~/sstoners 3301 £. Tamiami Trail, Building H Naples, FL 33962 In the event that different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this con~rac~. Renego~ia~lon or Mod/fio&tion: Modifications of provisions of this contract shall only be valid when they have been reduced to writing and duly signed. The parties agree to renegotiate this contract if revisions of any applicable laws, or regulations make changes in this contract necessary. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the agency's operating budget. Special Provisions: State Laws and Regulations The provider agrees to comply with applicable parts of Rule 58H-1, Florida Administrative Code, Chapter 95-41B, Sections 69 and B1 through 86, Laws of Florida, and Sections 430.601 - 430.607, Florida Statutes, and the Department of Elder Affairs' Programs and Sez~rices Manual. Nonexpendable Property Nonexpendable property is defined as tangible property of a noncons~unabla nature that has an acquisition cost of $500 more per unit, and an expected useful life of at least one year; and hardback bound books that are not circulated to students or the general public, the value or cost of which is $100 or more. Hardback books with a value or cost of $25 or more should be classified as an OCO expenditure only if they are circulated to students or to the general public. All such property, purchased under this contract shall be listed on the property records of the provider. Said listing shall include a description of the property, model nsm~er, manufacturer's serial number, funding source, information needed to calculate the federal and/state share, date of 12 08/01/97 eo 160 7 Contract No.H~ acquisition, unit cost, property inventory number and information on the location~ use and condition, transfer, replacement or disposition of the property. All such property purchased under this contract shall be inventoried annually. An inventory report will be submitted to the agency upon request by the agency. Title (~) to all nonexpendable property acquired with funds from this contract shall bo vested in tho agency u~on At no time shall the provider dispose of nonexpendable property purchased under this contract except with the permission of, and in accordance with instructions from the agency. f. A formal contract amendment is required prior to the purchase of any item of nonexpendable property not specifically listed in the approved budget. g. Information Technology Resources The provider must adhere to the agency's procedures and standards when purchasing Information Technology Resources {ITR) as part of this contract. An ITR worksheet is required for any computer related item costing $500.00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel and facilities. The provider agrees to secure prior written approval through the agency from the Department of Elder Affairse 14an&ge~aent Systems director for the purchase of any ITR. Tho provider will not be reimbursed for any purchases made prior to this written approval on the ITR worksheet. The provider has the responsibility to require that their subcontractors comply with the agency's ITR procedures. Copyright Clause Where activities supported by this contract produce original writing, sound recordings, pictorial reproductions, drawings o= other graphic representation and works of any similar nature, the agency has the right to use, duplicate and disclose such materials in whole or part, in any manner, for any purpose whatsoever and to have others acting on behalf of the agency do so. If the materials so developed are subJec= to copyright, trades, ark or patent, then legal title and every right, interest, claim or den~nd of any kind in and to any patent, trademark, copyright, or application for the same, will vest in the State of Florida, Ax/ency of State, for the exclusive use and benefit of the state. Pursuant to Section 286.021, Florida Statutes, no person, firm or corporation, including parties to this contract, aha11 be entitled to use the copyright, patent or trademark without the prior written 13 160 7 Contract No.H~ consent of the Department of State. Grievance and Appeal Procedures The provider will assure agency specific procedures are developed for handling complaints from persons who complain that aervice has been denied, terminated or reduced improperly ·s outlined in $8H- 1.008 Florida Administrative Code and the Department of Elder Affairs' Programs and Services Manual. Investigation of Allegations Any report that implies criminal intent on the part of · service provider agency and referred to the state attorney must be sent to the agency. The provider must investigate allegations regarding falsification of client information, service records, payment requests, and other related information. Signature All contracts and ~endm~nts must be signed by the President of the Board of Directors of the provider, or such other officer or member of the board as designated by the Board of Directors. Disaster In preparation for the threat of an emergency event as defined in the State of Florida Comprehensive Emergency Management Pla~, the Department of Elder Affairs may exercise authority over ·n ·re· agency or service provider in order to implement preparedness activities to improve the safety of the elderly in the threatened area and to secure area agency and service provider facilities in order to minimize the potential impact of the event. These actions will be within the existing roles and responsibilities of the ·re· agency and its service providers. In the event the President of the United St·res or the Governor of the State of Florid· declares a disaster or · st·ts of emergency, the Department of Elder Affairs may exercise authority over an ·rea agency or service provider in order tO implement emergency relief measures ·nd/or activities. Only the Secretary or Deputy Secretary of the Department of Elder Affairs or his or her designee aha11 have such authority to order the implementation of such measures. 7%11 actions directed by the Department of Elder Affairs under this section shall be for the purpose of ensuring the health, safety and welfare of the elderly in the disaster are·. Computer System Backup and Recovery As defined in Chapter 44-4.070, Florida Administrative Code, each provider, among other requirements, must anticipate and prepare for the loss of information processing capabilities. The routine backing up of data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of agency functions must be backed up. The 14 08/01/97 10. 16C ? Contract security controls over the backup resources shall be as stringent as the protection required of the primary resources. Information and Referral The provider will ensure collection and maintenance of a data base on information and referral services for each program(s). The provider will be responsible for coordinating all Information and referral sites in their program(s) and will ensure the' ongoing quality of services provided. Volunteers The Area Agency on Aging will promote the use of volunteers as prescribed in Section 430.07, Florida Statutes. In add/tion, the Area Agency on Aging will increase the use of volunteers in the planning and service area by providing training, technical assistance, and funding, where possible, to their contract agencies. 11. Home Care for the £1derly Subsidies and Case Management Information The Area Agency on Aging shall employ a Local Area Network (LAN) Adm/nistrator who shall assure Area Agency on Aging compliance with the requirements of the "LAN administrator Guidelines" adopted by the department. These "Guidelines" delineate the roles and responsibilities of the Local Area Network Administrator. The Area Agency on Aging shall assure any other support necessary for full "LAN Administrator Guidelines" compliance. Area Agencies will insure the collection and maintenance of Home Care for the Elderly {HC£) Subsidies and Case Management information on a monthly basis from the Client Information and Registration Tracking System (CIRTS). Maintenance includes valid exports and backups of all data and systems according to agency standards. Lead Agencies must enter all data for BCE Subsidies In the CIRTS by the 15th of each month. HCE subsidy data entered into the CIRTS by the 15th of the month will bm for payments incurred between the 16th of the previous month and the 15th of the current month. Case Management data entered into the CIRTS by the 15th of the month will be for units of service provided during the previous month from the 16th and up to and including the 15th of the current month. Casa management units of service may be entered according to the agency schedule, in aggregate on the 31at Or dally, weekly or monthly. Lead Agencies will cease data entry for HCE Subsidies on the 15th of the month and run a CIRTS Monthly Service Utilization Report, by client and by worker identification. Lead Agencies will verify, correct, and certify the Monthly Utilization Report, by client and by worker identification, 15 12. 13. Contract and sub~t this report to the rea Agency on Aging by the 20th of the month in which the report is generated, The ~ea Agency on Aging may also require a Request for Payment and Receipt and Expenditure Report for case management to accompany this report. fo Caregivers who are determined eligible for the HCE Basic Subsidy after the 15th of a month, will be processed by L~ad Agencies to begin eligibility for the HCE Basic Subsidy on the 1st day of the next month. Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES) Program Those persons who are functionally assessed by the Comprehensive Assessment Review and Evaluation for Long Tem Care Services (CARES) Program to be at in~nlnent risk of placement in an institution and referred to the Home Care for the Elderly Program will be given primary consideration for services to prevent institutional placement. Business Hours Area Agencies and lead agencies must maintain business hours from 8:00 AM to 5:00 PM daily, Monday through Friday. Mailing and Street Address of Payee: The name (provider name as shown on page 1 of this contract] and mailing address of the official payee to whom the payment shall be made: Collier County Board of Comm/ssioners 3301 E. Tamiami Trail, Building H Naples, FL 33962 The name of the contact person, street address and telephone number where financial and adm/nistrative records are maintained= Collier County Board of Commissioners 3301 E. Tamiami Trail, Building H Naples, FL 33962 16 o8/0~/97 160 7 Contract No.H/E_93~Z.~.~/ IN WITNESS THEREOF, the parties here=o have caused this ~3 page contract: to be executed by their undersigned officials as duly autho~ized. COLLIER COUNTY BOARD OF CO~4ISSIONERS NAME: Timo AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. SIGNED BY: TITLE TITLE: DATE: _~__ DATE:~ FEDERAL ID NUMBER: 59 600 0538 PROVIDER FISCAL YEAR ENDING DATE:___~ Approved as to legal fom and sufficiency: Attorney ' ~': . .~ ~., ',, . A?F.~.ST: : · ~ - · .D~,IG;.-,T E. BROCk'; '-C.££P,.~ 17 08/0~/97 Contract No.~ ] ~, 7 08/01/97 Contract ATTAC~II~ENT FINANCIAL AND CO~PLIANCE AUDITS This attachment is applicable, if the provider or grantee hereinafter referred to as provider, is any local government entity, nonprofit organization, or for-profit organization. PART I: JINQLE AUDIT This part is applicable if the provider is a local government entity or nonprofit organization and receives a total of $25,000 or more from the agency during its fiscal year. The provider has 'received" funds when it has obtained cash from the agency or when it has incurred expenses which will be reimbursed by the agency. The provider agrees to have an annual financial and compliance audit performed by independent auditors in accordance with the current ~ ('Yellow Book") issued by the Comptroller General of the United States. Local governments shall comply with ~ ~~. Nonprofit providers receiving federal funds passed through the agency shall comply with the audit requirements contained in - ~L~~, except ss modified herein. Such audits shall cover the entire organization for the organization's fiscal year, not to exceed 12 months. The scope of the audit performed shall include the financial audit requirements of the "Yellow Book", and must include reports on internal control and compliance. The audit report shall include · schedule of financial assistance that discloses each state contract by number. An audit performed by the Auditor General shall satisfy the requirements of this attachment. Compliance findings related to contracts with the agency shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing whether or not ~atching requirements were met. Ail questioned costs and liabilities due to the agency shall be calculated and fully disclosed in the audit report with reference to the agency contract involved. These requirements do not expand the scope of the audit as prescribed by the "Yellow Book". If the provider has received any funds from a grants and aids appropriation, the provider will also submit a compliance reports{s) in accordance with the rules of the Auditor General, chapter 10.600,. a~d indicate on the schedule of financial assistance which contracts are funded from state grants and aids appropriations. Copies of the financial and compliance audit report, management letter, and all othe: correspondence, if any, related to audits performed by independent auditors, other than the Auditor General, shall be subm/tted within 150 days after the end of the provider's fiscal year, unless otherwise required by Florida Statutes, to the following: A. Fiscal Manager for the agency B. Submit to this address only those reports prepared in accordance with OMB Circular A-133~ federal Audit Clearinghouse U.S. Bureau of the Census Jeffersonville, Indiana 47132 Submit to this address only those reports prepared in accordance with the rules of the Auditor General, chapter 10.600: Jim Dwyer Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 The provider shall ensure that audit working papers are made available to the agency, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the agency. DOEA-IO4A 18 08/01/97 Contract PA.T ,,: CRAMS ^.D ^,DS This part is a~plicable if the p;ovld~ is awarded ftmds from · grants and aid appropriation, I~d Is MthM (1) a local govMnment arttity or nonprofit organization rec~g · total of k~t than 425,000 from the agency dul~'lg hi fiscal year or (2) · for-profit org~nizatlon receiving any amount from the agency. The provider has "received" funds when it has obtained c~sh from the ~gency or when it has I~curred expanses which will be reimbursed by the ·ge~cy. If the ·mount received from grants and aids appropriation awards exceeds 4100,000, the providM agree· to hive a~ audit performed by In independent certified public accountant and submit I compliance report(i} In tCcordancl with the nJlt~ of the Aucr~or GenMei, chapter 10.600. The au(It rel3ort ~al ~ciude a schedule of f~anclai IS·Itt·bCe that disdost~ each Itltl contract by number and I~dicates which contracts are funded from state grants and ·ida appropriations. Compliance findings related to contracts with the agency shall be based on the contract requirements, Including any tuleao regu~atk)ns, or statutes referenced ~ the corttrect. Where applicable, the audit report ~hall Include I computatlorl Ihowing whlthM or not matching requirements wm'e met. Al questlo~ed rossi and ~litlas due to the agency ~hail be calculated and fuly disclos~l In the audit report with reference to the agency contract ktvolved. If the amount received from grants and aids appropriation awards exceeds 425,000, but doe~ not exceed 1100,000, thl providM may have an audit ·· described above or have a statement prepared by an independent certified public Icco~ttant ~ attests that the provider has complied with the provisions of NI contracts funded by I grants and aids appropriation. If the amount received from grants and aids appropriation ·wards does not exceed 125,000, the providM ~ hM the h&ld of the entity o+ organization attest, under penalties of perjury, that the organization ham compQed whh the provision· of ail contracts funded by a grants and aids appropriation. Copies of the audit report ~nd all other correspondence, If any, related to audits performed by the Indepandan! auditor, or the attestation statement, shall be submitted within 150 days after the provlder's fiscal year and to the following: A. Fiscal Manager for the agency Jim Dwyer Office of th,, Auditor General P.O. Box 1735 T&ll~hassee, Florida 32302 The provider shMI ensure that audit working paper· are made available to the agency, or its designee° upon request for · period of five ye·rs from the date the ·udlt report Is Issued, unless extended in writing by the agency. PART II1: NO AUDIT REQUIREMENT Th~ pa~ is apl:~C, able ~f the provid~ is not awarded funds from · grants a~d ·ids appropriation, and I· aether (1) I local government ~tJty or nonprofit organization r~v~g a term of lass than t2S,O00 from the ag~ ~g El nam yMr M (2l a for~roM o~ ~g my ~t from ~e ~. ~e provider has 'recMved" funds ~ k has obt~ ~sh from ~e or ~ E has ~rred exposes whl~ w~ be r~mbursed by the The provider has no audit or attestation statement required by this attachment. DO£A- I~,~ 19 Contract .o.~ 1 60 7 ATTaChmENT II HOME CARE FOR THE ELDERLY BUDGET PSA ~ PROVIDER: Collier County Board of Commissioners Original Amendment 1. Case Hanagement 2. HCE Subsidies 4. Total 2O 08/01/97 Contract Report CONTRACT RBPORT CALENDAR ADVANCE BASIS CONTRACT HOME CARE FOR THE ELDERLY 160 7 ATTACHMENT Submit to Agency on 1 2 3 4 6 7 8 9 10 11 12 13 14 15 August Advance* Auqust 1 September Advance* August 1 September August Expenditure Report September 20 October September Expenditure Report October 20 November October Expenditure Report November 20 December November Expenditure Report December 20 January December Expenditure Report January 20 February January Expenditure Report February 20 March February Expenditure Report March 20 April March Expenditure Report April 20 May April Expenditure Report Hay 20 June May Expenditure Report June 20 July. Adv. Recon. June Expenditure Report July 20 Aug. Adv. Recon. Final Request for Payment August 20 ** Closeout Report September 20 Legend: Note I 1: Note $ 2: Note t 3: Advance based on projected cash need. Submission of expenditure reports may or may not generate a payment request, If final expenditure report reflects funds due back to the department, payment is to accoml~any the report. Report Sl for Advance Basis Contracts cannot be submitted to the State Comptroller prior to July I or until the contract with the Department has been executed and a copy sent to the Comptroller. Actual submission of the vouchers to the State Comptroller is dependent on the accuracy of the expenditure report. A final request for payment may be m/bmitted to the department by the provider up to 60 days after the contract has ended. The last three months of the provider's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first three months of the contract. 21 ATTACHMENT IV NOTICE OF DECISION OF ACTON TO BE TAKEN AND EXPLANATION OF TH~ GRIEVANCE PROCEDURE FOR THAT DECISION Notice of ck:cision and an explanation of thc grievance procedure must be mailed no less than 30 cakndaz* da~ p~ior to the da~ action will be taken. (Prior notice is ncr appllcablc where the health or s,xl'ety of the individual is endangc, t~d it'action is no~ taken ~ however, notice must be made ts soon thcrea~er as practicable.) T~e Notice must contain: · st~tcn'~nt of what action i~ intended to be taken; the reasons for the intended action; the specific law. rule. regulation, or change of law that requires the action; a.n explanation of: the indlvid~tal's right to · grievance review if requested in writing and delivered within 14 calendar* days of the Notice postmark (assistance in writing, submitting and delivering the req~ must be offered and available to the individual). tl~ individual's right. ~ a grievance review, for further appeal. the risht to reek redress through the courts fi'applicable; tn explanation of the circumsut, x:es under which current benefits, ifa.ny, are continued it'-, grievance review is n:quested, and until a final decision is made to discontinue services; and ,,'staiement that the individual may represent herself or us~ legal counsel. ~ relative, a friend, or other qualified repre~-ntative in the requested review proceedings. All records of the above activities must be pre, ri.ed and remain confidential. GRIEVANCE REVIEW PROCEDURE UPON TE~LY RECEWT OF A WRITrEN KEQUEST FOR REVIEW Witl~n 7 c~:nda~ ~ of the receil~ ora n~iuest for s~4ew, t~e p~r m~ ~1~ ~ of~ ~ ~ a ~ ~t ~i~ m ~ ~. ~s ~tement m~ ~ p~ ~ ~ ~ fi~ ~ p~ ~ for ~ ~ ~ ~fion ofo~ or ~ ~ ~ w~ ~ ~ ~n ~i~ ~ ~ ~on ~ i~; ~ ~ to a ~ of~ ~ ~M at ~ ~ to ~ i~d~; ~ ~~ m i~o~y p~t ~n~ ~ ~ ~ ~ ~ ~~ ~ ~ ~le g~ ~o~ ~ ~ng ~ ~ a ~ ~n for ~ ~~fio~ ~ ~r ~ ~ ~ Di~ilig~ A~ 'T~ rcvicwcr(s) must provide written notification io thc requcstcr within 7 calendar* days after the gri,.-v-~x~ sz. view of: thc decision, stating thc reasons thcrc£ore in dct~l: the effcct thc decision has on cunent bcncfits, if favorable, or the circumstances n:ganfing continuation of currcnt benefits until all appeals are exhausted; 22 O8/01/97 Contract No.l~ the individuaFs right to a~opeal aa advcr~ decision to th~ Ar~ Agency on Aging by writ~n ~quesl within 7 ca]¢mla~ days: the availability of a.ssistanc~ in writing submitting and dclivgfing the appeal to the appropriate agency, the opportunity to be reprcsenr~d by herscffor by legal counsel, a n:lative, a friend or other qualified r~prescntative. I~OCEDURE FOR APPEAL~ OF A GRIEVANCE REVIEW DECISION UPON 'I'I~4I~Y RECI?.II:rr OF A WI~TTEH APPEA~ TO THE AREA AGENCY ON AGING Within 7 calendar* days of the ma/pt oCa notice of appeal ora grievance ~wiew decirdon, the AAA must ~.mawledge ngeipt oCthe notice of appeal by a written statement ~liven:d to the appellant This stammmt must also provide notice ~. th~ time and place scheduled for the appeal; the designation of one or mor~ impartial AAA official~ who hav~ not been involved ia tl~ decision at is.sue; th~ opportunity to examine at · r~a~onabl¢ time before thc appeal the individual's own case reoord to date, and to a copy ofsuch ease record at no cost to the individual; the opportunity to informally present argument, evidence, or witm:ssea without undue inted'e, rence during th~ appea~; a.ssistanc~, if needed, in order to attend the appeal; and the $~opping of the intended action until all appeaJs are exhausted. AIl appeals of grievam~ review~ musl be ~ a/a masanabl¢ time, date amd plac~ by one or mo~ implrllal AA~ ~ who hav~ not been directly involved in the in/gal determination oft, be action in question. The designated AAA official(s) must provide written notification Io rig nxtuester within 7 cadendar* da~ ~ cons/tiering the decision, stating the r~asons thcrffor~ in detail; the eH'oct the decision has on current benefits, if favorable, or the circum.s~noe$ r~garding ovntinuation of current bene2it$ until all appeals are exhausted; the individual's right to appeal, if applicable. Except for Medicaid Waiver actions, the deeisa'on of ~h~ AAA shall lac the final decision. For Medicaid Waiver actions, the written notification must also imavid~ notice - of the individual's right to appeal an advise ~kclslon to t~ Agency on Health Ca~ Administratioa (AHCA) for ~ fair hearing procedu~ (Medicaid Waiver actions oM)'); and the availability of assistance in n:quesling a fair hearing, including a notice regarding accorrumxiations as n:quired by the ADA. All records of the above activities must be preserved and r~main confidential. * In computlnl any period of time prescr/bed or allowed by these lxddcllne~ the last day of the perkM so coaaimted shall be bchMed m~esa J~ is a Saturday, Sunday, or legal holiday, In which event the peri~l ~all mn until the end of the m~ day which is nelthcr a Saturday, Sunday, or Je~al holiday. NOTE: ,4J...qO SEE 42 C.F.R. 431.200-..~ nnd AHC. A Rulc~ $9G-1.010(85), (98) amd (99), aad "Grlevancc Procedure." 23 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE JULY 29, 1997 A. Collier Soil & Water Conservation District - January 22, February 5, February 19, March 4, April 2, April Ig and June I0, 1997. B. Lely Community Developmet)', District - May 21, 1997. JUL 2 9 1997 16G Collier Soil and Water Conservation District Agriculture Center, 14700 Immokatee Road · Naples. FL 33964-1468 Phone (813) 455-4100. FAX (813) 455-2693 July 11, 1997 Enclosed: Minutes of Collier Soil & Water Conservation District Board of Supervisors Business Meetings January - June, 1997 ~isc. C0rrcs: / Da,'e: ..... Co;:ks T0: CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT 16G Collier ~olI end Water ~onserveUon District 1 Agriculture Center, 14700 Immokalee Ftoad. Naples, FL 33964-1488 Phone (941) 4.554100. FAX (941) 455-2693 Board of Supervisors Meeting Business MeetinD Minutes January 22, 1997 Supervisors Present: Supervisors Absent: Others Present: Laurie Mitchell, Rob Griffin, Sean Morton. Norman Whitney, Gregory Zak Bob Sirra, Tony Polizos The meeting was called to order at 4:56 pm by Rob Griffin, new supervisor. Rob greeted and congratulated each new supervisor. He then had each supervisor introduce themselves and tell something themselves. Rob then asked for a role call. It was decided to follow the "Roberts Rule of Order" for the meeting. Rob then asked Tony Polizos for a brief synopsis of the history of the CSWCD meetings of the last year. Tony stated that there were no meetings since January 1996 because of a lack of a quorum. A discussion of oath of office took place. The election of officers then brought up. A discussion followed. Rob pointed out that 2 supervisors were not present and requested from those supervisors present to consider electing them for an officer's position. Laurie then motioned that Rob Griffin run for chairperson. Sean second the motion. Rob then called for role call of supervisors and those present. Laurie then noted that Greg Zak and Norman Whitney were absent. Rob asked for other nominations and closed it since there were none. Rob then called for the vote. It was unanimous for Rob Griffin as chairperson. Sean nominated Laurie for vice chairperson, Rob second the motion. The nominations then ceased and a vote was called by Rob. It was unanimous for Laurie Mitchell as vice chairperson. Laurie then nominated Sean for secretary-treasurer, Rob second and called for the vote. It was unanimous to have Sean Morton as sec.-treasurer. Rob asked Tony about the status of the CSWCD records. He said that part of the records are in the office and part are with Greg Perrino, accountant, who is completing the 1996 audit. Bob Sirra stated that the fiscal year for the CSWCD ends on Sept. 30th. Bob also reviewed various reports which needed to be submitted to the State of Florida. CONSE~ATION.DEVEt.OP~E~.SELF.GO%,E'RNME~ A discussion of time and date for the regular meetings took place. It was agreed that the Board meet on the 3rd Wednesday of each month at 4pm, Conference Room-Collier County Agriculture Center or at the Golden Gate Community Center. Rob stated that he would like a workshop for the Board on the sunshine law. All agreed. A discussion of the minute~ took place. Tony stated that he will assist one supervisor to write the first set of minutes and that the Board will have to hire someone later to take minutes and write them up. Bob stated that the minutes do not have to be transcribed but that a summation of the discussions and votes be documented. Laurie then motioned to accept the last minutes into the record which was in January 1996. It was noted that the new supervisors cannot approve the minutes since none of them were in office at that time. Sean second the motion, Rob called for the vote and the motion passed unanimously. The next item on the agenda was reports. Sean stated that the CSWCD financial record looked good. Tony stated that the NRCS owed the CSWCD $13,000+ for the MIL 1st quarter operation. A discussion and brief history of the Collier Co. funding of the CSWCD took place. A discussion of the office space and sharing with the NRCS took place. Tony then reviewed the staffing situation and the NRCS-CSWCD partnership with the Board. Sean then read the financial report balance into the record which is $63,351.09 as of 1- 22-97 and the NRCS owes $13,000+. Rob then moved item 8a on the agenda and postponed the remaining reports for the next meeting. Laurie then motioned to hire a secretary, Sean second the motion, and Rob opened it up for discussion. A discussion of the need, funding, and duties of a full time and part time secretary took place. Tony suggested that the Board appoint a supervisor to work with him in deciding on full time or part time. A discussion took place on Emily Smith as secretary and why she left. Rob requested that an effort be made to contact Emily and ask her if she is interested in the position. Tony said that he will do so. A discussion followed about full time and part time secretary position and requirements, including tour of duty for the secretary. A discussion followed on the MIL contract. Laurie asked about the salary and tour of duty for the MIL technician. Rob then called for the vote to hire a secretary, and it passed unanimously. Laurie asked if the secretary position would benefit the MIL. Tony said yes and went over various tasks the secretary would perform for the MIL. Laurie motioned to gather information for the MIL technician. Sean secohd the motion and Rob called for the Vote which passed unanimously. 16G 1' Ail agreed that a meeting will be held on February 5, 1997, 4pm at the Golden Gate Community Center. Laurie volunteered to post the meeting in the Naples Daily News. and to reserve the meeting room. Rob then tabled items 7b, c,d, 8a2 till the next meeting. Rob then brought up 8c which is the sunshine law memo from the county. Rob requested the Board to have a workshop after the next meeting on the sunshine law and past projects. Rob then tabled item 9c. A discussion took place on the status of the Zak/Whitney case with the State Attorney concerning the Sunshine Law. The Board discussed the inactivity and unavailability of Mr. Zak. Laurie motioned to write a letter concerning Mr. Zak's case to the Supervisor of Elections and the Fl. Dept. of Agriculture. Sean second the motion and it passed unanimously. Rob agreed to draft a letter and have it ready for the next meeting. Rob said that he will try to locate Mr. Whitney and inform him of the next meeting. The Cooperative Working Agreement between the NRCS, CSWCD and the State of Florida was presented to the Board by Tony. The board reviewed the agreement page by page. Sean motioned for approval of the agreement. Laurie second and the motion passed unanimously. Sean raised some questions on the CSWCD funds. A discussion followed on how the funds may be spent. Laurie suggested that the Board obtain a copy of the Collier Comprehensive Plan. Laurie made a motion to adjourn. Sean second the motion. Rob called for the vote and motion passed unanimously at 6:26pm. Chairperso~.~__.../ '' Date 166 Colller 5<311 and Water Conservation Di~z~-t Agriculture Centre', 14700 Imrnokatee Road. Naplea, FL 33964..14~8 Phone (941) 455-4100 - FAX (941) 455-2693 Workshop Board of Supervisors February 5, 1997 Agenda 1. Call to order 2. Sunshine Law 3. Mobile Irrigation Lab 4. Wetland Restoration Project 5. Southern Golden Gate Estates Project ,;46. Environmental Quality Incentives Program (EQIP) 7. Adjourn COnSERVATiON - DEVELOPMENT . SELF. GOVERNMENT 168 1 . Collier Soll end Water Conservation District Agriculture Center. 14700 lmmokalee Road. Naple~, FL 33964-1468 Phone (g4~) 4S5.4~ 00 - FAX (~4~) 455-2693 Board of Supervisors Workshop February 5, 1997 The workshop was called to order at 5:51pm by Rob Griffin, chairman. Supervisors present were Laurie Mitchell and Sean Morton. Supervisors absent were G. Zak and N. Whitney. Others present were Tony Po]izos, Bill Jolly, and Tom Henning. A discussion on the Sunshine Law took place. Rob shared with those present the memo from David Weigel, county attorney. Tom pointed out that this Board was elected and the memo does not go far enough to cover them. The memo was directed for appointed boards. Tony then told the Board that Dave Wilkison wanted to share the memo with them for informational purposes. Bill Jolly said that if he new that this was going to be a formal workshop then he would have been prepared to give them more information. Rob then went through some of the items in the memo. Tony said that in the interest of time board should table the remaining items on the workshop agenda. He said that the EQIP item was important and that the CSWCD will have a public meeting on it for targeting priority areas in the county for cost-share payments to install BMP's. Tony then passed out information on the EQIP and the 1996 Farm Bill. Tony asked Rob if he can put EQIP on the next agenda and Rob said yes. The workshop adjourned at 6:26pm. Rob Griffin Chairman Date CONSERVATION · DEVELOPMENT · $ELF-QOVERNMENT Collier Soil -.nd Wirer Con~rvition District Agrlcullure Center, 14700 Immok&le~ Ro~d - N~oles, FL 33~1488 Phone (~41) 455-4100. FAX ({}41) 455-2893 5~,.~ ' Board of Supervisors Business Meeting Agenda Febru~ry 19, 1997 1. Call to Order 2. Approval of last minutes 3. Workshop minutes 4. EQIP 5. Vehicle quotations 6. Position vacancies - status 7. Other 8. Adjourn CO~ERVATIO~ . D~'V~'LO~EN~ - SE~F4~ENI' -1 Collier Soil and Water Conservation District Meeting Minutes February 19, 1997 The meeting was called to order by Mr. Rob Griffn at 4:0g p.m., February 19, 1997. Those in attendance included: Mr. Rob Griffin, Ms. Laurie Mitchell, Mr. Scan Morton, and Mr. Tony Polizos. Supervisors absent fi.om the meeting included Mr. Zak and Mr. Whitney. Minutes fi.om the previous meeting were reviewed. Mr. ~ motioned to approve the minutes and Ms. Mitchell second the motion. The minutes were unanimously approved by the Board. Mr. Griffin indicated that he drafted a letter to Ms. Mary Morgan, but that it needed to be placed on CSWCD letterhead. Mr. Polizos agreed to transfer the letter to CSWCD letterhead and bring the letter to Mr. Griffin for his signature. Workshop minutes were reviewed by the Board. Some discussion took place regarding the Sunshine Law as it applies to the Board. Mr. Griffin made a motion to approve the minutes from the Sunshine Law workshop. The motion was second by Ms. Mitchell. The Board approved the workshop minutes unanimously. Mr. Polizos provided the Board with details of Environmental Quality Incentive Program CEQIP). Mr. Polizos explained the relationship between Natural Resources Conservation District CNRCS) and Farm Services Agency (FSA) as they relate to various EQfP programs. Ms. Mitchell notified the Board that she is an alternate member of the FSA Board. According to the EQIP program, Local Conservation Districts will assist NRCS to identify "priority areas" of environmental concern in their County. Mr. Polizos anticipates holding a meeting with various specialists (governmental and private) to aid the CSWCD in identifying potential priority areas in Collier County. Discussion took place on the various programs offered under the EQIP program. The two EQIP programs which the District will likely participate are the Wetland Reserve Program and the Wildlife Habitat Incentive Program. Mr. Polizos indicated that the United States Department of Agri:ulture (USDA) is responsible to notify Collier County land owners of the EQ~ program. The Board and Mr. Polizos discussed various details of the EQIP program including a possible meeting place, time, and individuals who we my wish to include in a workshop. Mr. ~ requested keeping EQIP on the agenda for Future CSWCD meetings. Mr. Polizos and Ms. Mitchell will work on developing an EQIP outline for the District to review. The Board discussed the purchase of a vehicle for the Mobile Irrigation Lab.. Tlu'ee different vehicles with price quotes were provided: Ford Explorer ($24,715.40),. GIVIC Jimmy ($24,753.55), and Chevrolet Blazer ($25,216.76'). ARer a discussion, Mr. C_.niffm made a motion to purchase a 1997 Ford Exp]orer from Tarrdami Ford, M~. Mitchell second the motion. The motion passed unanimously. The purchase pdce for the vehicle is $24,715.40, which includes five (5) P235 75 15 tires. Mr. Polizos provided the Board with resumes he received from individuals interested in the administrative assistant and MIL Tech position. The Board reviewed the resumes and discussed which individuals they felt were suitable for the positions. Three (3) administrative assistant resumes were appealing to the Board. Five (5) MIL Tech resumes were selected from those submitted to the Board. It was agreed that a portion of the interview for the administrative assistant position would include a typing test. Mr. Polizos and Ms. Mitchell would hold interviews for the administrative assistant position on Monday, February 24, 1997. Mr. ?olizos and Mr. Griffin would hold interviews with the five individuals interested in the MTL position on Tuesday, February 25, 1997. Ms. Mitchell indicated that she is meeting Mr. Burr Saunders to discuss the advantages of potassium chloride over sodium chloride as a water softener for drinking water from potable wells. Ms. Mitchell requested the support of the Board in backing her idea of potassium chloride over sodium chloride. It was agreed by the Board that Ms. Mitchell would indicate to Mr. Saunders that the Board will have this item on the agenda of the next meeting. Mr. Polizos recommended contacting the University of'Florida to find out if they have conducted any studies on potassium chloride versus sodium chloride. Mr. Morton gave Mr. Polizos an invoice to review prior to submittal to NRCS. Mr. Polizos indicated that ,'vh'. Beck, lV[R, Team Leader, corrected the First Quarter MIL report and would attach the referenced report with the invoice to NRCS. Mr. Griffin made a motion to adjourn the meeting at 5:55 p.m. Mr. Morton second the motion. 1' Collier Soil .nd W.ter Con~erv.tion District A~rlcu~ture Center, 14700 Immokalee Road. Naple~, FL 339~4-1468 Phone (941) 4~5-4100. FAX (941) 455-2~93 1. Call Co order 2 0 Supervisor's Meeting March~, 1997 Agenda Approval of last meeting minutes Reports: Financial DC MIL Field Rep. Personnel: MIL Technician Adm. Assistant 5. Vehicle update 6. EQIP Meeting 7. Other 8. Adjourn Colller Soil end Water Conservation Dlatrlct Agrlcu~ure Center, 14700 Immokalee Road. Naple,, FL 339~1-14~8 Phone (941) 4554100. FAX (941) 4.~-2693 Board of Supervisors Meeting Minutes March 4, 1997 The meeting was called to order by Mr. Rob Griffin at 4:01 p.m. on March 4, 1997. Those in attendance included: Mr. Rob Griffin, Ms. Laurie Mitchell, Mr. Sean Morton, and Mr. Tony Polizos. It was noted that Mr. Whitney and Mr. Zak were absent. A letter to Mary Morgan regarding Mr. Whitney and Mr. Zak was read by Rob to be given to Tony to have typed on letterhead. Tony suggested some changes. He pointed out also that the letter does not mention the investigation by the Sheriff's department and the State Attorney's office. Sean moved to accept the letter with modifications. Laurie seconded the motion. There was a discussion on hiring of administrative assistant. Tony reported 5 were contacted. There was one no-show, one who declined due to the hours, and one who had poor telephone etiguette. The resumes and ratings of the two remaining applicants were discussed. Tony explained that the areas rated were computer skills, typing, communication skill, telephone etiquette, educatzon, and related experience. The two applicants were very close in rating. Laurie recommended Karen Toner for the position. Sean seconded the motion. There was discussion on compensating administrative assistant for hours required to attend meetings. She will be compensated in time. Laurie moved to hire Maryann Mort if Karen declines. Sean seconded the motion. The next item on the agenda was hiring of an MIL technician. Rob and Tony reported on 5 resumes. There was one no-show; four were interviewed. The areas rated were knowledse of S- county area, knowledge of growers, knowledge of agrlcultural practices, education, experience in related field, irrigation, computer experience, communication skills. Michael Hussion was rated #1. Tony stated one drawback was he does ngt hgve a Bachlor's degree, but he is workin on it, and that zn Tony's opinion, Michael's experience ~n the field outweighed the requirements for a Bachelor's degree. Rob stated M~ke comes well ~repared, that Michael felt his computer skills, communications skills and ability to work with people a big plus. There was a discussion of the other applicants. Rob expressed confidence 'in Michael's abilities 16G 1 and recommended hiring him. At Laurie's suggestion, Paul Hinchcliff would be second choice. Rob agreed. Rob moved to contact Michael to hire him to start March l0 at 7:30. Laurie seconded the motion. Rob moved to contact Paul Hinchcliff if Michael is unavailable. Sean seconded the motion. It was agreed Laurie would call Michael and Karen. Rob suggested a letter to the other applicants. It was agreed Laurie would write the letter. Tony reminded that it had been brought up in the past to get a service to issue checks for employees. Sean sa~d he had discussed it with Dave Wilkinson who indicated it was a great idea that would save the District a lot of hassle. Tony said that an estimate from a former board member was $300.00 to $400.00 per year to provide the service and would keep a supervisor from coming to the office every two weeks to pepare checks. Rob suggested he would contact companies for a presentation at the next meeting. The minutes of the last meetin$ were reviewed. Rob stated tha~ the board had discussed giving the administrative assistant applicants a typin~ test. He was disappointed this was not executed after ~t was agreed u~on and was concerned about the speed which may be required at times to get something typed. Tony explained that with the word processor, they usually did their own typin~ in the office. If necessary, Tony can transfer his draft into the secretary's file on the computer for her to polish and check for spelling and prepare final copy and mail. Rob stated he contacted Bob Nochta at Tamiami Ford on the 25th regarding the Ford Explorer and was advised it would be available in 2 weeks. Tony said that the dealership will call the office and let him know when to expect the vehicle. It should happen by the end of this week. It is on order and no paperwork is needed now. Discussed that one signature is required. Rob wants to make sure ensignia is put on it. Sign or decal can be ordered. Laurie moved to approve minutes of the February 19, 1997, meeting. Sean seconded the motion. Tony said the board should consider setting a date for the EQIP meeting. He shared with the board the importance of EQIP. Laurie was designated to oversee planning for the meeting with Tony. Tony said a lot of personal contact is needed to get growers, agency representatives, water management people and others there. Growers and special interest groups have so many meetings that they have to priortize, and we need to make sure the EQIP receives high priority. The meeting should be highly structured and move along quickly. He suggested April 30, 4:00-8:00 p.m. We will have to provide for snacks, etc. Rob asked about agenda. For the location, the Agriculture Center was suggested as being centrally located and well equipped. Sean described the bills that needed to be paid: $335.92 to Naples Daily News for advertisement, $18.50 to Hach Co., $550.00 to National Association of Conservation Districts. Laurie moved to pay the bills. Sean seconded the motion. Laurie reported on pursuing Land Development Code information which has to be reguested through Tallahassee, plus the supplement (changes since published) for a cost of $169.60. Laurie suggested we have a copy of this in the office and wanted board approval to obtain it. Rob questioned why we need it. Tony explained issues of hodgepodge development of small agricultural operations in county. Laurie said we should pursue because site plans are not required and the county has nothing to protect the small farm. Tony expressed it would be a good idea to have since we are involved in conservation plans and resource management plans for small growers. Tony does not want to give small growers a design that breaks county or state codes. This is a way of getting involved in county government. Rob moved to obtain the Land Development Code. Laurie seconded the motion. Laurie re~orted that she decided to pursue the potassium chloride ~ssue as education; there is money with Water Management which could be appled for to prepare educational brochures for adults. If the Board backs Laurie, she feels that Water Management will consider a grant. Laurie is interested in educating and having potassium chloride offered as an alternative to salt in water softeners. Rob moved for Laurie to pursue the grant for 1998 and to keep the Board informed as it progresses. Sean seconded the motion. There were no objections. Laurie said she would brin$ a copy of the Santa Barbara pamphlet to the next meetzng. The next meeting was set for April 2 at 4:00 p.m. Rob asked that Tony arrange for the new employees to come. Laurie will make arrangements for use of the room. Meeting was adjourned at 5:28 p.m. kt 16G 1 AGENDA APRIL 2, 1997 1. Call to order 2. Roll Call 3. Approval of Minutes, March 4, 1997 4. Reports a. Financial b. D.C. Report c. MIL Report 5. Old Business a. Title for 1988 Ford Van b. Service to provide payroll checks and reports Board approval needed for a. Purchase of answering machine b. Leasing of postage meter c. Providing operating expenses for new vehicle until new tag & credit cards are received. d. Approval of administrative assistant to use Office Max & Office Depot credit cards. 7. Adjourn 16G 1 Collier Soil & Water Conservation District Meeting April 2, 1997 Supervisors present: Supervisors absent: Rob Griffin, Chairman Laurie Mitchell, Vice-Chairperson Sean Morton, Secretary/Treasurer Norman Whitney, Member Gregory Zak Staff present: Mike Hussion Karen Toner Others present: Tony Polizos, NRCS Bob Beck, NRCS The meeting was called to order by chairman Rob Griffin at 4:00, April 2, 1997, at Golden Gate Community Center. Rob asked everyone to go outside to see the new MIL vehicle. At 4:10, Rob continued the meeting. Rob asked Norman Whitney to tell about himself. Norman explained he was elected 2 years ago, a retired lawyer from Connecticut. Laurie moved to accept minutes of previous meeting. Sean sec- onded motion. Norman stated for point of record he was not at previous meeting. Rob asked Karen to send the minutes of the meetings for 1997 to Norman. Rob asked Sean for the financial report. Sean reported on the audit done by Greg Perrino's office, several copies of which were provided to distribute to various agencies. Part of the process involves deficiencies noted by the auditor which, Sean felt, need to be addressed by the board before sending the audits, so that explanations could be included. The weak- nesses were discussed. Sean pointed out that most were due to the fact there were no employees. Rob suggested that Sean and Karen should meet with Dave Wilkison to see how he handled these in the past--next week, if convenient for Dave. Norman suggested that would not be in accordance with Sunshine laws and perhaps a motion should be made to have Dave come to the meeting. There was a discussion on the Sunshine Law. Tony suggested that Karen go by herself. Sean said he would drop off a copy of the audit to Dave tomorrow and then Karen can call him. We should verify that $2,500.00 is the agreed-upon amount to pay the auditor. Sean described the bills due, one to Florida ~ssociation of Soil & Water Conservation Districts for $500.00. Karen to check if District paid this last year, and previous years. ' Sean suggested contacting previous board members as to whether or not these dues are necessary. Norman stated that at one time the District was thinking of getting out of the organiza- tion because they were not getting enough out of it. Records to be checked to see if it was voted on. The other bill was for the Naples Daily News subscription. Sean moved that the bill for one year's subscription, $201.60, be paid. Laurie seconded the motion. Norman stated he felt there was no need for the newspaper, and moved that it be dropped. Rob ex- plained that a motion and second had already been made to pay the bill and opened discussion. Laurie explained the need for the paper, for Karen to find the pertinent articles to keep the Board informed regarding farming, water, other local is- sues. Rob stated that as a member of the community and an ad- vocate he wanted to be kept informed and hoped that District employees as well would have knowledge and access to informa- tion. Rob stated he is in favor of getting the paper. The motion to pay for the Naples Daily News was voted on and passed. Tony gave the District Conservationist Report (attached). A discussion followed regarding the SGGE wells, and using volun- teers from Conservancy. Norman requested information on wet- land delineation. Tony suggested an introduction section from the manual since the manual is lengthy and cannot be removed from office; he will copy it for Norman. Bob gave the MIL report (attached). There was a discussion on the workshop held in cooperation with Collier County Extension Service. Rob stated he would like to have attended the work- shop. Bob said another workshop could be set up for the gen- eral public. Rob explained he was going to suggest that one be held on a Saturday possibly, the question being, will it generate work we would not have the manpower to do. Bob an- swered that the workshop already held has generated work that will go beyond the requirements of the contract. Rob would like to see another one held this year if manpower allows. Norman questioned whether the services provided could be charged for. Tony & Rob explained that the services are paid for by taxes. Rob and Tony had discussion about advisability of expanding exposure. Tony has been approached by Pelican Bay communities; they have keen interest in starting urban lab just to service that community. If they are interested they will come to this SWCD so there may be a source of outside funding to operate another mobile irrigation lab. Norman questioned that that organization could hire MIL but individu- als can't. Tony explained that the organization wants a cer- tain area targeted and they are willing to pay to hire someone for that specific area. The MIL is a 5-county area; one area can't be targeted while the other areas suffer. Norman ques- tioned what one specific area is and excused himself from the meeting to get a blackboard. Bob continued, explaining those trained will be able to serve large segments of public. Laurie 16G wanted to know when next Master Gardener seminars are sched2 uled with MIL. Bob said Extension Service will probably be asking us every time. Rob stated he would like the District to host its own seminar, separate from Extension service, on sprinkler systems, conservation, etc. Bob said it would be a duplication of Extension Service. Tony added Extension Serv- ice expertise would be required at seminars for lawn- specialized questions that we can't handle. Rob asked if we could not work with the Extension Service to offer that too. Bob said we did approach Extension Service last year with such a request, but it never materialized. This year when they ap- proached us, we immediately agreed (though that was a special group and it could be done for the general public). Rob stated he wants to make sure we get exposure, that citizens know what we do, what services we offer. Bob continued MIL report. Discussion followed on irrigation, chlorine, iron, acid treatment. Norman asked to make his presentation on the blackboard; he stated his interest was that what MIL was doing would give us some returns. Norman asked when the deficiencies reported were discovered at the farms, were the growers chastised by MIL. Bob explained that tact was used, but if the farmer is avail- able, they will review the problems, and a typewritten report Js provided. Norman asked if all that service is for no charge, and Bob confirmed that was correct. Norman pointed out that in the past they were looking for means of raising income. Since they are providing a service for a farmer and the farmer is in business, what can our return be? How do we work it out with what money we have to do all that, if many requests came for our services. Bob explained that he sched- ules when the requests come in. Working under an umbrella agreement with the District, he determines deliverables, try- ing to spread the service among as many growers as possible. Norman said if many requests for services were received, how would we allocate the work; does some disaster have to be in- volved to make determination? Bob explained, no, they usually don't have that information. If someone requests help, they try to provide it. The purpose of MIL is to help growers and irrigators use irrigation water to the maximum efficiency to conserve water. Norman's point was shouldn't they be rewarded for that good work? Laurie pointed out that this discussion was taking too much time. Rob asked that in the interest of the time restraints today could Norman and Bob meet together to discuss this? Norman said no, due to Sunshine laws. Rob explained that since Bob is not a member of the Board, Norman could meet with him. Tony pointed out there is a need for an urban irrigation lab and with proper politicking, you can get it. Rob pointed out that was what he was saying he is inter- ested in - doing more urbans. Rob ended discussion so that other business could be attended to before adjournment. The next agenda item was status of 1988 Ford van~ Rob re- ported he tried to get duplicate title; county has no record of vehicle number when he went to courthouse . Karen was asked to pursue at this point. Re contracting out payroll: Rob reported he made some calls to some independent companies, but now Karen is hired and she has payroll capabilities. She stated she can handle, though there may be questions she may have for tax accountant at times. Rob stated we will not go with independent companies. Norman suggested payroll duties just be added to job description. Discussion on answering machine. 2-line system at this time. Rob asked for 3 estimates. Since current wiring is now for 2- line, we may have to get 2-line though we really need only one line. Rob delayed decision at this time. Board decided not to get postage meter at this time. Tony recommended Board provide enough money to MIL to pay for fuel till Federal credit card is obtained. Rob asked about checks on the vehicle. Tony explained that Federal government maintains a system and NRCS, as keeper of the vehicle, main- tains that policy. Annually the vehicle is taken in for main- tenance checks and also the operator is to make sure every- thing is working properly. Rob would like this to be done sys- tematically by operator, once a month. Tony explained that that is done and that it is up to him as office manager to be responsible for making sure everything works. Rob requested some documentation in case there is ever an accident. Tony can find the policy on this and copy it. Norman moved that gas be provided up to normal use of past two years, with $150 cap. Sean seconded. The motion was voted on and passed. Norman moved Karen be granted approval to use office supply credit cards. Sean seconded. Motion was passed. Laurie suggested May 7 for next meeting date. Rob would like to meet before EQIP meeting, which is scheduled for April 30. The meeting to discuss EQIP was set for April 16, with only one agenda item. Rob wants Robert's Rules of Order. Laurie has a presentation planned for the next regular meeting. Next regular meeting was set for 4:00 , May 7, with presentation to follow regular meeting. The meeting was adjourned at 5:30. 16G DC Report Naples Field Office April 2, 1997 Landowner Acres Conservatio P a nih Circle M Farms 1500 Irri a ' n S m Butterflies In Flight 5 Tom Palden 1 Pacific Land Co. 500 Wetland Determinations Assistance Lely Development 30 Harvey Farms 100 Location Hy858 North off Poly Ay. N. Naples Hy858 East Lely Vanderbuilt Beach Road Other Everglades Restoration: Attended the Working Group meeting which all agencies are represented. The meeting was held at the Conservancy and addressed the South Golden Gate Estates, Lake Trafford, Belle Meade area, and the Culvert Project in Collier Co. These are project which the Water Resources Act will fund. COE Wetland Manual: Received training in the Corps of Engineers method of wetland delineation. New Employees: Provided orientation to new employees. EMA: Participated in DEP's Ecosystem Management Area meeting with other agencies. The EMA will look at Collier Co. and parts of Lee and Hendry to tie other management efforts made by USDI and the Water Mgr. District into one plan for watershed improvement. SGGE: Sent a request to the Conservancy to request volunteers to read water table information from 30 wells to be installed in the South Golden Gate Estates. Ant'~o~y Pol' os Distr~~rvationist United States Depamnent of Agriculture N:~tural Resources Conservation Servia: March 27,1997 Collier Soil and Water Conservation District Agriculture Center 14700 Immokalee Road Naples, FL 34120 Dear Sirs and Madam: Enclosed please find a summary report of the Mobile Irrigation Laboratory evaluations performed by the Naples Field Office for the Second Quarter of Fiscal Year 1997. If you have any questions concerning this report, please call us at (941) 455-4100. Sincerely, Robert D. Beck MIL Team Leader Lower West Coast Mobile Irrigation Laboratory Quarterly Report Second Quarter, Fiscal Year 1997 January I, 1997 through March 31, 1997 USDA Natural Resources Conservation Servic~ Collier Soil and Water Conservation District culture (USDA) '~ ~ The United States DePartmenti~f Agri '"~ prohibits discrimination in s program on the basis of race, color, national origin, sex, religion, age, dis~ility, political beliefs, and marital or familial status. (Not all prohibited bases apply to all programs.) Persons with . disabilities who require alternative means of communication of program information (braille, large print, audio tape, etc.) should contact the USDA, Office of Communications at ' (202) 720-5881 (voice) or (202) 720-1127 (TDD). To file a complaint, write the Secretary of Agriculture, Washington D.C., or call (202) 720-7327 (voice) or (202) 720-1127 (TDD). USDA is an equal employment opportunity employer. Introduction The Second Quarter of Fiscal Year 1997, from January 1997 through March 31, 1997 continues this tenth year of the Mobile Irrigation Lab (MIL) with new growth, increased popularity, and innovative usefulness. The MIL completed 27 evaluations during the second quarter; 19 evaluations were agricultural, including 4 follow-up evaluations, and 8 evaluations were urban, including 1 follow-up evaluation. Both urban and agricultural evaluations are scheduled for the next quarter and it is expected that the contractual goals will continue to be met. The MIL would first like to welcome Michael Hussion to our team. Mike is the new MIL technician employed by the Collier County Soil and Water Conservation District. We look forward to the contributions of our new member, and congratulate both him and the new Board on their commencement of a more effective and efficient year in conservation. A note of thanks to the Collier County Agricultural Center Cooperative Extension Service Master Gardener Series for allowing the Lower West Coast and Lee County Mobile Irrigation Labs to present a workshop on urban irrigation systems evaluation. Not only were we able to demonstrate efficient irrigation practices to approximately 20 Master Gardener Trainees, but also made them more aware of the important functions of the MIL and our attempts to conserve a precious and limited resource. They will, in turn, convey this message to the general public as they continue their work as full-fledged Master Gardeners. The MIL expertise has also benefitted growers in the agricultural sector in new and exciting ways. MIL observations and analyses of irrigation systems have resulted in more efficient management of these systems. Follow-up evaluations of specific portions of groves evaluated in the more recent past, resulted in substantial Actual Water Savings. Growers were able to quantify the effectiveness of certain management practices based on MIL analysis and plan for a future with emphasis on saving water while producing a desireable food crop.at harvest time. 16G Mobile Irrigation Laboratory Quarterly Report Naples Field Office Second Quarter FY 1997 January 1 to March 31, 1997 This report covers the second quarter of Fiscal Year 1997, January 1 through March 31, 1997. Following is a table summarizing evaluations completed for the current quarter. During the quarter 27 evaluations were completed, 19 agricultural and 8 urban, of which 5 were follow-ups, 4 agricultural and 1 urban, encompassing approximately S82.5 acres. The Actual Water Savings of 6.9 million gallons (21.1 ac-ft) are based on follow-up evaluations performed on 143.5 acres of irrigated land. The Potential Water Savings are estimated at 2282 million gallons (7004.3 ac-ft) on 739 acres of irrigated land. System Number Emission Crop of Uniformity T e Eva ua ' n Spray Citrus 12 57-91 530.0 Drip Citrus 6 3-26 323.0 Sprinkler Turf 8 40-75 9.5 Drip Nursery 1 75 20.0 Following is a list of common factors that were encountered which limited the efficiency of the systems evaluated. Broken or leaking sprinklers or emitters. Broken or leaking pipes. Clogged sprinklers or emitters. System pressure below manufacturer's recommendations. Obstructed sprinklers. Different pressures between manifolds. Poor Emission Uniformity. Pressure gauge not working. Mixed sprinklers, nozzles, or emitters. Small irrigated area. Irrigating plant beds with turf areas. Broken or leaking sprinklers or emitters. Broken or leaking pipes. Clogged sprinklers or emitters. 4 System pressure below manufacturer's recommendations. 5 Clogged filter. 6 Obstructed sprinklers. 7 Different pressures between manifolds. 8 Poor Emission Uniformity. 9 Poor Distribution Uniformity. 10. Improper spacing of sprinklers or poor coverage. 11. Pressure gauge not working. 12. Excessive pavement overflow. 13. Mixed sprinklers, nozzles, or emitters / unmatched precipitation. 14. Valves not functioning properly. 15. Excessive mainline or sub-main pressure loss. 16. Excessive lateral pressure loss. 17. Small irrigated area. 18. Excessive irrigation overflow. 19. Irrigating plant beds with turf areas. 20. Lack of rain shut-off device. Rec mm nd ion 1. Repair or replace broken sprinklers or emitters. 2. Repair broken or leaking pipes. .. ..~ .~?~ .. 3. Flush lines and clean filters more often, clean or '".' replace clogged nozzles or emitters. 4. Irrigate smaller or fewer zones, increase input pressure, or increase pipe size. 5. Flush filter more often, or install appropriate type of filter. 6. Elevate or move sprinklers, or remove obstruction. 7. Adjust pressures with valves or regulators. 8. Redesign sprinkler spacing and location. 9. Replace or install pressure gauges. 10. Check system design and utilize proper sprinklers, nozzles, or emitters. 11. Repair or replace control valves. 12. Use appropriate irrigation schedule. 13. Redesign system. 14. Adjust sprinklers and cap unnecessary sprinklers. 15. Install rainfall shut-off device. Poll w-u Re ir m n 1. Not necessary. 2. Review and evaluate recommendations through computer modeling. Document changes implemented by cooperator. A redesign may be needed in accordance with NRCS standards and specifications. 3. Re-evaluate system in the field after recommendations have been implemented. NOTE: Evaluation and/or design may involve private consultants in cooperation with USDA NRCS. 16G 1 Additional Activities of the Naples Field Office MIL Staff Second Quarter FY 1997 January - Robert Beck, MIL Team Leader, prepared an exhibit for the Collier County Agricultural Fair. - Robert Beck and Howard Yamataki, Soil Scientist, of the Fort Myers Field Office, made a presentation on Agricultural Development for Citrus Cultivation, at the East Naples Middle School. March The MIL held a Workshop on Urban Irrigation Systems Evaluation in cooperation with the Lee County MIL, and the Collier County Extension Service. The workshop was attended by the candidates for the Master Gardener Program. 16G COLLIER COUNTY SOIL LEGEND 2 Holopaw fine sand, limestone substratum 3 Malabar fine sand 4 Chobee, limestone substratum and Dania muck, depressional 6 Riviera, limestone substratum-Copeland fine sand 7 Immokalee fine sand 8 Myakka fine sand 10 Oldsmar fine sand, limestone substratum 11 Hallandale fine sand 14 Pineda fine sand, limestone substratum 15 Pomello fine sand 16 Oldsmar fine sand 17 Bassinger fine sand 18 Riviera fine sand, limestone substratum 20 Ft. Drum and Malabar high fine sand 21 Boca fine sand 22 Chobee, Winder and Gator soils, depressional 23 Holopaw and Okeelanta soils, degressiona1 25 Boca, Riviera, limestone substratum and Copeland fs, depressional 27 Holopaw fine sand 28 Pineda and Riviera fine sand 29 Wabasso fine sand 31 Hilolo limestone substratum, Jupiter and Margate soils 32 Urban Land 33 Urban Land, Holopaw Basinger complex 34 Urban Land, Immokalee Oldsmar limestone substratum complex 35 Urban Land, Aquents complex organic substratum 36 Udorthents shaped 37 Tuscawilla fine sand 38 Urban Land, Matlacha limestone substratum Boca complex 39 Satellite fine sand 40 Durbin and Wulfert mucks 41 Urban Land, Satellite complex 42 Canaveral beaches association 43 Winder, Riviera, limestone substrtm and Chobee soils depressional , 45 Paola fine sand (1-8 percent slopes) 48 Pennsucco soil (marl prairie) 49 Hallandale and Boca fine sand (slough) 50 Ochopee fine sandy loam, prairie (marl) 51 Ochopee fine sandy loam 52 Kesson muck, frequently flooded 53 Estero and Peckish soils, frequently flooded 54 Jupiter Boca complex 56 Bassinger fine sand, occasionally flooded ~EE COUNTY 2 Canaveral fine sand 4 Canaveral-Urban Land complex 5 Captiva fine sand 6 Hallandale fine sand 7 Matlacha-Urban Land complex 8 Hallandale fine sand, tidal 9 EauGallie sand 10 Pompano fine sand 11 Myakka fine sand 12 Felda fine sand 13 Boca fine sand 14 Valkaria fine sand 15 Estero muck 16 Peckish mucky fine sand 17 Daytona sand 18 Matlacha gravelly fine sand, limestone substratum 19 Gator muck 20 Terra Ceia muck 22 Beaches 23 Wulfart muck 24 Kesson fine sand 25 St. Augustine sand, organic substratum-Urban land complex 26 Pineda fine sand 27 Pompano fine sand, depressional 28 Immokalee sand 29 Punta fine sand 33 Oldsmar sand 34 Malabar fine sand 35 Wabasso sand 36 Immokalee-Urban land complex 37 Satellite fine sand 38 Isles fine sand, slough 39 Isles fine sand, depressional 40 Anclote sand, depressional 41 Valkaria fine sand, depressional 42 Wabasso sand, limestone substratum 43 Smyrna fine sand 44 Malabar fine sand, depressional 45 Copeland sandy loam, depressional 48 St. Augustine sand 49 Felda fine sand, depressional 50 Oldsmar fine sand, limestone substratum 51 Floridana sand, depressional 53 Myakka fine sand, depressional 55 Coca fine sand 56 Isles muck 57 Boca fine sand, tidal 59 Urban land 61 Orsino fine sand 62 Winder sand, depressional 63 Malabar fine sand, high 64 Hallandale-Urban land complex 66 67 69 70 72 73 74 75 76 77 78 LEE COUNTY SOIL LEGEND continued Caloosa fine sand Smyrna-Urban land complex Matlacha gravelly fine sand Heights fine sand Bradenton fine sand Pineda fine sand, depressional Boca fine sand, slough Hallandale fine sand, slough Electra fine sand Pineda fine sand, limestone substratum Chobee muck :: ~: " : q:': '~": ~: ' ~i : , ..u: ,,.u: /,,~ ~! '-~: ' /! I, .......... .~..,-..,~, ..~.:, .-.~,--~.--q;,-- .., .-~....., .-~--~ -.~ .-..--, ~. ~: ~: ~,, .~, .~: ~: ~: ~: ~: ~.: ~_,, _: ~,,~: ~ : ', ,. , %., , .%, , ~, , , ~, ~, , ~, .. ,, ~, ~, ~, ~, ~, ~, ~, ~, ~, ~, ~, ~, .-. ... ....... ~ ~ ' ~ ~ ~ .... ~ ....... ~ .... .,-,_ . .... ~: ~: ~: ~: ~: ~: ~: ~: ~: ~: ~: b: b: .....~ ~ : , : : : ,: , ,," ,-. , .... ,-. .,.. ,.- ., ...... %: , , , , ~: ~:~: ~, ~: ........... . ,. ,.. ,.., ........................ ~...~... ~ ,, I , I .... , , , I , ~, ~ , } , , ~ , I ~ · ~ ~~ ~' ~ ,,' .... ~:~': .-~-:~: .... , .~-:~,, '~'."~,,, ~ ",:~:, .... %,' .... ~,:' .... ~:,,' .., .... ~,'--~,,~ ~ , ",, , :' , 16S Collier Soll and Water Con~rvaflon District Agrk:u~re Center, 14700 Immokalee Road. Naples, FL 33964.1468 Phone (941) 455-4100. FAX (941) 455-2693 AGENDA BOARD OF SUPERVISORS April 18, 1997 2. 3. 4. 5 0 Call to Order Roll Call Approval of Minutes April 2, 1997 Consider approval of: a. Paying administrative assistant for up to 8 additional hours per week if/when needed b. Becoming member of National Association of Farmers Elected Committee c. Purchasing 2-line answering machine (cost of AT&T model 1772: $129.99 or approximate equivalent) EQIP meeting Adjourn CONSERN'ATION · DEVELO~ENT . SELF-OCTVERNMENT Collier Soil & Water Conservation District Board of Supervisors Meeting April 18, 1997 Supervisors present: Staff present: Others present: Supervisors absent: Rob Griffin , Chairman Laurie Mitchell, Vice-Chairperson Sean Morton, Secretary/Treasurer Karen Toner, Administrative Assistant Tony Polizos, NRCS Jim Piper, guest, NRCS Norman Whitney Gregory Zak Rob Griffin called the meeting to order at 4:13 p.m. He had a suggestion that a running total be kept of the meetings and that the number be recorded on the agenda, keeping the running total of the workshops se aratel . Laurie Mitchell 2, 1997. Sean Morton seconded the motion. The motion was voted on and passed. The Board considered the next agenda item, paying the administrative assistant for an additional 8 hours per week if and when needed. Following a discussion, a motion for the administrative assistant to work up to 8 additional hours per week as per Tony's needs and also Karen's, and to pay her for the additional hours, was made by Sean and seconded by Laurie. Sean added to the motion to pay her for the extra hours worked this week preparing the grant application. Laurie seconded the motion; it was voted on and passed. The next item on the agenda was considering becoming a member of the National Association of Farmers Elected Committee. Laurie explained that you have the privilege of having first alternate on your team and with that comes the privilege of having an FSA employee; this would generate more legislative information. Rob requested more information, which Laurie said she will pursue, and he requested that the item be put on the next agenda. Sean questioned what the obligation is regarding the $5,000 grant application. There was a discussion on the grant application and on potassium chloride. Tony suggested having a workshop later with Sid Blair to assist, and to invite well drillers, and to distribute the brochure. Laurie mentioned homebuilders as well. Rob invited Jim Piper to speak. Jim explained the background of Soil & Water Conservation Districts, originally established to help set priorities for conservation activities on privately-o~-ned lands, providing a direction to Natural Resource Conservation Service employees on programs available to the agency and setting those priorities, giving guidance on local issues. It has been very successful nationwide. Laurie asked him if it was his recommendation that CSWCD become a member of the Florida Association. Jim suggested attending the area meeting in Sarasota. Jim stated that he feels that it is worthwhile to be a part of the larger organization, that it strengthens the local organization. By paying the dues to join, this District is supporting conservation efforts on a wider level. Also, it helps in providing a broader base for determining the local priorities and builds visibility and recognition of this organization. He stressed, however, that this was a personal decision for this District to make. plan, such as for the next 5 years, and an annual plan that moves in that direction. He stressed the importance of raising visibility by encouraging public input and being open to suggestions. The next agenda item was the purchase of an answering machine. Tony explained the need for a 2-line answering machine. Copies of catalog offerings by Office Max and Office Depot were provided and a discussion followed. Sean moved to purchase the AT&T model. Laurie seconded the motion and the motion was voted on and passed. Tony explained the need to enable the administrative assistant to make small purchases, such as postage. Laurie moved to allow postage purchases up to $100 per month. Sean seconded the motion. The motion was voted on and passed. Rob requested putting on next month's agenda getting awards for Dave Wilkison and Bob Sitta. Tony reported on his discussion with Laurie regarding the Eqip meeting. He explained that those attending will advise us of their concerns. An area targeted for cost-sharing is the Everglades Wildlife Habitat Improvement Area, which includes 5 counties. Tony explJined that at the meeting an introduction should be made; Laurie will provide Farm Services Agency brochures/information. Rob should have everyone introduce themselves. About 15 to 20 growers will 3 16S 1 be there. It will be held at the Ag Center. Laurie stated a list of priorities: water issues, ag sustainability, compatibility, integrity, backflow irrigation management maintenance, construction, conservation measures, runoff, sewage, urban storm, ag water, nutrient organic management, pesticide management, wildlife habitat, forestry, which(wildlife habitat/forestry), Laurie pointed out, Tony and she felt was a major consideration, flooding, animal wastes, livestock water, wetlands, water quality, grazing land, improved pasture, abandoned artesian wells, tree planting, investigating regulations, use of agricultural chemicals, compatibility in agriculture. Rob said that our role is as host and that we will need to provide refreshments, to go to Publix and buy party trays and sodas for 20 to 30 people; he will bring coolers. He called for a motion for the refreshments. Sean moved to approve $100.00 for sodas and snacks. Laurie seconded the motion and it was voted on and passed. Tony said to expect the meeting to last to 6:30 or 7:00. Layout of room, preparations was discussed. Tony explained that phone calls ~, ' ,"^A'. _ · ~ s sou De 4:00 to 6:30. There was a discussion on the newness of the program. Jim pointed out that up to 75% cost share can possibly be received on any practice in the standards & specs that accomplishes one of the objectives as described in the Everglades Wildlife Habitat application. He pointed out that specific answers cannot be given at this point. There being no further business, the meeting was adjourned at 5:44 p.m. 16G 1 Collier Soil end Water Con~rvatlcm District Agriculture Cente~, 14700 Immoknlee Road - Nal:4e~, FL 3.3964-1468 Pt.4me (941) 455-4100 o FAX (g41) 455-2693 AGENDA BOARD OF SUPERVISORS 6th Regular Business Meeting 1997 June 10, 1997 2. 3. 4. Call to order Roll Call Approval of minutes, 4/18/97 Reports a. Financial Report b. D.C. Report c. MIL Report d. Field Rep Report 5. Old Business a. Membership in FACD b. Membership in National Assn. of Farmers Elected Committee c. Audit and letter re deficiencies d. Sale of 1988 Van 6. New Business so Awards for Dave Wilkison and Bob Sitta South Golden Gate Estates survey contract Establishment of rules for business meeting "Locally Led Conservation" Letter re Best Management Practices (BMP's) Surety bonds Other business 7. Adjournment 168 1 Collier Soil and Water Conservation District Regular Business Meeting June 10, 1997 Supervisors present: Supervisors absent: Staff present: Others present: Robert M. Griffin, Chairperson Laurie L. Mitchell, Vice-Chairperson Sean P. Morton, Secretary/Treasurer Norman Whitney Greqory Zak Karen Toner, Administrative Assistant Anthony Polizos, NRCS The meeting was called to order by Chairperson Rob Griffin at the Golden Gate Community Center at 4:06 p.m. The roll was called. Rob asked for a motion to approve the minutes of the previous meeting, April 18, 1997. Sean Morton made the motion. Laurie Mitchell seconded the motion and the motion was passed. The financial report was given by Sean who noted that reports were provided covering the period January through May. There was a discussion regarding the Florida League of Cities payment, in that a participation credit is expected. Karen Toner is to check on amount and when next payment is due. Laurie moved to accept the financial report. Sean seconded the motion and it was passed. Tony Polizos gave the DC report. He requested that Morris Farms and Topiary be added to the EQIP category. He reported that at the meeting with SFWMD personnel the budget was discussed and that our projects will not be cut from the budget but will be covered for the next two years. A brief report on the training in Sebring was given. A discussion followed on the observation wells in the SGGE area and the Conservancy volunteers who will be monitoring the wells. He explained that after the rehydration has occured, a comparison can be made be made to the vegetation data being taken now. After the completion of the DC report, the MIL report was distributed. Tony elaborated on the new proposed MIL lab for the Pelican Bay area to be totally funded by Pelican Bay. Tony reported that he had sent a proposal to Pelican Bay and that he will recommend to them that they put the new lab under the Soil and Water Conservation District for training and have that person report to the District at 5 to 10% of the cost. The salary for a qualified person was estimated at $30,000 to $35,000, and with all the other expenses, the total start-up cost was estimated at $95,000. Rob suggested the alternative of the District hiring the person and providing the service to Pelican Bay. Tony reported that he needs to check with Ted Brown, the attorney, as Pelican Bay is still trying to work out the details regarding DEP requirements. The pros and cons of the District's providing the service versus supplying training were discussed, it perhaps being advantageous to provide the complete service in light of future developments in Marco and the City of Naples. The position could be advertised in the Naples Daily News, University of Florida, and Job Services. Tony emphasized that the next step is for him to talk with the attorney, after which with him, the proposal can be presented to the Board. Rob stressed that he feels that this is an important pursuit for the Board and he requested that the Board be kept informed. Regarding membership in FACD, Tony reported that the new Mobile Irrigation Lab contract will be administered under FACD instead of NRCS. Rob pointed out that he felt it advisable to join. Laurie reported on the FACD meeting she attended in Sarasota in May. She noted that MBlllg, which was discussed at that meeting, had passed and that FACD will provide information, technical advice and access to inexpensive labor. It was noted by Tony that the District may be first in line to manage the Belle Meade area. Laurie expressed the opinion that it was very beneficial to this Board to hear the pertinent topics discussed at the meeting and that it was also her recommendation that CSWCD become a member. She pointed out that the District last paid dues in March, 1995. The fee covers the fiscal year. It was discussed that a donation of $100 could be sent at this time with a letter explaining that the Board had been inactive during the time the fee had not been paid, and that the Board will join the next fiscal year. Sean pointed out that FACD will stand behind the District in becoming managers of acquired lands. He moved to send a donation of $100 along with a letter to FACD and that the Board become a member next year. Laurie seconded the motion and the motion was passed. Laurie described a speech contest and stated she felt the Board should sponsor a speech contest. Rob requested that the topic be placed on the agenda for a future meeting. The next consideration was membership in NAFEC. Laurie described it as a source of information. The fee would be $35 for the District to become a member. Sean moved to pay 16G 1 the fee and become a member. Laurie seconded the motion and the motion passed. The next agenda item, the sale of the 1988 van, was considered since the van was no longer of use and considered surplus. There was a discussion on the procedure for advertising and receiving sealed bids. Laurie moved to place the ad and proceed as discussed. Sean seconded the motion and the motion passed. The next agenda item was the award for Bob Sirra and Dave Wilkison. Tony pointed out that the NACD offers different plaques with logos. A motion was made by Laurie to proceed with ordering the plaques, not to exceed $125 total cost for both. Sean seconded the motion and the motion passed. Rob requested seeing the catalog before ordering. The next agenda item was the contract with SGGE. A fact sheet was provided by the Big Cypress Basin to give some details of the accomplishments there. The chronology was pointed out by Tony. In February,'92, Gov. Chiles directed SFWMD to develop a hydrologic restoration plan for the south Estates, and in February, '96, hydrologic restoration. Based on those two events, the state pursued buying SGGE and now owns over 40%. It is anticipated that in 3 to 5 years the state will have purchased all of SGGE. The Big Cypress Basis contracted to gather data. Part of that data was a topographical survey. Since NRCS was short of manpower, they are requesting that CSWCD contract out the work. An agreement was provided which describes what needs to be done. Cost plus 5% will be received (not to exceed 50,000). Over 300 man-hours was estimated. A survey plan of work was included in the document. The service agrees to provide training and support as required and quality control; approximately 42,000 acres will be covered. Laurie moved to agree to pursue a survey company to obtain technical data as needed, at this point letting NRCS know that the District is interested in pursuing it. Sean seconded the motion and the motion was passed. Rob stated the need to go through proper notification of potential bidders. Tony described the NRCS method of soliciting bids. It was decided that Rob, as chairperson, will work with Tony on the contract, with an attorney to look over it. Tony pointed out some changes, including timeframes to be added. It was agreed that Rob will look over the contract and communicate with Tony. The suggested modifications can then be faxed by Tony. Laurie mentioned that Water Management has given two supervisors the opportunity to take a helicopter ride to tour the county. It was decided that Laurie and Rob would go. The next agenda item, rules for business meetings, was discussed. Laurie moved that rules include a 5-minute maximum on Soil and Water Conservation District-related topics only, and adherence to the agenda unless otherwise absolutely necessary. The motion was seconded by Sean and passed. It was pointed out that exceptions can be made to the rules when desirable. The next item to be considered was the NACD Locally Led Conservation survey. The importance of such a project was discussed, as a tool for developing a long range and annual plan. Tony advised that there is a list of probably 150 in the NRCS computer files that could be contacted. A facilitator for a meeting might possibly be provided through NRCS. Tony .further pointed out that Bill Jolly could be of assistance with the long range plan. The decision was made to allow 30 days for responses. Costs were discussed. Rob suggested $100 to cover costs. A workshop with Bill Jolly was suggested and discussed. Regarding the letter covering Best Management Practices, Laurie pointed out that the county is not requiring Best Management Practices now for land parcels under 20 acres. The County procedure described by Laurie was to issue the permit without a plan. Property values decrease as a result. Laurie felt that one of the goals of the District is to see that the property values stay steady and that there is nothing to hurt the values in agricultural processes. Other counties that do not use BMP's have lost agricultural exemption for small farms. It was her suggestion that the county tax the small ag parcels to ensure BMP's. If the county cannot adhere to the water quality standards of the state of Florida, then the smaller farmers will lose their agriculture exemption. Tony pointed out that the County does not address small agricultural operations in its comprehensive plan. Rob questioned whether this issue should be handled by the Extension Service. Tony suggested studying the Brevard plan, which Laurie has requested from Dave Millard in Brevard County. Rob sanctioned letting our beliefs be known to the Extension Service and Tony pointed out that a meeting should be set up with the Extension Service and the County. Laurie requested that the Board approve the purchase of The Truth About Water Quality. The next agenda item, purchase of surety bonds for employees and officers handling finances, was tabled and Rob requested that Karen go over it with him later. Other business included Laurie's report on her use of the vehicle as needed to attend meetings at which the Board should be represented and requested approval to use it with the understanding she will replace gas on the occasions that she serves as first alternate at FSA meetings and is paid for her services. Rob requested that the issue be put on the next agenda, that the state has per diem guidelines, mileage and food allowances and we need to find out what the state allowances are. Rob requested that reimbursements be documented. Tony pointed out that she should reimburse the District mileage only if she has been paid mileage, since she is representing the District. Under other business, Tony reported that Karen's hours during the summer are Monday or Tuesday (9:15-4:45), Thursday (9:15-3:45) Friday (9:15-4:45) (same number of hours per week as previously). Laurie moved that the purchase of The Truth About Wa~er Quali~y: It's Time to Stop Blaming Agriculture; Ail Land Uses Contribute to Pollution and £very Landowner Can do a Better Job in Prevention Pollution be approved. Sean seconded the motion and it was passed. The next meeting date was set for July 10 at 4:00 at Golden Gate Community Center. There being no further business, the meeting was adjourned by Rob at 6:36. COLLIER SOIL & WATER CONSERVATION DISTRICT na ci o 5/1/97 5131/97 Beginning Balance $43,001.02 ~ture~ Salaries Employee taxes Other taxes Vehicle expense Insurance Office supplies Books/Publications Postage Office equipment 2,739.00 209.54 39.25 53.77 806.00 252.76 6.31 ( 1.32) Total Expenditures $ 4,243.10 Receipts USDA -MIL 2nd quarter Plat Directories Sales tax Shipping & handling Barnett interest 4/30/97 13,375.00 245.00 12.60 20.00 Total Receipte $13,691.22 Ending balance as of 5/31/97 16G 1 COLLIER SOIL & WATER CONSERVATION DISTRICT ina ci 1 R orr 4/1/97 4/30/97 Beginning Balance ~ures. Salaries Employee taxes Other taxes Vehicle expense Office Supplies Other Supplies Books/Publications Professional Fees Postage Meeting expense Set up Vehicle Petty cash fund Total Expenditures Plat Directories Sales tax Shipping/handling Total Income $48,680.61 2,694.00 206.10 25.35 81.47 67.18 2.01 217.50 2,750.00 105.60 88.18 6,387.39 630.00 37.80 707.80 Ending Balance as of 4/30/97 COLLIER SOIL & WATER CONSERVATION DISTRICT ac~_D~~ort 1/8/97 - 3/31/97 Beginning Balance Salaries Employee taxes Advertising Books/Publications Dues Professional Services Other Supplies Purchase Ford Explorer Total Expenditures $63,351.09 2,040.00 156.06 335.92 169.60 725.00 40.00 18.50 28,200.48 Income Barnett interest 1/30/97 Barnett interest 2/28/97 Barnett interest 3/31/97 USDA - MIL 1st quarter Total Income Ending balance as of 3/31/97 50.31 48.41 56.28 13,530.00 Landowner Irri ation rems Topiary Creations Morris Farms Pacific Land Co. Barfield Farms DC Report Naples Field Office June 10, 1997 Acres 1 80 5OO 200 Irri ation Water Maria ement Pacific Land Co. 500 Morris Farms 80 Jerry Willis Ranch Ranch One Coop. Immokalee Ranch Bill Bethea O t h e______~r MIL Committee: Location Sec. 30 off Desoto Rd. Hy 858 Hy 29N Hy. 858 Desoto Rd. 3000 Immokalee 3000 Hy. 858 28000 Immokalee 1000 Hy 846N Attended MIL state committee quarterly meeting in WPB. Also met with SFWMD personnel to discuss the FY98 & 99 contract. - EQIP: Met with other NRCS offices and FSA to revise the Everglades Wildlife Habitat Improvement proposal for FY98. Attended an EQIP training meeting in Sebring. -SGGE Project: Attended the technical committee meeting which oversees the data gathering techniques. Also, met with the Conservancy to get volunteers for the well readings. -BCB Watershed: Staff attended the science subgroup meeting for the BCB. The purpose of the meeting was to prioritize problems and to gather existing data available. Anthony Polizos {/~~/ District C0nserv~ DC Report Naples Field Office May 7, 1997 Landowner Acres Location rri a i n S stems D si n A sis n Pacific Landco 500 Topiary Creations 4 Morris Farms 100 Hy858 Sec. 30 DeSoto Rd. Irri_q~Water Ma~ Cedell Garland 5 Pacific Landco 500 Wetland Determinations Conlan Carter Lely Dev. Corp. Betancourt Farms Sec. 30 Hy858 Draina e Assistance Brian Paul Grove 20 Sec. 30 30 41 & 951 100 Hy 29N. 150 Hy. 858W. Others EQIP Prep and hold meeting. had 95% turnout. Called all participants and SGGE - Had tech. committee meeting to discuss volunteer assistance with Conservancy. Also discussed sites and observation wells. Training 1. Long term agreements for EQIP 2. EQIP training in general District Conserva]~ionist 16C Lower West Coast Mobile Irrigation Lab Progress Accomplishments - April and May 1997 During April and May 1997, 22 Mobile Irrigation Lab (MIL) evaluations were completed, 13 Agricultural and 9 Urban. Agricultural evaluations consisted of citrus crops in Collier and Hendry counties. The urban turf evaluations were in Collier County, in the Naples area, including 8 single family residences and one condominium complex in Pelican Bay. These evaluations covered approximately 421 acres of irrigated land. Technical assistance was provided to a citrus grower in Lee County regarding the installation and use of tensiometers to assist in irrigation scheduling of a grove previously evaluated by the MIL. The MIL staff received computer training from NRCS in the UNIX operating system and E-Mail. The MIL staff attended the NRCS Area Meeting in LaBelle; a meeting of MIL operators to prepare proposed MIL budgets for FY 98-99, including a new proposed Urban MIL for the Pelican Bay area; the EQIP Meeting held by NRCS and the CSWCD; and an Irrigation Open House at Hyatt Sprinkler Supply of Naples. A Workshop on Urban Irrigation System Evaluation, in coordination with the Cooperative Extension Service and the Lee County MIL, was held at the Agriculture Center on May 28 at 9:00. Attendees represented several landscape management companies and individual homeowners. The MIL expects to continue completing scheduled evaluations for agricultural systems during June 1997, which will allow us to continue to meet our contract goals for FY 97. July 11,1997 Collier County Manager's Office Collier County Governmental Center 3301 E. Tamiami Trail Administrative Building, Second Floor Naples, Florida 34112 Attention: Subject: Mr. Robert Fernandez, County Manager Lely Community Development District Minutes of Meeting - May 21, 1997 Dear Mr. Fernandez: Enclosed please find a copy of the signed Meeting Minutes from the Board Meeting held on May 21, 1997 for your records. If you should need copies of any material that correlates to these Minutes, please let me know and I will transmit them to you. Sincerely, LELY COMMUNITY DEVELOPMENT DISTRICT Katey ~'elchan Secretary Assistant District Manager's Office :ks Enclosures Misc. torres: Da:e: ~ From the desk of... Katey Selchan Secretary/Assislant District Manager's Office 10300 N.W. llth Manor Coral Springs, Florida 33071 Direct Dial No. (954) 796-6618 Direct Fax No. (954) 345-1292 Copies To: NAPLES, FLORIDA MAY 21, 1997 LET IT BE KNOWN, that the Board of Supervisors of the Lely Community Development District met on this date at 1:30 P.M., in the East Naples Community Park, Room A, Thomason Drive, Naples, Florida with the following members present: Mr. Frederick C. Gartz, Chairman Mr. Joseph Ryan, Vice Chairman Ms. Marlene Meade Mr. William J. Senkevich Mr. Ted U. Biggs ALSO PRESENT: Mr. James P. Ward, Assistant District Manager; Mr. Mike Volpe, Anomey for the District and Mr. Jerry Ellis, Field Manager of the Lely Community Development District. AGENDA 1. Roll Call. 2. Approval of the Minutes of the April 16, 1997 Meeting. 3. Consideration of Resolution No. 97-1 Approving the District's Proposed Budget for Fiscal Year 1998 and Setting a Public Heating. 4. Staff Reports: A) Manager's Report B) Field Manager's Status Report C) Engineer's Report D) Attorney's Report 5. Supervisor's Requests and Audience Comments. 6. Approval &Invoices. 7. Adjournment. 1060 LELY COMMUNITY DEVELOPMENT DISTRICT MAY 21, 1997 16G 1 ROLL CALL Chairman Gartz called the meeting to order at 1:30 P.M. and asked the record show all members present. APPROVAL OF THE MINUTES OF THE APRIL 16,1997 MEETING - APPROVED AS AMENDED On Page 1055, in the fifth line of the third paragraph, the name "Mr. Ryan' be amended to "Mr. Senkevich". Mr. Senkevich moved, seconded by Mr. Biggs and approved unanimously the Minutes of April 16, 1997, as amended. CONSIDERATION OF RESOLUTION NO. 97-1 APPROVING THE DISTRICT'S PROPOSED BUDGET FOR FISCAL YEAR 1998 AND SETTING A PUBLIC HEARING Mr. Ward outlined the process which the District is required to go through relative to the consideration of the District's Fiscal Year Budget. Mr. Ward explained that the District's Fiscal Year 'runs from October I, 1997 through September 30, 1998 and by Florida Statute the District Manager is required to submit the proposed Budget to the Board of Supervisors by June 15th at which time the Board, if they so choose, approves the Budget for the purpose of setting a Public Hearing. He remarked that the approval of the Budget is really the first step for the Board in their consideration of the Fiscal Year 1998 Budget and it allows them to move forward in the Budget approval 1061 LELY COMMUNITY DEVELOPMENT DISTRICT MAY 21, 1997 16G 1 process. He advised that approval of the Budget at today's meeting does not bind the Board to any of the programs or budget mounts contained within the Budget, but rather their approval merely allows them to move forward in the process. He offered that the Board's final decision on the Budget and the numbers and programs contained therein will come at the Public Hearing which is now scheduled, pursuant to Resolution 97-1, for July 16, 1997 at 1:30 P.M. at the East Naples Community Park, Room A, Thomason Drive, Naples, Flor/da. He advised that July 16, 1997 is the date that he will request the Board, by Resolution, to adopt the Fiscal Year 1998 Budget and to adopt the assessment rates for the District's Operation and Maintenance Programs for Fiscal Year 1998, along with the assessment rates for the Debt Service associated with the outstanding Bond Issues. At this time, Mr. Ward called for questions or comments on the proposed Fiscal Year 1998 Budget which was included in the Agenda Package. Mr. Senkevich asked why the amount proposed for "Postage and Reproduction" is double last year's figure and also why the proposed amount for "Office Space Rental" is 200% above last year's figure, as shown in the "General Fund Budget Comparison" on Page Three (3) of the Budget. Mr. Ward offered that the increased figure for "Postage and Reproduction" is the 1062 LELY COMMUNITY DEVELOPMENT DISTRICT MAY 21, 1997 result of reviewing this year's current Financial Statement and using this figure to help project Fiscal Year 1998 costs. With regard to the increase for "Office Space Rental", Mr. Ward reported that Lely's share of office space in Coral Springs should have been $3,600 per year, the standard rate for the last few years. He did not know why last year's Budget showed $1,200 but he noted that this figure has now been corrected to bring the number to their standard rate. Mr. Ward advised that it is important for the Board to look at the overall proposed Assessments for Fiscal Year 1998 versus Fiscal Year 1997 and in looking at this number they will see that the figure for Fiscal Year 1998 is roughly the same (-0.11%). Thus, residents will not see any increase in their Lely Community Development District Assessment level fi.om 1997 to 1998. Mr. Ward offered that the proposed Fiscal Year 1998 Assessment levels reflect the good work being done by Mr. Jerry Ellis, and his ability to manage the field operations, one of the comPOnents of the Budget. Mr. Ward also mentioned that an additional Golf Course was brought on line this year which is included in the operating projects for Fiscal Year 1998 and, therefore, he is very pleased that the Budget remains at similar levels to the current Fiscal Year 1997 Budget. 1063 LELY COMMUNITY DEVELOPMENT DISTRICT MAY 21, 1997 16G Mr. Biggs stated that on Page Four (4) of the Budget it shows a decrease in the cost of "Electric Service" by 22% and he felt this was unusual. Mr. Ward reported that when Staff determined that Ihe District was not spending as much money on "Electric Service" for Fiscal Year 1997 as was budgeted, they investigated to find out why this was the case. He advised that Staff re-counted the number of street lights Florida Power & Light was billing for versus the number of fixtures contained in the Budget and it was determined that the actual number of poles and luminaires was less than shown in the Budget and, therefore, the budget for "Electric Costs" for Fiscal Year 1998 was reduced. Mr. Biggs also questioned the budget amount for "Street Lighting Repairs and Maintenance" and he asked why this line item could be reduced over thirty-six percent (36%). Mr. Ellis responded that his Field Assistant has been able to perform most of the street lighting repairs and, thus, the need for an outside electrical contractor to perform repairs has been considerably reduced, which in turn reduces the "Repairs and Maintenance" Expenditures. There being no additional discussion by the Board, Mr. Ryan moved, seconded by Mr. Senkevich and approved unanimously, Resolution No. 97-1, "A Resolution Approving 1064 LELY COMMUNITY DEVELOPMENT DISTRICT MAY 21, 1997 The District's Proposed Budget for Fiscal Year 1998 And Setting A Public Hearing Thereon Pursuant To Florida Law", and which sets the Public Hearing on the Budget for Wednesday, July 16, 1997 at 1:30 P.M., the meeting to be held at the East Naples Community Park, Room /~, Thomason Drive, Naples, Florida. STAFF'S REPORT Mr. Ward had nothing to report at this time. Field M~ Mr. Ellis reported that all of the summer annuals have been planted. ~neer's Re~ort Mr. Means was not in attendance at the meeting. Attome's Re orr Mr. Volpe had nothing to report at this time. SUPERVISOR'S REQUESTS AND AUDIENCE COMMENTS 'fhere were no Super~sor's requests or comments by the audience. 1065 LELY COMMUNITY DEVELOPMENT DISTRICT MAY 21, 1997 APPROVAL OF INVOICES AND REQUISITIONS There being no addition discussion, Ms. Meade moved, seconded by Mr. Senkevich and approved unanimously, the Invoices and Payment Requisitions which had been included in the Agenda Package. (Copies are attached hereto and made an official part of these Minutes.) ADJOURNMENT There being no further business to come before the Board at this time, the meeting was adjourned. Time: 1:40 P.M. MR. FREDERICK C. GARTZ CHAIRMAN LELY COMMUNITY DEVELOPMENT DISTRICT 1066