Agenda 07/07/2015 Item #10A/'1 EXECUTIVE SUMMARY
n
7/7/2015 10.A.
Recommendation that the Board of County Commissioners direct the County Attorney
to advertise a hearing to repeal Ordinance 2013 -70 to remove the MSBU established to
fund La Peninsula seawall repair as requested by La Peninsula legal counsel.
OBJECTIVE: To rescind Ordinance 2013 -70 which was created to assist La Peninsula
through means of an MSBU to fund seawall repairs for public health and safety purposes.
CONSIDERATIONS: On January 14, 2014, the Board of County Commissioners approved
Ordinance 2013 -70 establishing an MSBU to fund seawall repair or replacement for the
private, gated community La Peninsula. On February 11, 2014, an Executive Summary to
rescind the creation of Ordinance 2013 -70 failed maintaining the establishment of a funding
source was required for La Peninsula to pay for the repair of or replacement of its seawall.
On April 10, 2015, my office received written communication from La Peninsula's legal
counsel (see Attachment A) requesting the Board to rescind Ordinance 2013 -70 as a result of
the community obtaining other funding for the seawall repairs.
At the February 11, 2014 Board of County Commissioners meeting, Commissioners agreed
that if La Peninsula was able to obtain funding through its own sources the Board would agree
to dissolve the MSBU established through Ordinance 2013 -70.
Because La Peninsula has met these requirements and has legal counsel requesting for the
Board to rescind Ordinance 2013 -70, it is recommended for the Board to approve this request.
FISCAL IMPACT: Legal advertising costs.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: Recommendation that the Board of County Commissioners to
direct the County Attorney to advertise a hearing to repeal Ordinance 2013 -70 to remove the
MSBU established to fund La Peninsula seawall repair as requested by La Peninsula legal
counsel.
Prepared by: Commissioner Tom Henning
Attachments: A) La Peninsula Request April 10 2015
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COLLIER COUNTY
Board of County Commissioners
Item Number: 10.10.A.
7/7/2015 10.A.
Item Summary: Recommendation that the Board of County Commissioners direct the
County Attorney to advertise a hearing to rescind Ordinance 2013 -70 to remove the MSBU
established to fund La Peninsula seawall repair as requested by La Peninsula legal counsel.
(Commissioner Henning)
Meeting Date: 7/7/2015
Prepared By
Name: SmithCamden
Title: Executive Coordinator to Commissioner,
6/26/2015 3:17:32 PM
Approved By
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 6/29/2015 3:56:13 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/29/2015 4:07:18 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/30/2015 8:42:55 AM
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i- ' Goede, Adamczyk
40 __.j & DeBoest, PLLc
.4TTORNEYS J.,Vl) I'ROFES'SI0:1 AL COUAISEL
www.GAD- Low.com
A full service firm serving South Florida
April 10, 2015
Via Regular US Mail and
Electronic Mail: CamdenSmith(a),colliergov.net
Mr. Tom Henning, Chairman
Collier County Board of County Commissioners
3299 Tamiami Trail E.
Naples, Florida 34112 -5746
Steven J Adamezyk
Stanley A. Bummer, Jr.
Brian O. Cross
Richard D. DeBoest, 11
John C. Goede
Can./ J. Goggin
Jason R. Hbnschoot
Harris Katz
7/7/2015 10.A.
Christopher O'Connell
S. Kyla Thomson:
Christopher J. Thornton
Avi S. Tnjso►n
Steven R. Braten
of counsel
Re: The Club at La Peninsula, Inc.
Request for Addition to BOCC Agenda Concerning Rescission of 2013 -70
Dear Commissioner Henning:
This Firm has the pleasure of representing The Club at La Peninsula, Inc., a Florida not for profit
corporation ( "The Club "). As you may recall, a public hearing was conducted by the Board of
County Commissioners on May 13, 2014 concerning a possible rescission or abeyance of
Ordinance 2013 -70 creating the Multiple Service Benefit Unit ( "MSBU ") for the La Peninsula
seawall. My Client, the Club, has title to the seawall and is legally responsible for the
maintenance, repair and replacement of the seawall.
A copy of page 95 of the minutes from the May 13, 2014 hearing is enclosed herewith, which
includes a summary of the motion approved by a majority of the BOCC. Specifically, the motion
was described as follows:
MR. OCHS: What we're saying is -- what I'm hearing is to maintain the MSBU
ordinance as you have right now in place. Don't act on it, allow the master
homeowners association to move forward at their expense with the engineering
and the execution of the repairs as they've represented to you here today. Monitor
that progress. And at such time as there's evidence that they're moving forward
with that repair, we would come back to the board and ask you to make a decision
about whether you want to continue to hold the MSBU in abeyance or you want
to rescind the MSBU at that point in time.
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8950 Fontana Del Sol Way Ste 100
Naples, Florida 34109
239.331.5100 Phone
239 -331 -5101 Fox
2600 Douglas Road Ste 717
Coral Gables, Florida 33134
239.331.5100 Phone
786- 294 -6002 Fax
2030 McGregor Boulevard
Fort Myers, Florida 33901
239.333.2992 Phone
239 - 333 -2999 Fax
500 Gulfstream Boulevard Ste 104
Delray Beach, Florida 33483
561 -270 -3291 Phone
888 - 202 -1679 Fax
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7/7/2015 10.A.
Coede, Adamczyk and DeBoest, PLLC
Page 2 of 3
The purpose of this correspondence is to a) update the County on the actions taken by the Club in
furtherance of the seawall repair; and b) request this matter be placed on a special agenda for
action and rescission of the MSBU and Ordinance 2013 -70.
Update Coneerninx Club Seawall Repairs
1. Line of Credit. As represented to the BOCC on May 13, 2014, the Club has
secured financing to fund the seawall stabilization. On or about October 28, 2014, the Club
closed on a Five Million Dollar ($5,000,000.00) line of credit with Central Bank, a Minnesota
banking corporation, authorized to do business in Florida as Central Bank. To date, the Club has
only drawn Fifty Thousand Dollars ($50,000.00) on the line of credit and the maturity date is
October 28, 2024. A copy of the fully executed Promissory Note is enclosed herewith for your
reference.
2. Special Assessment. As a mechanism to repay the line of credit, the Club has levied a
special assessment against all unit owners. The special assessment was levied by the Board of
Directors in accordance with Florida law at a duly noticed meeting of the Club Board of
Directors on February 4, 2015. The amount of the special assessment is Three Million and Three C�, J12
Hundred and Forty Four Thousand Dollars ($3,344,000.00), or Nineteen Thousand Dollars
($19,000.00) per unit. All unit owners were provi edm Qption f eying the special assessment �/
in a lump sum due April 1, 2015, or in twen (20) installment paymen eginning April 1,
2015. In addition to funds currently in the Club's seaw a accoun it is anticipated that
.-t the special assessment funds and future reserve contributions will be sufficient to complete the
seawall repairs and the installment payment mechanism also ensures that the Club will receive
funds to repay the line of credit in five (5) years. A copy of the minutes from the February 4,
2015 Special Meeting of the Club Board of Directors is enclosed herewith for your reference.
3. Ennineerin¢. The Club has retained the engineering firm of Turrell, Hall & Associates,
Inc. in Naples, Florida (" Turrelr ). Turrell has been retained to propose an engineering solution
to stabilize the seawall and seek and obtain the necessary permits to complete the seawall repairs.
Turrell has currently proposed two options for seawall stabilization and these options are
outlined in the enclosed memorandum dated February 24, 2105 prepared by Todd Turrell, PE
and Joshua W. Maxwell, EIT and Project Manager.
Turrell has proposed two (2) options to stabilize the La Peninsula Seawall.
Option 1 provides rip rap entombment around the entire property supported by toe - support
pilings with varying protrusions. Option 1 also provides for a new vinyl seawall abutting the
boat dock areas to avoid the installation of rip rap in any boat slip. The estimated cost for Option
1 is $3,681,000. Option 1 is further broken down into Phase 1 and Phase 2. Phase 1 is based on
previously permitted work and Phase 2 will require new permits and applications with Florida
and federal agencies.
8950 Fontana Del Sol way Ste 100
Naples, Florida 34109
239.331.5100 Phone
239 - 331 -5101 Fax
2600 Douglas Rood Ste 717
Coral Gables, Floddo 33134
239.3315100 Phone
786 - 294 -6002 Fox
2030 McGregor Boulevard
Fort Myers, Florida 33901
239.333.2992 Phone
239-333-2999 Fax
Packet Page -420-
500 Guljstream Boulevard Ste 104
Delray Beach, Florida 33483
561 - 270.3291 Phone
888-202-2679 Fox
7/7/2015 10.A.
Goodv, AdmnczN,k and Dolyoest, PIA C
Option 2 is similar to Option 1 and also includes a new vinyl seawall for the entire property and
not only the boat dock areas. Option 2 is likewise further broken down into a similar Phase 1
and Phase 2. The estimated cost for Option 2 is $4,166,000.
4. Phase 1 Permits. The Club has received approved permits for Phase 1 referenced
above from the Florida Department of Environmental Protection ( "Florida DEP "). This approval
is sufficient for either Option I or Option 2. As of the date of this correspondence, the Club has
not received federal approval to begin Phase I construction but said approval is anticipated. In
the event Phase 1 requires review and approval from the Army Core of Engineers, this review
mechanism would delay the initiation of Phase 1. Turrell is also pursuing approval of the Phase
2 permits, which will need to be approved by both the Florida DEP and federal regulatory
agencies. I have enclosed a copy of the Florida DEP correspondence dated January 19, 2015 for
your review. Turrell is soliciting bids for Phase 1_ construction for both Option I and Option 2
outlined above in the enclosed February 24, 2015 memorandum.
In summary, the Club has closed and secured more than sufficient credit to complete the seawall
project and has levied a special assessment against the unit owners to repay the line of credit and
fund the seawall stabilization project. The Club has retained a reputable and experienced
engineering firm to engineer an appropriate and effective solution and the Club is pursuing the
necessary permits from the Florida DEP and federal agencies to begin Phase 1 construction.
Assuming Phase 1 will not require review b the Army Core of En ineers it is anticipated that a
contractor will be retaine or P ase 1 constructian and that work will begin within six_ (§)
As a result of the efforts and progress outlined above, please accept this correspondence as a
formal request from the Club for an expeditious special set hearing before the BOCC for the
purpose of discussion and action to rescind the MSBU and Ordinance 2013 -70.
Thank you for your assistance to this matter and please contact me should you have any
questions or concerns.
.fully submitted,
Adamczyk & DeBoest, PLLC
Steve Adamezyk, Esq.
cc: Client
Scott Teach, Esq., Deputy County Attorney
Mr. Leo Ochs, Jr., County Manager
8950 Fontana Del Sol Way Ste 100
Naples, Florida 34109
239.331.5100 Phone
239- 331 -5101 Fox
2600 Douglas Rood Ste 717
Coral Gables, Florida 33134
239.331.5100 Phone
786 - 294 -6002 Fax
2030 McGregor Boulevard
Fort Myers, Florida 33901
239.333.2992 Phone
239- 333 -2999 Fax
Packet Page -421-
500 Guljstreom Boulevard Ste 104
Delray Beach, Florida 33483
561- 270 -3291 Phone
888 - 202 -1679 Fox