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Agenda 04/27/2004 R CLERK TO BOARD 4TH FLOOR FP: 3 IND: 1 CV:O COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~~ _._~ ~- - -......:.-:.::~- AGENDA April 27, 2004 9:00 AM Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAtRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Dr. Bob Petterson, Senior Pastor, Convenant Presbyterian Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. April 5, 2004 - BCC/PUD Monitoring Workshop C. April 6, 2004 . BCCICity of Naples Joint Workshop 3. SERVICE AWARDS A. 20 Year Attendees 1. Patricia Lehnhard, Office of Budget and Management 2. Steven Donovan, EMS B. 25 Year Attendees 1. David Gigee, Transportation 2. Gail Watson, Library 4. PROCLAMATIONS A. Proclamation to proclaim the week of May 2-8, 2004 as Drinking Water Week. To be accepted by Steve lang, Plant Manager SCRWTP; Steve Messner, Plant, NCRWTP; Joe Thomas, Water Distribution Manager and Howard Brogdon, Laboratory Supervisor. B. Proclamation to designate the month of May, 2004, as Civility Month. Will mail upon presenting the proclamation. To be accepted by David Weigel, Attorney for Collier County Government. C. Proclamation to recognize May 9·15, 2004 as Tourism Week in Collier County. To be accepted by Jack Wert, Executive Director of Tourism Department. D. Proclamation to designate the week of April 26 through May 2, 2004 as Florida American Association of University Women Week. To be accepted by Cindy Anderson. E. Proclamation to designate the first week in May every year as National Arson Awareness Week. To be accepted by Jason Gunkle, Inspector for the Golden Gate Fire Department. F. Proclamation to designate the week of May 2 through May 8, 2004 as Be Kind to Animals Week. To be accepted by Beth Walsh, Collier County Interim Director for Domestic Animal Services. 5. PRESENTATIONS A. Recommendation to recognize John Conti, Field Engineering Inspector, Transportation Division, as "Employee of the Month" for April 2004. 6. PUBLIC PETITIONS A. Public Petition Request by David Tetzlaff to discuss potential for the County to purchase Caribbean Gardens property. B. Public Petition request by Larry J. Gantzer to discuss a Collier Junior/Public Golf Course. C. Public Petition Request to discuss appeal of LDC Interpretation of PUD located on Pine Ridge Road. 7. BOARD OF ZONING APPEALS A. ADA-2004-AR-5363, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., representing Pine Ridge Investors LLC, requesting to appeal the formal interpretation issued by the Director of the Department of Zoning and Land Development Review that states building construction may not occur over the common boundary of the Pine Ridge Center PUD and the Pine Ridge Center West PUD, which comprises + 17.60 acres and is located in Section 18, Township 49 South, Range 26 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This item was continued from the April 13, 2004 BCC Hearing. Public Hearing to consider adoption of an Ordinance establishing the VeronaWalk Community Development District (CDD) pursuant to section 190.055, F.S. B. A Public Hearing to consider an application submitted by Naples Community Hospital to the Board of County Commissioners for the issuance of a Certificate of Public Convenience and necessity to provide transportation services for the inter-facility transfer of post hospital patients. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Forest Lakes Roadway & Drainage Advisory Committee. B. Appointment of member to the Collier County Code Enforcement Board. C. Appointment of members to the Bayshore Beautication MSTU Advisory Committee D. Appointment of members to the Housing Finance Authority 10. COUNTY MANAGER'S REPORT A. Approve Tourist Development Category "A" 10~Year Expense and Revenue Projections. B. To receive Board approval of an Interlocal Agreement between Collier County and the City of Naple~ regarding construction of the Golden Gate Parkway at Airport Road Overpass. 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA -All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered sep~rately. ................................................................... g ........................................ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Request to grant final approval of the roadway (public), drainage, water and sewer improvements for the final plat of "Timber Ridge, Unit Two" the drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Immokalee Water and Sewer District, the roadway improvements will be maintained by Collier County. Request to approve for recording the final plat of "Fiddler's Creek Parkway Extension, Phase 3", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Approval of the Satisfaction of Liens for Resolution No. 2002-395, 2003~t35, 2003- 442 and 2003440. LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS: 2003051145/H S Partnership, 2003110551/Stonestreet, William M., 2003091073/Wilkinson-Meffert Const. Co. Inc., 2003090701~ Wilkinson-Meffert Const. Co. Inc., 2003091072JWilkinson-Meffert Const. Co. Inc., 2003091071/Wilkinson.Meffert Const. Co. Inc., 2003101140/Wilkinson-Meffert Const. Co. Inc. LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS: 2003100068/Avila, Filomeno & Maria J., 20031003581Baton Rouge,LLC, 2003100882/Bray, Steven F., 2003110796/Condori, Franklin & Haydee, 2003110797/Condori, Franklin & Haydee, 2003110798/Condori, Franklin & Haydee, 2003100199/Hamilton Bay Dev., LLC, 200310081 l/Perseco Corp., 2003110488/Baron, Mimon LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS: 2003120857/Delarosa, Sandy L., 20031204871Eichaker, William H. & Ayako, 2003091183/Mobil Oil Corp.2003081551/Horse Creek Partners, Ltd.,Alan Schiffman - (Reg. Agent), 2003081505/Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081552/Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 20030815461 Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081540~ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081538/Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081554~ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081544/Horse Creek Partners, Ltd.,Alan Schiffman - (Reg. Agent) Approval of the Satisfaction of Liens for Code Enforcement Board Case No. 2003- 050, 2003-049, 2003-007, 2003-025, 2003-046, 2003-029 and 2002-033. Request to approve for recording the final plat of "Mission Hills Shopping Center", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. That the Board of County Commissioners of Collier County, Florida, accept $1,500.00 as satisfaction for a second mortgage, and execute a satisfaction of mortgage. 10. 11. LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS: 2003110863/Benjamson, Martin I. & Lillian E., 2003100815/Dion, Cheryl L., 2003081437/Endres, John D., 2003110659/Giover, Lizzie H., 2003101236~ Glover, Lizzie H., 2004010316/Gomez, Jesus, 20030908381Gray Est., Charlie Mae- Underwood, Willie J. Underwoood Est., 20031200811La Rue, Claude E., 2003101195/Melendez, Miranda, 2002060752/Springs, Matthew J. & Paula A. Request to grant final approval of the roadway (Public), drainage, water and sewer improvements for the final plat of "Habitat Village" the roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 12. 13. 14. 15. 16. 17. Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Calumet Reserve" the roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Approve the execution of a mutual general release between the County and former employee Lee H. Combs and to waive recovery of Grants Management Certification training and related travel expenses of Lee H. Combs in the amount of $4,162.76. Requesting the Board of County Commissioners to authorize Engineering Review staff and the County Attorney's office to amend Ordinance 2002-01, the Collier County Administrative Construction Code (ACC), which amends CHAPTER 1 of the Florida Building Code (FBC), Administration, codified as chapter 22 of the Collier County Laws and Ordinances, as it pertains to fill materials and finished floor elevations. To Approve a budget amendment transfering $250,000 from Community Development and Environmental Services fund 113 Building Permit Reserves to Capital for the refurbishment of the existing Community Development and Environmental Services (CDES) building. Recommendation that the Board of County Commissioners approve a Budget Amendment of $27,485.00 from Fund 186 Operating Expenses to Fund 111-138318 Operating Expenses to reimburse Fund 111-138318 for payments made for utility and road projects in the Immokalee Redevelopment District. Approve the local Housing Assistance Plan (HAP) and Interlocal Agreement for fiscal years 20042005, 2005-2006, and 2006-2007 as required by the State Housing Initiatives Partnership (SHIP) Program. B. TRANSPORTATION SERVICES Accept the conveyance of a Quit Claim Deed for Tract "A" of Tarpon Bay Boulevard, which is required for the purpose of maintaining Tarpon Bay Boulevard as a public road. Estimated fiscal impact: $10.50. Request the Board approve and authorize the Chairman to sign, an easement use agreement, allowing homeowners to continue using a permitted cabana which was constructed within a public utility & drainage easement held by Collier County. Approve reimbursement to the City of Naples for the Sandpiper Boulevard Intersection Improvements in the amount of $146,080.61. Request the Board approve the installation of a traffic signal at the intersection of Collier Boulevard and Business Circle Drive South at an annual maintenance cost of approximately $3,500. Board approval of Adopt-a-Road Program Agreements at the Board of County Commissioners meeting April 27, 2004. 6o Request the Board to approve a landscape installation and maintenance agreement between Brynwood Preserve Residents Association and Collier County for landscaping within the right-of-way on Livingston Road. Approve a budget amendment in the amount of $1,654,309 for the Final Judgment for Parcel 110, Collier County Vs. Northside Construction Company for Pine Ridge Road 6 Laning Project No. 60111. Award of contract # 03-3505 - "Consultant Services for Developing a Roadway Asset Inventory Database" in the estimated initial contract amount of $502,259.50. C. PUBLIC UTILITIES Approve Amendment 1 to Contract 03-3517 with Greeley and Hansen LLC for "Professional Engineering Services for Water Main Projects" in the amount of $72,710. Project 60001. Adopt a Resolution and approve a Declaration of Easement for a deep injection well and monitoring well facilities at the North County Water Reclamation Facility, at an estimated cost not to exceed $10.50, Project Number 73948. Convey a Utility Easement from Collier County, a political subdivision of the State of Florida to the Board of County Commissioners of Collier County, Florida, as Ex- Officio the Governing Board of the Collier County Water-Sewer District to reflect the as-built location of a raw water line at a cost not to exceed $10.50, PUED Project 70054. Accept a Utility & Access Easement from the District School Board of Collier County, Florida, for two water wells, pipeline and access easements on school property, the cost not to exceed $37.50, Project Number 710061. Adopt a Resolution and approve a Declaration of Easement for a water well, pipeline and access within property acquired for a future park at an estimated cost not to exceed $19,723, Project Number 710061. Authorize conveyance of an easement to Florida Power & Light Company for electric utility facilities to service a proposed potable water well at a cost not to exceed $33.00, Project Number 710061. Approve Work Order # SC-02-74 with Surety Construction Company in the amount of $125,840.00 to perform selective demolition for the Public Utilities Operations Center, Project Numbers 70059 and 73072. Approve necessary budget amendments to record revenues and related expenditures for payment received from property owners of the Price Street - Barefoot Williams Road Water Municipal Services Benefit Unit (MSBU) Project No.# 70077 and payments to various vendors. Recommendation that the Board of County Commissioners approve the after-the- fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Manatee Road Four New Potable Water ASR Wells Project 70157 10. Recommendation that the Board of County Commissioners approve the after-the- fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Carica Road Potable Water ASR Exploratory Well Program, Project 70897 11. Recommendation that the Board of County Commissioners approve the after-the- fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Reclaimed Water ASR Project 74030 12. Recommendation that the Board of County Commissioners approve the after-the- fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Goodlette Frank Road Forcemain and Reclaimed Water Main, Project 74077 13. Recommendation that the Board of County Commissioners approve the after-the- fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the 20" Reclaimed Water Main at Vanderbilt Beach Road, Project 74034 D. PUBLIC SERVICES Board of County Commissioners approval of a Medical Director Consulting Contract between Collier County and Naples Community Hospital. (Companion item relating to COPCN application) Approve a Budget Amendment Appropriating $29,532.05 from General Fund Reserves for Reimbursement to the State of Florida for Overpayment on a FEMA Claim Submitted After Tropical Storm Gabrielle 3. Approve an Authorized Provider Agreement with the American Red Cross Approve a Request to Apply for a Florida Communities Trust Florida Forever Grant in an Amount No Less Than $1,260,000 for Purchase of the Mar-Good Resort in Goodland Approve a South Florida Water Management District Grant Agreement for $26,300 for a Central Irrigation Control System in the South District of the Parks System 6o Expand the state of emergency declaration boundaries to be county wide per county ordinance 2004-11 regarding inoculation and removal of palm trees to suppress lethal yellowing disease. Consideration of request by Youth Haven, Inc. for the Board of County Commissioners to provide a letter of support for the Naples Education and Children's Foundation as Outstanding Philanthropist for the Year 2004. E. ADMINISTRATIVE SERVICES Approve and execute an Agreement to provide the Golden Gate Fire Control & Rescue District $88,227 from the GAC Land Trust Fund for the purchase of a Fire Safety House and Tow Vehicle. Authorize the conveyance of an easement to Lee County Electric Cooperative, Inc. for electric utility facilities to service the Immokalee Library Addition at a cost not to exceed $15.00. That the Board of County Commissioners award Bid No. 04-3606 for On-Call Roofing Repairs and Inspection Services to Advanced Roofing, Inc. as primary vendor, Crowther Roofing & Sheet Metal, Inc. secondary vendor, and Sutter Roofing Co. of SW Florida as tertiary vendor. Approve Contract for RFP 04-3584 "Fixed Term Public Relations Services for Collier County." (Estimated maximum annual contract amount not to exceed $500,000 per firm). That the Board of County Commissioners award Bid No. 04-3610R for Vending Machine Services to Naples Vending. Recommendation to approve additions to, deletions from and modifications of certain classifications in the 2004 Fiscal Year Pay and Classification Plan made from February 1,2004 through April 6, 2004. Approve Resolution Stating a Valid Public Purpose for a Departmental Employee Recognition Program, as Established in Ordinance 87-5. Approve and ratify the Settlement in Professional Firefighters of the Everglades, IAFF, Local 3670 v. Collier County Board of County Commissioners, Case No. CA- 2003-040, State of Florida Public Employees Relations Commission and approve related budget amendment. F. COUNTY MANAGER Recognize and Appropriate $22,497 of Revenue from a Communications Tower Lease and Approve the Required Budget Amendment. Approve a Tourist Development Category "A" Grant Application submitted by Parks and Recreation for Beach Cleaning and Maintenance for Fiscal Year 2005 in the Amount of $333,400 3. Approval of Budget Amendment Report - BA #04-218 in the amount of $3,688 G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS Commissioner Henning requesting approval for payment to attend a function serving a valid public purpose for the Collier County Tourism Awards Luncheon. Cost to be paid is $15.00. Commissioner Coletta is requesting approval to attend a function serving a valid public purpose: The Greater Naples, Marco Island, Everglades Convention & Visitors Bureau's 2004 Collier County Tourism Awards Luncheon. Commissioner Coletta requests Board approval for payment to attend a function serving a Valid Public Purpose: The Florida Citrus Mutual's 2004 Area Meeting Luncheon in LaBelle on April 14, 2004 in the amount of $9.68. Commissioner Fiala request for Board approval for payment to attend function serving a valid public purpose - 2004 Collier County Tourism Awards Luncheon Celebration. In the amount of $15.00 - funds to be paid from Commissioner's travel budget. Commissioner Fiala requests Board approval for payment to attend function serving a valid public purpose - Luncheon to honor former Mayor Bonnie Mackenzie. In amount of $35.00 - funds to be paid from Commissioner's travel fund. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous Items to File for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1. Approve Agreed Order and Authorize Payment of Planning Fees, Appraisal Fees, and Environmental Fees in the Lawsuit Styled Collier County v. Carole Construction of Naples, Inc., et. al., Case No. 02-5139-CA (Immokalee Road Project #60018). 2. Approve the Stipulated Final Judgment Relative to the Acquisition of Parcel 116 in the Lawsuit Styled Collier County v. Calusa Pines Golf Club LLC, et al. Immokalee Road Project No. 60018. 3. Approve Agreed Order and Authorize Payment of Appraisal Fees in the Lawsuit Styled Collier County v. Kathryn Hankins, et. al., Case No. 00-1296-CA (Golden Gate Boulevard Project #63041). 4. Approve Agreed Order and Authorize Payment of Planning Fees and Appraisal Fees for Parcel 127 in the Lawsuit Styled Collier County v. G. Herbst, et. al., Case No. 02- 5138-CA (Immokalee Road Project #60018). 5. Authorize the Making of Five Offers of Judgment Relative to the Fee Taking of Parcel Nos. 808,908, 112, 114 and 914 in the Lawsuit Styled Collier County v. Elias Valencia, et al., Case No. 03-2274-CA (Golden Gate Parkway Project #60027). 6. Approve Agreed Order and Authorize Payment of Planning Fees and Appraisal Fees for Parcel 128 in the Lawsuit Styled Collier County v. G. Herbst, et. al., Case No. 02- 5138-CA (Immokalee Road Project #60018). 7. Approve the Mediated Settlement Agreement as to Parcel 167A in the lawsuit styled Collier County v. Andy R. Morgan, et al., Immokalee Road Project 60018 (total cost of $27,408.00). 8. Recommendation that the Board approve and authorize the Chairman to execute a Retention Agreement for services on an "as needed" basis with the law firm of Allen, Norton & Blue, P.A., to meet county purchasing policy contract update requirements. 9. Recommendation that the Board of County Commissioners approve a budget amendment to pay for minor reconfiguration of the office space allocated to the Office of the County Attorney 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. (This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members) SE-2004-AR-5345, A Resolution amending Resolution 03-354, the Maretee earthmining conditional use to correct a scrivener's error resulting from the unintentional inclusion of an incorrect legal description attached as EXHIBIT "B" to the original resolution for the property located at the eastern terminus of Maretee road in section 7, township 51 south, range 27 east, Collier County, Florida. 18. ADJOURN An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 04-08, which amended Ordinance No. 91-102, as amended, the Collier County Land Development Code, to correct scrivener's errors relating to the incorrect insertion of maps pertaining to Section 2.2.2 1/2, Rural Fringe Mixed Use District and Section 2.2.30, Natural Resource Protection Area Overlay District; and to correct scrivener's errors relating to Division 3.15, Adequate Public Facilities; providing for Conflict and Severability; providing for inclusion in the Collier County Land Development Code; and by providing for an effective date. INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. _AGENDA CHANGE~ BOARD OF COUNTY COMMISSIONERS' MEETING Add Item 4G: Proclamation - Designating May 6 as National Day of Prayer to be accepted by Rev. Michael Harper. (Staff request.) Item 6C continued to the Ma 25 2004 BCC meetin : Public Petition Request by Richard C. Grant to discuss appeal of LDC Interpretation of PUD located on Pine Ridge Road. (Petitioner request.) !.t.em 7A continued to the May 25. 2004 BCC meetin : ADA-2004-AR-5363, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., representing Pine Ridge Investors LLC, requesting to appeal the formal interpretation issued by the Director of the Department of Zoning and Land Development Review that states building construction may not occur over the common boundary of the Pine Ridge Center PUD and the Pine Ridge Center West PUD, which comprises + 17.60 acres and is located in Section 18, Township 49 South, Range 26 East, Collier County, Florida. (Petitioner request.) Withdraw Item 10B: To receive Board approval of an Interlocal Agreement between Collier CoUnty and the City of Naples regarding construction of the Golden Gate Parkway at Airport Road overpass. (Staff request.) Move Item 16A13 to 10C: Approve the execution of a mutual general release between the County and ~ormer employee Lee H. Combs and to waive recovery of Grants Management Certification training and related travel expenses of Lee H. Combs in the amount of $4,162.76. (Commissioner Henning request.) .Move Item 16B3 to 10D. Approve reimbursement to the City of Naples for the Sandpiper Boulevard Intersection Improvements in the amount of $146,080.61. (Commissioner Coletta request.) Move 16E4 to 10E: Approve Contract for RFP 04-3584 "Fixed Term Public Relations Services-for Collier County." (Estimated maximum annual contract amount not to exceed $500,000 per firm). (Commissioner Halas request.) PROCLA M A T I ON WHEREAS. water follows a natural cycle from Earth to air to Earth again; and, WHEREAS, water is a basic and essential need of every living creature; and, WHEREAS, our health, comfort, and standard of living depend upon an abundant supply of safe drinking water; and, WHEREAS, the citizens of Collier County should have a safe and dependable supply of water both now and in the future; and, WHEREAS, we are coiling upon each citizen to help protect our water resources from pollution, to practice water conservation, and to be involved in local water issues. N OW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of May 2 - 8, 2004 be recognized as Drinking Water Week. DONE AND ORDERED THIS 27th Day of April, 2004. BOARD OF COUNTY COMMI SSI ONERS COLLI ER COUNTY, FLORI DA ATTEST: DONNA FIALA, CHAIRMAN DWI GHT E. BROCK, CLERK Agenda Item No. 4A April 27th, 2004 Page 1 of 2 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4A Proclamation to proclaim the week of May 2-8, 2004 as Drinking Water Week. To be accepted oy Steve lang, Plant Manager SCRWTP: Steve Messner, Plant, NCRWTP; Joe Thomas, Water Distribution Manager and Howard Brogdon, Laboratory Supervisor. 4/27/2004 9:00:00 AM Prepared By Kathleen Martinson Board of County Commissioners Administrative Aide to BCC BCC Office Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/15/2004 8:48 AM Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC BCC Office Date 4/2/2004 2:06 PM Agenda Item No. 4A April 27th, 2004 Page 2 of 2 PROCLA M ATt ON WHEREAS, the open exchange of public discourse is essential to the democrat ic syst em of government; and, WHEREAS, as a cornerstone of democracy Americans have observed the certain rules of behavior generally known as civility; and, WHEREAS, civility, derived from the Latin words "civitas" meaning city and "civis" meaning citizen behavior worthy of citizens living in a community or in common wit h others; and, WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract f rom t he open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals f rom participation in government; and, WHEREAS, civility can assist in reaching consensus on diverse issues and allow f or mutually respectful ongoing relationships; and, WHEREAS, civility can uplift our daily life and make it more pleasant to live in an organized society; and, WHEREAS, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. NOW THEF~FORE, be it proclaimed by the Board of County Commissioners of collier county, Florida the month of May is proclaimed as CI VI LI TY MONTH and calls upon all citizens to exercise civility toward each other. DONE AND ORDERED THIS 27th Day of April, 2004. BOARD OF COUNTY COMMI SSI ONERS COLLI ER COUNTY, FLORI DA ATT EST: DWI GUT E. BROCK, CLERK DONNA FI ALA, CHAI F~MAN Agenda Item No. 4B April 27th, 2004 Page 1 of 2 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4B Proclamation to designate the month of May, 2004, as Civility Month. Will mail upon presenting the proclamation. To be accepted by David Weigel, Attorney for Collier County Government. 4/27/2004 9:00:00 AM Prepared By Kathleen Martinson Board of County Commissioners Administrative Aide to BCC BCC Office Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/15/2004 12:16 PM Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC BCC Office Date 4/8/2004 10:15 AM Agenda Item No. 4B April 27th, 2004 Page 2 of 2 PROCLAMATI ON WHEREAS, the travel and tourism industry supports the vital interests of Collier County, Florida and the United States, contributing to our employment, economic prosperity, peace, understanding and goodwill; and, WHEREAS, t ravel and tourism ranks as t he number one private sector industry in Collier County and in Florida in terms of revenues generated; and, WHEREAS, 1.5 million visitors contributed nearly 1 billion dollars to the economy of Collier County in 2003: and, WHEREAS, the travel and tourism industry provides over 18,000 direct jobs to the economy of our area: and, WHEREAS, as potential visitors become more aware of the outstanding beaches, golf, shopping, restaurants and natural, historic and cultural activities, travel and tourism will become an increasingly important aspect in the lives of our citizens; and, WHEREAS, given these laudable cont r ibut ions t o t he economic, social and cultural well being of the citizens of Collier County, it is f it t ing t hat we recognize t he i mpor t ance of t ravel and t our ism. NOW THEREFORE, be it proclaimed that the Board of County Commissioners acknowledges t he cont ribut ions t o t he economy of Collier County, Florida by the travel and tourism industry by designating May 9-15, 2004 as TOURI SM WEEK I N COLLI ER OOUNTY and that this proclamation be acknowledged by the Greater Naples, Marco Island, Everglades Convention & Visitors Bureau at their Tourism Awards Luncheon on May 7, 2004. DONE AND ORDERED THIS 27TM DAY OF APRI L, 2004. BOARD OF COUNTY COMMI SSI ONERS COLLI ER COUNTY, FLORI DA ATTEST: DWI GHT E. BROCK, CLERK DONNA FI Al_A, CHAIRMAN Agenda Item No. 4C April 27th, 2004 Page 1 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 4C Proclamation to recognize May 9-15, 2004 as Tourism Week in Collier County. To be accepted by Jack Wert, Executive Director of Tourism Depadment. 4/27/2004 9:00:00 AM Prepared By Kathleen Martinson Board of County Commissioners Administrative Aide to BCC BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC BCC Office Date 4/15/2004 11:12 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/15/2004 6:37 PM Agenda Item No. 4C April 27th, 2004 Page 2 of 2 PROCLA MAT I ON WHEREAS, W H EREAS, W H EREAS, WHEREAS, WHEREAS, WHEREAS, the Florida American Association of University Women promotes equity for all women and girls, lifelong learning and positive societal change; and, the Florida American Association of University Women is part of a power f ul nat ional net work f or per sonal and pr of essional gr owt h and advocacy for equity; and, the Florida American Association of University Women has launched community programs that tou~h women and girls of diverse backgrounds; and, the Florida American Association of University Women is part of a national organization that offers 4 million dollars a year in fellowships and grants to graduate women through their Educational Foundation; and, the Florida American Association of University Women supports plaint if f s challenging sex discriminat ion on college and univer sit y campuses; and, the Florida American Association of University Women makes a global impact through int er nat ional init iat ives and part nerships. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that April 26-May 2, 2004 be designated as Florida American Association of University Women Week and to honor the 75th Anniversary of the Florida American Association of University Women and to encourage all Florida residents to become aware of the continuing contributions made by their 6,000 members in 50 Florida communities. DONE AND ORDERED THIS 27~h day of April, 2004. BOARD OF COUNTY COMMI SSI ONERS COLLI ER COUNTY, FLORI DA ATTEST: DONNA FI Al_A, CHAIRMAN DWI GHT E. BROCK, CLERK Agenda Item No. 4D April 27th, 2004 Page I of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 4D Proclamation to designate the week of April 26 through May 2, 2004 as Florida American Association of University Women Week. To be accepted by Cindy Anderson and Ramona McNicholas. 4/27/2004 9:00:00 AM Prepared By Kathleen Martinson Board of County Commissioners Administrative Aide to BCC BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC BCC Office Date 4/15/2004 11:14 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/15/2004 6:38 PM Agenda Item No. 4D April 27th, 2004 Page 2 of 2 PROCLAMATZON ~venile cu~on is · s~ious chine that affects ~11 people and can only be stopped when citizens realize the physicol and emotiomd pain suffer~l by arson victims; and, WHEREAS, juvenile arum and youth-set fi~es result in ove~ 300 deaths annually, 2,000 injuries annually, $300 million in pr~w4d7 damage m~mally, and more than 40,000 incidents annually; and, WHEREAS, if people can be ~ more informed and communities can have intervention c~l t~eatm~t programs fo~ ~uvenile fire-setters; strides can be made in this very I~everrtoble malfeasance: and, WHEREAS. the price people pay foe youth-set fires is extreme. /Mst of the lives lost a~e those of the very child~n setting the fires. Zn addition t~ the cost of the damaged property, the~ is the cost to communities' for needed to combat juvenile fim WHEREAS, public ities of the of DONE Al A TT~$ T~ DONNA F'Z,,ILA, c"TIAZR~AN Agenda Item No. 4E April 27th, 2004 Page I of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date Approved By Sue Filson Board of County Commissioners 4E Proclamation to designate the first week in May every year as National Arson Awareness Week. To be accepted by Jason Gunkle, Inspector for the Golden Gate Fire Department. 4/27/2004 9:00:00 AM Executive Manager to the BCC BCC Office Date 4/21/2004 11:22 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/21/2004 12:00 PM Agenda Item No. 4E April 27th, 2004 Page 2 of 2 PROCLAM AT I ON WHEREAS, animal companions are considered to be man's best friend by protecting and befriending their human caretakers; and, WHEREAS, Collier County Domestic Animal ~ervices actively seeks to educate the public about proper, loving care of all animals while the Department also investigates reported cases of animal neglect and abuse; and, WHEREAS, thousands of animals suffer from neglect of their basic needs including food, water, and shelter every year, because many times pet owners do not recognize signs of pet neglect; and, WHEREAS, let abuse has been closely linked by several studies to other types of violence including family violence; and, WHEREAS, Collier County recognizes the need to raise awarer~._;_~ concerning the importance of respecting all animals, domesticated or wild, because animals should be treated like family and provided with gentle, loving care; and, WHEREAS, The American Humane Association has led the campaign to respect animals for the last 8§ years through its notionally recognized "Be Kind to Animals' Week; and, WHEREAS, believing dogs, cats, and all other animals deserve to be respected, well cared for, and protected from harm or abuse, DA$ also recognizes "Be Kind to Animals' Week in an effort to educate the public about our "best friends". NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, that May 2 -May 8, 2004, be recognized as BE KI ND TO ANIMALS WEEK DONE AND OFDERED THIS 27th Day of April, 2004 BOARD OF COUNTY COMMISSIONERS COLLI ER COUNTY, FLORI DA ATTEST: DONNA FI ALA, CHAIRMAN DWI GHT E. BFtOC~, CLERK Agenda Item No. 4F April 27th, 2004 Page 1 of 2 Item Number Item Summary Meeting Date Approved By Sue Filson Board of County Commissioners COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4F Proclamation to designate the week of May 2 through May 8, 2004 as Be Kind to Animals Week. To be accepted by Beth Walsh, Collier County Interim Director for Domestic Animal Services. 4/27/2004 9:00:00 AM Executive Manager to the BCC BCC Office Date 4121/2004 12:29 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager County Manager's Office Date 4/21/2004 3:14 PM Agenda Item No. 4F April 27th, 2004 Page 2 of 2 EXECUTIVE SUMMARY Recommendation to recognize John Conti, Field Engineering Inspector, Transportation Division, as "Employee of the Month" for April 2004. OBJECTIVE: To recognize John Conti, as "Employee of the Month." CONSIDERATIONS: John Conti is one of Collier County's stars. Collier County has employed John Conti for over 15 years, the last 9 of those years has been as a member of the County's Transportation team. John's responsibilities include being in charge of the widening of Radio Road, the Goodlette- Frank Improvement Project and the Wiggins Pass Out"fall Project where he received input from residents concerned about the close proximity of the Project to their homes, John demonstrated good judgment, professionalism and a good engineering "know-how" in his responses that ultimately resolved their concerns. This contributed favorably to the final outcome. John's management style is a proactive one. John utilizes his expertise to trouble-shoot and improve any potentially troubling Project situation. John has saved the county money and time through his experience and expertise. John attends all Public Information Meetings regarding his projects and is responsive to community input and concerns. John's selfless commitment to the Transportation Services Division and its mission to exceed the expectations of the community he serves, are all examples of his service beyond the call of duty. FISCAL IMPACT: The "Employee of the Month" selected, receives a $150.00 cash award. Funds for this award are available in the department's budget cost center. RECOMMENDATION: To recognize John Conti, Field Engineering Inspector, Transportation Division, as "Employee of'the Month" for April 2004. Agenda Item No. 5A April 27th, 2004 Page 1 of 2 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 5A Recommendation to recognize John Conti, Field Engineering Inspector, Transportation Division, as "Employee of the Month" for April 2004. 4/27/2004 9:00:00 AM Prepared By Dawn Ragone Administrative Services Administrative Assistant Human Resources Approved By Jean Merritt Administrative Services Human Resources Director Human Resources Date 4/13/2004 9:51 AM Approved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. Date 4/13/2004 3:51 PM Approved By Robin Johnson County Manager's Office Management/Budget Analyst Office of Management & Bu~lget Date 4/15/2004 3:47 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/19/2004 12:27 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/19/2004 2:42 PM Agenda Item No. 5A April 27th, 2004 Page 2 of 2 CO1 ] ]ER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, FL 34112 · 239-774-8383 · Fax 239-774-4010 April14,2004 Mr. David Tetztaff, Director Cadbbean Gardens ' The Zoo in Naples 1590 Goodlette-Frank Road Naples, FL 34102-5260 Re: Public Petition Request to Discuss Potential For The County to Purchase Caribbean Gardens Property Dear Mr. Tetzlaff: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of Apdl 27, 2004, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concem and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. ~?_.__._ly,Rim~=m~- ...... James V. Mudd County Manager JVM/]b cc: David Weigel, County Attorney C Agenda Item No. 6A April 27th, 2004 Page I of 2 ~IBBEad~ C~RDENS A World of Wildlife in the Heart of Naples FAX: 774-4010 April 13, 2004 T~ZOO~-N~ 239.2~f~,09 ~ 107 1590 Goodlette. Frank Road .~Naples Flol4d~ 34,102-S260 '~arm: 23g.,262,54~ rax:2.tg~ www. NaplesZao.mm '~0~ Agenda Item No. 6A April 27th, 2004 Page 2 of 2 g9999998gg /Y& ~O:gT tO/gT/tO COIJ_JER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, FL 34112 · 239-774-8383 · Fax 239-774-4010 March 31, 2004 Mr. Larry J. Gantzer PGA Head Golf Professional Naples Beach Hotel 851 Gulf Shore Boulevard Naples, FL 34102 Re: Public Petition Request to Discuss a Collier Junior/Public Golf Course Dear Mr. Gantzer: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 27, 2004, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. if you require any further information or assistance, please do not hesitate to contact this office. Sincerely, -*'dames V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Agenda Item No. 6B April 27th, 2004 ~ ., Pagelof3 bodineiudi From: mudd_j Sent: Wednesday, March 31, 2004 12:53 PM To: bodinejudi Cc: dunnuck._j Subject: FVV: Collier Jr. Golf proposed land.doc Judi, Draft a public petition letter for him for 4/13 BCC meeting. Thanks, Jim .~Original Messagc From: coletta_j Sent: Wednesday, March 31, 2004 12:34 PM To: mudd_j; stone_w; wight_d Subject: FW: Collier Jr. Goff Jim Mudd Getting my e-mail up to date. You have in all probability already receive this request. Jim Coletta ..mOriginal Message..m From: Larry Gantzer [mailto:l_gantzer@naplesbeachhotel. com] Sent: Wednesday, March 17, 2004 lO:O0 PM To: ~immudd~colliergov. net' Cc: fiala_d; CoyleFred; henning_t; coletta_j; HalasFrank Subject: Collier Jr. Goff I know that a few of you know what the idea is behind Collier Jr. Golf and know me from meetings and the last few years of fund raisers that I have done. I would like to come and speak before the commission and let you know what ! believe and quite a few other people believe to be a gmat idea and need hem in Collier County fora Jr~/ public course. We have a growing need to try to help the Jr. golfers have a place to call home for the events played at the High school level as well as the middle school level. I will also ask that you take a look at the attachment that I have put with this e-mail. Thank you for your time and i hope that we can meet for discussion. To date we have $40,000.00 at The Community Foundation ! If we have no land we have no way to move forward on grant money ! <<proposed land. doc>> Larry J. Gantzer PGA Head Golf Professional 239-435-2443 Fax 239-659-4308 e-mail I_gantzer@naplesbeachhotel. com Agenda Item No. 6B April 27th, 2004 Page 2 of 3 COLLIER JUNIOR GOLF PROPOSED COLLIER COUNTY LAND The hope is to acquire 80 - 100 acres from the county to build a public junior golf course. The golf course would be 5,000 - 6,000 yards in length. It would be a par 72 for junior golfers and a par 67 for adults. It would also have a learning center that would be the host of several different types of classes for the juniors: · Rules of golf and etiquette. · After school program with tutors to help them with homework utilizing retired teachers. · Local superintendents talking about the environment and how to take care of a golf course. · Merchondising the junior golf shop. · Club FepalF ond club fitting. · Tournament operations. · Caddy program for other area golf courses. I have received great support from a tremendous number of local people about this program. Each year I play "100 Holes of Golf in One Day" to raise money for this very idea and the support is wonderful: · The Law Firm of Cardillo, Keith & Bonaquist · Wentzel, Berry, Wenfzel & Phillips, P.A. · The Naples Daily News · Well-known golf course architect, Ran Gari is willing to donate the designs lapproximately $I50,000 - $200,000 value) · A retired superintendent of schools · Governor Jeb Bush · State Senator Burr Saunders · Florida House of Representatives J. Dudley Goodlette · Little Thunder Executive Director Ty Andersen The possibility of grant money for this program is outstanding. The U.S. Golf Association has told me that a grant has never been given to any program in Southwest Florida, to date. The PGA of Amedca also has grant money available in a grant called The Growth of the Game. The Tiger Woods Foundation has grants available, as well as the National Golf Foundation. I have not tapped any of these resources yet, but have talked with individuals who believe it would be possible to obtain a grant, and the feeling is that we have a great opportunity here in Collier County to do the dght thing for the betterment of the game. The possibilities of corporate involvement in this area are endless. We could sell the sponsorship of a hole to ! 8 different companies and offer to have a junior program of their choice at the golf course in their honor. Sponsorship of the learning center, the practice range, the pro shop and many more things could and will be done. The public school system has children attending class from August ! 2 - May 28. That is roughly 8 months dudng which we could allow adults to play the course, from 7:30 am through 2:00 pm -- roughly 24,000 rounds at $35, equaling a possible .I~40,000 of revenue. Estimate dollars to build the facility is approximately $2 - $2.5 million. Agenda Item No. 6B April 27th, 2004 Page 3 of 3 COl IIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, FL34112 · 239-774-8383 · Fax239-774-4010 April 2, 2004 Mr. Richard C. Grant Grant, Fridkin, Pearson, Athan & Crown, P.A. 5551 Ridgewood Drive, Suite 501 Naples, FL 34108-2719 Re: Public Petition Request to Discuss Appeal of LDC Interpretation of PUD Located on Pine Ridge Road Dear Mr. Grant: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 27, 2004, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concem and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. County Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, Administrator, C.D.&E.S. C Agenda Item No. 6C April 27th, 2004 Page I of 2 F~m: Sent: To: Cc: Subject: Richard Grant [RGrant~fpac.com] Thursday, March 25, 2004 5:29 PM ochs_l murray_s Public Petition- Request for Relief from a Unique PUD Issue Mr. Ochs: This follows up on our earlier discussion. We represent Pine Ridge Investors of Naples LLC. It is affilliated with Kraft Construction Company, Inc. This is to request that I be permitted to appear before the BCC on a public petition on behalf of this client. The purpose is to explain to the BCC a situation that exists with land zoned under two adjoining and virtually identical PUD's. Specifically the PUD's are Ordinances No. 2001-09 and 2001-08. All of the land in both PUD's is owned by the above client. The terms of the PUD ordinances prevent the client from developing the land in a way that appears to be sound from a planning standpoint: ie the client would like to build a building that would encroach on side set backs where the PUD's abut. Such is commonly allowed within, at least, internal set backs in similar zoning districts where there is common ownership. The circumstances of the two PUD's are rather unique. The terms are virtually identical and they share necessary common infrastructure. They are in realilty one overall plan but split into two PUD because at the time approved the land was owned by different persons. That is no longer the case. To obtain relief under the county LDC, as curently interpreted by the staff, requires action that seems unecessarily complex, burdensome, and time consuming, eg complete rezoning or a variance. We will ask the BCC to consider other solutions that will set policy and to give the staff direction and guidance to implement other solutions that are less complex and less time consuming. The circumstances involved with this public petition are the subject of an appeal of a staff LDC interpretation that I understand is scheduled to be heard by the BCC on April 27, 2004 involving the same client. The appeal was filed by Wayne Arnold of the Grady Minor engineering firm. He and I are working together on this matter. I understand the public petition would be scheduled at a different time from the appeal but this is to request that both be scheduled for April 27. It would serve all involved well to do so on the same day while the subject is fresh in everyones' mind. If you need more information please let me know. I am copying Susan Murray on this with whom we have met. Marjorie Student in the county attorney office is familiar with this as well but I do not have her email address. Could you please see that she receives a copy of this email so she is kept informed. Richard C. Grant Board Certified Real Estate Attorney Grant, Fridkin, Pearson, Athan & Crown, P.A. 5551 Ridgewood Drive, Suite 501 Naples, Florida 34108-2719 rgrant@gfpac.com Agenda Item No. 6C April 27th, 2004 Page 2 of 2 EXECUTIVE SUMMARY ADA-2004-AR-5363, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., representing Pine Ridge Investors LLC, requesting to appeal the formal interpretation issued by the Director of the Department of Zoning and Land Development Review that states building construction may not occur over the common boundary of the Pine Ridge Center PUD and the Pine Ridge Center West PUD, which comprises + 17.60 acres and is located in Section 18, Township 49 south, Range 26 east, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals review the Director's formal interpretation along with other supporting documentation associated with the above referenced petition, and then adopt (uphold) the interpretation, with or without modifications or conditions, or reject the interpretation. CONSIDERATIONS: Division 1.6. of the Collier County Land Development Code (LDC) sets forth procedures for submitting a request for an interpretation, authorizes the Director to render an interpretation, identifies the process in which affected parties may appeal the Director's interpretation, and authorizes the Board of Zoning Appeals (BZA) to render a final determination regarding the Director's interpretation. In a letter dated October 13, 2003, the agent for the subject property owner requested a formal interpretation (INTP-2003-AR-4888) of the Pine Ridge Center PUD (Ordinance No. 2001-08) and the Pine Ridge Center West PUD (Ordinance No. 2001-09). Specifically, the agent asked whether the development standards contained in both PUDs would allow a building to be constructed over the common PUD boundary when the PUDs are under common ownership. (The interpretation also dealt with other issues; however, these issues are not part of this appeal.) On January 5, 2004, the Director of the Department of Zoning and Land Development Review issued the following interpretation. "Development standards are provided in Section 3.4. of each PUD ordinance. Specifically, side yards external to the PUD require a 15-foot setback. The legal description for each PUD is specific and the description delineates the boundary lines for each PUD, and each PUD has an external side yard boundary and shares a common external side yard boundary, all requiring 15.foot setbacks, therefore, it is my Agenda Item No. 7A April 27th, 2004 Page I of 75 determination that a structure is prohibited from being constructed over the common PUD boundary regardless of ownership." On February 5, 2004, County staff received a request to appeal the Director's interpretation regarding the above subject matter. The agent claimed that because of the sin,ii,~,rity of permitted uses, development standards, and infrastructure, both PUDs sh(mld be viewed as a singular zoning district and the subject 15-foot side yard setback f:'ot~ the PUD zoning boundary should not be applicable. Pursuant to Section 1.6.6. of the LDC, the BZA shall consider the interpretation of the Dir,'.. for and public testimony in light of the Growth Management Plan, the Future Land [ - ?lap, the code or official zoning atlas, whichever is applicable. The BZA shall adopt the Drrector's interpretation, with or without modification or conditions, or reject the i~',.,~ retation. The BZA is not authorized to modify or reject the Director's interpretation ~uch Board finds that the determination is not supported by substantial competence ', '..ce or that the interpretation is contrary to the Growth Management Plan, Future ~and Use Map, the code or the official zoning atlas, whichever is applicable. FISCAL IMPACT: This petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: This petition will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Staff recommends that the official interpretation (INTP-2003-AR-4888) rendered by the Director of the Department of Zoning and Land Development Review concerning certain development standards for the Pine Ridge Center PUD and Pine Ridge Center West PUD, be upheld. Agenda Item No. 7A April 27th, 2004 Page 2 of 75 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7A ADA-'2004-AR-5363, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., representing Pine Ridge investors LLC, requesting to appeal the formal interpretation issued by the Director of the Department of Zoning and Land Development Review that states building construction may not occur over the common boundary of the Pine Ridge Center PUD and the Pine Ridge Center West PUD, which comprises + 1760 acres and is located in Section 18, Township 49 South. Range 26 East, Collier County, Florida. 4/27/2004 9:00:00 AM Prepared By Michele R. Mosca, AICP Community Development & Environmental Services Principal Planner, AICP Zoning & Land Development Review .\ pproved By Michele R. Mosca. AICP Community Development & Environmental Services Principal Planner, AICP Zoning & Land Development Review Date 411112004 6:36 PM Approved By Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Director Zoning & Land Development Review Date 4/12/2004 9:30 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4113/2004 5:10 PM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Zoning & Land Development Review Date 4/15/2004 2:48 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/20/2004 8:59 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4~20~2004 12:21 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 412012004 5:05 PM Agenda Item No. 7A April 27th, 2004 Page 3 of 75 COLLIER COUNTY GOVE NT Community Development and Environmental Services Division Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104 January 5, 2004 Mr. D, Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 RE: INTP-2003-AR-4888 Request for official interpretation to determine if certain land uses and development standards are permitted by the Pine Ridge Center and Pine Ridge Center West Planned Unit Developments (PUDs). Dear Mr. Arnold: In your letter dated October 13, 2003, you requested an official interpretation of the Pine Ridge Center PUD and the Pine Ridge Center West PUD. Specifically, you asked whether .bO_th PUD. ordinances permit general painting contractors (Industry No. 1721); whether indoor warehousing self-storage (Industry No. 4225), and automobile dealership (Industry No. 5511) are uses comparable in nature to other permitted uses within each PUD and thereby deemed permitted uses; and, whether a building can be constructed over the common PUD boundary when the PUDs are under common .ownership. The following is my analysis and determination. The Pine Ridge Center PUD and Pine Ridge Center West PUD are located within an Interchange Activity Center in Section 18; Township 49 South, Range 26 East. The Pine Ridge Center PUD is 8.79 acres, was adopted by Ordinance No. 2001-08, and allows 100,000 square feet of commercial development. Pine Ridge Center West PUD is 8.87 acres, was adopted by Ordinance No. 2001-09, and allows 100,000 square feet of commercial development. Each PUD is divided into three development areas; Area A is restricted to open space and stormwater management; Area B permits commercial development ranging from neighborhood commercial (C-1 through C-3) uses to limited heavy commercial (C-5); Area C permits primarily neighborhood commercial uses and limited general commercial uses (C-4). Interpretation No. 1: Section 2.7.3.3. of the Land Development Code (LDC) provides, in pertinent part, "...the master plan fOr development, the PUD document and all other information and materials forrnally submitted with the petition shall be considered and adopted as an amendment to the zoning code and shall become the standards for development for the subject PUD..." Each PUD was adopted with a master plan; Section 3.3. of both PUD ordinances sets forth a list of permitted principal commercial uses allowed as of fight in Areas B and C; and, Section 3.3.B.4. of both PUD ordinances allows "painting and paper hanging" (Industry No. 172I), which includes uses such as, "house painting-contractors," and "painting of buildings and other structures, except roofs-contractors." Accordingly, it is my determination that "general painting contractors of residential and non-residential buildings" is a permitted use as of right in development Area B in each PUD. C <23 Agenda Item No. 7A. April 27th, 2004 ' '~ Page4of75 Phone (239) 403-2400 Fax (239) 643-6968 www. colliergov.net Mr. D. Wayne Arnold, AICP Page 2 January 5, 2004 Interpretations 2 and 3: Sections 3.3.B.6. and 3.3.C.19. of each PUD ordinance permits "Any other commercial use or professional service use which is comparable in nature with the foregoing uses." Each PUD permits commercial uses ranging in intensity and includes: retail, financial, professional, personal, and construction. The uses requested as comparable to the principal permitted uses in each PUD are auto saIes (Motor Vehicle Dealers, Industry No. 5511) and indoor warehousing self-storage (General Warehouse and Storage, Industry No. 4225). Auto sales (Industry No. 5511) is a retail use allowed in the C-4 and C-5 zoning districts categorized by the open storage of vehicles, both new and used. Routinely these auto sales faciliti_e_s have service areas for repairs and accessory merchandise sales areas. Although each PUD allows retail uses, including auto supply stores, auto repair and outdoor storage uses are not allowed by these PUDs nor are these repair and storage uses comparable in nature to the uses permitted in each PUD. Further, the retail uses permitted in these PUDs sell smaller items and store the merchandise inside buildings; and most sell items purchased on a more frequent basis and at far less cost than an automobile. Retail uses listed in the PUDs are apparel and accessory stores; auto supply stores; food stores; general merchandise stores; home furnishings and equipment stores; miscellaneous retail stores (drag stores, sporting goods, camera stores, florists, optical goods); and paint, glass, wallpaper, hardware and lawn and garden supply stores. The information submitted by the petitioner, including a narrative and trip generation comparisons, reveals that the uses may be compatible, given the development restrictions imposed in the PUD ordinances, however, does not demonstrate that they are "... comparable in nature..." to the uses permitted in each PUD. General warehouse and storage (Industry No. 4225) is categorized as the storage of special products, such as household goods, automobiles (dead storage), furs, textiles, whiskey, and goods at foreign trade zones. As noted above, each PUD allows a variety of retail commercial uses plus office, personal service, construction contractor, and repair service uses; however, none of these uses are similar or "comparable in nature" to warehousing. Again, the information submitted by the petitioner reveals that the uses may be compatible with the principal permitted uses in each PUD, but dOes not demonstrate that they are comparable in nature to the uses permitted in each PUD. Interpretation 4: Development standards are provided in Section 3.4. of each PUD ordinance. Specifically, side yards eXternal to the PUD require a 15-foot setback. The legal description for each PUD is specific and the description delineates the boundary lines for each PUD, and each PUD has an external side yard boundary and shares a common external side yard boundary, all requiting 15-foot setbacks, therefore, it is my determination that a structure is prohibited from being constructed over the common PUD boundary regardless of ownership. Pursuant to Division 1.6 of the LDC, this interpretation has been sent to you via certified mail, return receipt requested. As this is a site-specific interpretation, all property owners within 300 feet of the subject property will be mailed notice of this interpretation and a notice of this interpretation and appeal time frames will be advertised in the Naples Daily News. Within 30 days of receipt of this letter, or within 30 days of publication of the public notice, any affected ' property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which this interpretation has been rendered. An aggrieved or adversely affected party is defined as any person or group of persons, which will suffer an adverse effect to ~ inter~st, proted;ted.,o$ furthered by the Collier County Growth Management Plan or the Land Developmcki~fill~~f0~r an Page 5 of 75 -Mr. D. Wayne Arnold, AICP Page 3 January 5, 2004 appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $500.00 application and processing fee. ff payment is in the form of a check, it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. Sincerely, Susan Murray, AICP, Interim Director Department of Zoning and Land Development Review Cc: Collier County Board of Commissioners Jim Mudd, County Manager Joseph K. Schmitt, Administrator, Comm. Development & Env. Services Div. Michele R. Mosca, AICP, Principal Planner Alamar Smiley, Permitting Supervisor Marjorie M. Studen't, Assistant County Attorney Patrick G. White, Assistant County Attorney Agenda Item No. 7A April 27th, 2004 Page 6 of 75 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMI'IT, P.E. MICHAEL J. DELATE, P.E. NORMAN J. TREBILCOCK, A. LC.P., P.E. MATi~IEW J. HERMAN,SON, P.E. D. WAYNE ARNOLD, A.I.C.P. ROBERT "BOB" THINNES, A.I.C.P. THOMAS J. GARRIS, P.S.M. STEPHEN V. BURGESS, P.S.M. MICHAEL L. HARMON, P~S.M. ALAN V. ROSEMAN February 5, 2004 Ms. Susan Murray, A.I.C.P., Director Collier County Department of Zoning and Land Development 2800 North Horseshoe Drive Naples, FL 34104 ADA-2004-AR-5363 PINE RIDGE CENTER PUD PROJECT #19990239 DATE: 2/9/04 DUE: 2123/04 MICHELE MOSCA Appeal of Formal Interpretation: INTP-2003-AR-4888 Pine Ridge Center PUD and Pine Ridge Center West PUD Dear Ms. Murray: Pursuant to Division 1.6 of the LDC, this correspondence shall give us our formal request to appeal the Planning Director's interpretation (INTP-2003-AR-4888). Enclosed please find a check in the amount of $500.00 for the appeal application and processing fee. Specifically, the appeal relates only to that portion of the Interpretation in which the Planning Director has opined that building construction may not occur over the common PUD boundary of the Pine Ridge Center PUD and Pine Ridge Center West PUD. The commercial planned developments are commonly owned by Pine Ridge Investors of Naples, Inc. Ordinances 2001-08 and 2001-09 are identical in every respect. All uses, development standards and conditions are the same in both PUD's, and further, both PUD's have through their common conceptual master plan, demonstrated that basic infrastmc~ such as vehicular access and water management are shared for both properties. These master plan features clearly contemplate the common development of both PUD's. In the context of the identical PUD documents and fnaster plans, the properties may be viewed as two parcels having common ownership and zoning. For example, if the parcels were zoned C-4, and a common site plan was submitted to construct a building across the common C4 zoning line of the parcels, staff would, and does commonly permit such building construction over the common zoning boundary. With specific reference to these properties, it is the intent of the owner to construct a single office building across the common PUD boundary to support the corporate offices for Kra.q Construction. hothPUD's Because of the similarity of permitted uses, development standards, and inffastmcture~ E E E should be viewed as a singular zoning district. b~prll /tm, -qJu,~ 3800 Via Del Rey Bonita Springs, Florida 34134-7569 EB/LB 0005151 Page 7 of 75 F:'JOB'4~RDI~WAk~M40205 L.ck~ KPRDD Ms. Susan Murray, A.I.C.P., Director Re: Appeal of Formal Interpretafion:INTP-2003-AR-4888 Pine Ridge Center PUD and Pine Ridge Center West PUD February 5, 2004 Page 2 A site plan for the singular building would be submitted for approval by Collier County. Based on the commonality of property ownership, land uses, development standards, access, and water management system, it seems logical to conclude that the 15' setback fi.om th6 PUD boundary (internal) should not be applicable, and that the properties should be viewed as having common zoning designations for purposes of this interpretation. As part of this appeal, we wish to reserve the right to provide supplemental information in support of said request. We also would respec~ly request a meeting with you and other appropriate staff at your earliest opportunity to further discuss this matter. Enclosed, please t'md a copy of the property deeds which demonstrate the common ownership of both properties. Sincerely, D. Wayne Arnold, AICP DWA:dr Enclosures cc: Fred Pezeshkan Dick Grant F:UOB',XPRDI~WAk.~VA020~ Ldoo Agenda Item No. 7A April 27th, 2004 Page 8 of 75 KFRDD 5551 Hiagewuuu N~les, Florida 3410B ~ ~4~02 3316420 OR: 3468 PG: 1943 12/19/D03 ~t 02:3~?~ D~[~ ~, BROC[, C~N~ COWS ~625000,0~ R~C ~H 15.00 D5C-.70 15375.00 Warran~ Deed taus ,~ m, Dx~, Co~d, OH 4467~(~L) ~ 803 ~~~ L~, ~eS ~1~, O~ 440~0 (DL) . April 27th, 2004 Page 9 of 75 . Warranty Deed ~,=z~.~ ~,o ~umt~. On2E~ '~'-~2000~ OR: ~oo :~,. 1~,~ NOTARY ~UBLI~, ~TATE OF OHIO Agenda Item No. 7A April 27th, 2004 Page 10 of 75 t]KA~I, I-KIL~8,1N, I-I AL 'NU. ~J~O ..... r. *-** OR: 3468 No~ on~-clusr~ (NV/~) of Sot. lien ] 8, Tov~_~htl: 49 8outh~ Ka_qga 26 East, C. elli~ CO1~, Florida, mote pat~culm'ly d~n'b:d a~ follow: That p. orti~ of~he Se~on l%'Town~p 4~ South, ~ ;~ F,u% Collier oOuat7, Flurkla, l~i.~qouth of Pia~ .-.; .. ~.. Pdd~a Road (2,lC C~um~u:e at the Nodin,~ eome~ of S~on 18, To~ 49 So~ ~, H~.~ ~ N~ g9~ 33' 39" ~ ~ ~e N~ ~ of~d ~ ] ~ f~ a ~ of 1,60S34 f~ W ~o ~o~ ~m~ of me ~ ~ of ~ ~cm h~ ~ ~c N~ q~ of~e N~ ~ ofs~d ~ of ~d 8~on 18 f~ a ~ ~ 1 ~9.47 f~t Road No. 8-896 ~c ~dgc ~ a 150,00 f~t ~t~f-~y, De~ ~Trm~o~ ~:-ofw~ ~ fo~ ~_~e Road No. 8-89~ 8c~on0~5~2603, h~ dzmm~; ~ ~u~ So~ 00' 21' 48" N~w~ qu~ ff ~id 8~on 1N f~ a ~ ~ ef~' 11' 48.~ ~t ~ ac ~ of3~.g7 f~ m ~ PO~ O~ B~~~, " AND EXerT: more pmdiculmly d~,xib~l aa follows~ " CDnunemuin~ itt thc Noxthwest cm-Acr of ~d Scion 18; ~ d~s ~ ~ ~4 ~as ~ a ~ ~ 139.59 f~ 0 d~c~ 26~ 17 s~ ~ s disco ~35,00 ~ to ~ ~i~~~ ofa~- ] 0 ~aU~ O0 a~ ~ a ~d of 3~,7a ~ ~ N~ 8a de~.35 ~ 43 24 ~nm~ 36 s~s We~ · ~ of3~,06 f~ ~ ~ PO~OF ~~O. Agenda Item No. 7A. April 27th, 2084 Page 11 of 75 ORANT, FRIDKIN, r ATHAN & OROV?J. P.A. 5551 Ridgewood Dt,~ Suite 501 Naples, florida 34108 This Instrument Prepared By: lohn Paulich llI, ]Esq. Paulich Slack & Wolff, P.A. 801 Anchor Rode Drive, Suite 203 Naples, FL. 34103 Parcel I.D. Number(s): 00287400009 bi RL I~U. OY~O r, 9 3316421 OR: 3468 PG: 1946 2625000.00 15.00 18175.00 THIS WARRANTY DEED rome the /;c''p/'~ day of December, 2003, by ANTHONY F. JANCIGAR, individually, and as Trustee of that certain unrecorded Trast Agreement 88-429.1, hereinafter called the Grantor, to PINE RIDGE INVESTORS OF NAPLES, LLC, a Florida limited liability company whose postoffice address is: 2606 South Horseshoe Drive Naples, FL 34104 hereinafter called the Grantee, WITNESSETH: That ~e Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and conf'mns unto the Grantee, all that certain land situate in Collier Coumy, Florida, v/z: See PARCRI. 1 of Exhibit "A" attached hereto GRANTOR WARRANTS THIS IS NOT HOIVIESTEAD PROPERTY OR CONTIGUOUS THERETO. THIS IS VACANT LAND. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and To Hold, the same in fee simple forever. And the Cn'antor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good ri?ght and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the Agenda Item No. 7A April 27th, 2004 Page 12 of 75 3 68 ?6: lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003; and subject to all easements, restrictions and reservations common to thc subdivision. In Witness Whereof, thc said Grantor has signed and scaled these presents thc day and year Mst above written. Signed, sealed & delivered in our presence: ~ss #1 Signature W~#1 Printed Name. Withcss #2 Si~mature Witness ~v2 Printed Name A~eement 88-429-1 STATE OF FLORIDA COUNTY OF COl J .IF~R ~. The foregoing instrument was acknowlcdgext before me. t~his /3;"-day of December, 2003, by Anthony F. Jancigar, individmally, and as Trustee, w/l~ ~ is personally known to me or ( ) produced driver's license as identification. / / -- Notary Public My Commission Expires: : _-:: ~::: _ _ -_-=: .... _ _ .:.- _, II Agenda Item No. 7A April 27th, 2004 Page 13 of 75 flu. *** OR: 3468 K. / 1948 Ek'qlTBIT W~ ½ af Wr. st ½ of Northeast ~ of Nozthw~ V, of StrOh N, Tow,t,l~¥ 49 S, Ra~e ~ ~, AND I~C~T: Agenda Item No. 7A April 27th, 2004 Page 14 of 75 COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Planning Services Department - 2800 North Horseshoe Drive * Naples, Florida 34104 January 5, 2004 Mr. D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 RE: INTP-2003-AR-4888 Request for official interpretation to determine if certain land uses and development standards are permitted by the Pine Ridge Center and Pine Ridge Center West Planned Unit Developments (PUDs). Dear Mr. Arnold: In your letter dated October 13, 2003, you requested an official interpretation of the Pine Ridge Center PUD and the Pine Ridge Center West PUD. Specifically, you asked whether both PUD ordinances permit general painting contractors (Industry No. 1721); whether indoor warehousing self-storage (Industry No. 4225), and automobile dealership (Industry No. 5511 ) are uses comparable in nature to other permitted uses within each PUD and thereby deemed permitted uses; and, whether a building can be constructed over the common PUD boundary when the PUDs are under common ownership. The following is my analysis and determination. The Pine Ridge Center PUD and Pine Ridge Center West PUD are located within an Interchange Activity Center in Section 18, Township 49 South, Range 26 East. The Pine Ridge Center PUD is 8.79 acres, was adopted by Ordinance No. 2001-08, and allows 100,000 square feet of commercial development. Pine Ridge Center West PUD is 8.87 acres, was adopted by Ordinance No. 2001-09, and allows 100,000 square feet of commercial development. Each PUD is divided into three development areas; Area A is restricted to open space and stormwater management; Area B permits commercial development ranging from neighborhood commercial (C-1 through C-3) uses to limited heavy commercial (C-5); Area C permits primarily neighborhood commercial uses and limited general commercial uses (C-4). Interpretation No. 1: Section 2.7.3.3. of the Land Development Code (LDC) provides, in pertinent part, "... the master'plan for development, the PUD document and all other information and materials formally submitted with the petition shall be considered and adopted as an amendment to the zoning code and shall become the standards for development for the subject PUD..." Each PUD was adopted with a master plan; Section 3.3. of both PUD ordinances sets forth a list of permitted principal commercial uses allowed as of right in Areas B and C; and, Section 3.3.B.4. of both PUD ordinances allows "painting and paper hanging" (Industry No. 1721), which includes uses such as, "house painting-contractors," and "painting of buildings and other structures, except roofs-contractors." Accordingly, it is my determination that "general painting contractors of residential and non-residential buildings" is a permitted use as of right in development Area B in each PUD. Agenda Item No. 7A , .,April 27th, 2004 Page 15 of 75 Phone (239) 403-2400 Fax (239) 643-6968 www.colliergov.net Mr. D. Wayne Arnold, AICP Page 2 January 5, 2004 Interpretations 2 and 3: Sections 3.3.B.6. and 3.3.C. 19. of each PUD ordinance permits "Any other commercial use or professional service use which is comparable in nature with the foregoing uses." Each PUD permits commemial uses ranging in intensity and includes: retail, financial, professional, personal, and construction. The uses requested as comparable to the principal permitted uses in each PUD are auto sales (Motor Vehicle Dealers, Industry No. 5511) and indoor warehousing self-storage (General Warehouse and Storage, Industry No. 4225). Auto sales (Industry No. 5511) is a retail use allowed in the C-4 and C-5 zoning districts categorized by the open storage of vehicles, both new and used. Routinely these auto sales facilities have service areas for repairs and accessory merchandise sales areas. Although each PUD allows retail uses, including auto supply stores, auto repair and outdoor storage uses are not allowed by these PUDs nor are these repair and storage uses comparable in nature to the uses permitted in each PUD. Further, the retail uses permitted in these PUDs sell smaller items and store the merchandise inside buildings; and most sell items purchased on a more frequent basis and at far less cost than an automobile. Retail uses listed in the PUDs are apparel and accessory stores; auto supply stores; food stores; general merchandise stores; home furnishings and equipment stores; miscellaneous retail stores (drug stores, sporting goods, camera stores, florists, optical goods); and paint, glass, wallpaper, hardware and lawn and garden supply stores. The information submitted by the petitioner, including a narrative and trip generation comparisons, reveals that the uses may be compatible, given the development restrictions imposed in the PUD ordinances, however, does not demonstrate that they are "... comparable in nature..." to the uses permitted in each PUD. General warehouse and storage (Industry No. 4225) is categorized as the storage of special products, such as household goods, automobiles (dead storage), furs, textiles, whiskey, and goods at foreign trade zones. As noted above, each PUD allows a variety of retail commercial uses plus office, personal service, construction contractor, and repair service uses; however, none of these uses are similar or "comparable in nature" to warehousing. Again, the information submitted by the petitioner reveals that the uses may be compatible with the principal permitted uses in each PUD, but does not demonstrate that they are comparable in nature to the uses permitted in each PUD. Interpretation 4: Development standards are provided in Section 3.4. of each PUD ordinance. Specifically, side yards external to the PUD require a 15-foot setback. The legal description for each PUD is specific and the description delineates the boundary lines for each PUD, and each PUD has an external side yard boundary and shares a common external side yard boundary, all requiting 15-foot setbacks, therefore, it is my determination that a strhcture is prohibited from being constructed over the common PUD boundary regardless of ownership. Pursuant to Division 1.6 of the LDC, this interpretation has been sent to you via certified mail, return receipt requested. As this is a site-specific interpretation, all property owners within 300 feet of the subject property will be mailed notice of this interpretation and a notice of this interpretation and appeal time frames will be advertised in the Naples Daily News. Within 30 days of receipt of this letter, or within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which this interpretation has been rendered. An aggrieved or adversely affected party is defined as any person or group of persons, which will suffer an adverse effect to an interest, protected or furthered by the Collier County Growth Management Plan or the Land Developmgllj~.lt~syf~pr an April 27th, 2004 Page 16 of 75 Mr. D. Wayne Arnold, AICP Page 3 January 5, 2004 appeal must be filed in writing and must state the basis for the appeal and include any giertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $500.00 application and processing fee. If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. Sincerely, Susan Murray, AICP, Interim Director Department of Zoning and Land Development Review Cc: Collier County Board of Commissioners Jim Mudd, County Manager Joseph K. Schmitt, Administrator, Comm. Development & Env. Services Div. Michele R. Mosca, AICP, Principal Planner Alamar Smiley, Permitting Supervisor Marjorie M. Student, Assistant County Attorney Patrick G. White, Assistant County Attorney Agenda Item No. 7A April 27th, 2004 Page 17 of 75 ORDINANCE 2001- 0B AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9618N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED LIN-IT DEVELOPMENT KNOWN AS THE PINE RIDGE CENTER PUD, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD (C.R. 896) APPROXIMATELY 660 FEET WEST OF WHIPPOORWILL LANE, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; BY PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-31 AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover of Hoover Planning & Development, Inc., representing Peter and Mark Longo, petitioned the Board of County Commissioners to change the zoning classification of the herein described real properly. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: . . The Zoning Classification of the herein described real property located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 9618N, aa described in Ordinm,.ce Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TwO: Ordinance Number 98-31, known as the Pine Ridge Center PUD, adopte~i on April 28, 1998 by thc Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THRE ~.' This Ordinance shah become effea:tive upon filing with the Department of State. ~1- iNTP-Z003-AR-4888 3'90 7A PROJ~ ' DATE: 10-'~ 2~th' 2004 PINE RIDGE CENTER PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: PETER AND MARK LONGO CIO OHIO SEALANTS, INC. 7405 PRODUCTION DRIVE MENTOR, OHIO 44060 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT "A" July 24~ 2000 February 12, 2001 February 1~ 2001 February 27~ 2001... 2001- 08 Agenda Item No. 7A April 27th, 2004 Page 19 of 75 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I SECTION !1 SECTION III SECTION IV PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS COMMERCIAL AREAS PLAN DEVELOPMENT COMMITMENTS PAGE i ii 1 2 5 7 12 Agenda Item No. 7A April 27th, 2004 Page 20 of 75 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F LIST OF EXHIBITS PUD MASTER PLAN/WATER MANAGEMENT PLAN BOUNDARY SURVEY COMPOSITE MASTER PLAN PERMITTED BUILDING DESIGN PERMITTED BUILDING DESIGN PERMITTED BUILDING DESIGN Agenda Item No. 7A April 27th, 2004 Page 21 of 75 STATEMENT OF COMPLIANCE The development of approximately 8.73 acres of property in Collier County, as a Planned Unit Development (PUD) to be known as the Pine Ridge Center PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Pine Ridge Center PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the Interstate Activity Center Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element. The Future Land Use Element permits commercial land uses in this area. The subject property is located approximately 3/4 mile west of the intersection of 1-75 and Pine Ridge Road which makes it an integral and important part of the overall development of the southwest quadrant of the interstate land uses, as permitted by the Future Land Use Element. The subject property's location in relation to existing or proposed community facilities and services permits the Development's intensity of land uses as required in Objective 2 of the Future Land Use Element. The project Development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. The Project shall be in compliance with all applicable County regulations including the Growth Management Plan. Ail final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. Agenda Item No. 7A April 27th, 2004 Page 22 of 75 SECTION I 1.1 1.2 1.3 1.4 1.5 PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Pine Ridge Center PUD. LEGAL DESCRIPTION That portion of the East 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, lying south of Pine Ridge Road. PROPERTY OWNERSHIP The subject property is owned by: Peter Longo and Mark Longo c/o Ohio Sealants, Inc. 7405 Production Drive Mentor, Ohio 44060 GENERAL DESCRIPTION OF PROPERTY AREA Ao The subject property is located in the southwest quadrant of the intersection between Pine Ridge Road and Whippoorwill Lane, approximately 3/4 mile west of 1-75, in the unincorporated area of Collier County, Florida. The property is currently vacant. The entire Project site currently has PUD Zoning and is proposed to be rezoned to PUD. PHYSICAL DESCRIPTION The Project site is located within the 1-75 canal basin as shown on the Collier County Drainage Arias sheet A-27. Runoff from the site will flow easterly to the 1-75 canal system. The Project will be designed for a storm event of 3-day duration and 25-year return frequency as well as water quality in accordance with the Rules of South Florida Water Management District. 2 Agenda Item No. 7A April 27th, 2004 Page 23 of 75 1.6 1.7 Elevations of the property range from 10.0 feet NGVD to 12.0 feet NGVD. The site is within Flood Zone "X" per Flood Insurance Rate Map (FIRM Panel~120067 0425 D). The soil type of the subject site is shown as Oldsmar Fine Sand on the Collier County Soil Maps. The approximate northern half of the site has been previously farmed and is classified as Fallow Crop Land according to FLUCCS. The approximate southern half is pine/palmetto upland and is classified as Pine Flatwoods according to FLUCCS. PROJECT DESCRIPTION The Pine Ridge Center PUD will include a mixture of commercial and office uses. The Pine Ridge Center PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Master Plan is illustrated graphically on Exhibit "A," PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. SHARED FACILITIES For the purpose of achieving the most desirable and effective design of the subject property and providing the most efficient use of the land and the siting of buildings, controlling access and providing the greatest degree of compatibility with the surrounding lands, it is the intent of this PUD to share certain common facilities such as, but not limited to, a main access road easement, ingress and egress from Pine Ridge Road and water management with the property abutting to the east, known as the Pine Ridge Center PUD, and whose legal description is as follows: That portion of the East 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South Range 26 East, Collier County, Florida, lying south of Pine Ridge Road. This property is presently owned by Anthony F. Jancigar, Trustee, whose address is 7622 Pebble Creek Circle #204, Naples, Florida 34108. 3 Agenda Item No. 7A April 27th, 2004 Page 24 of 75 1.8 The sharing of these facilities does not limit, in any manner whatsoever, the right of each individual property owner to use, assign, lease or dispose of its individual property in a manner of its choosing subject to the limitations prescribed herein as conditions of this PUD approval by Collier County. SHORT TITLE This Ordinance shall be known and cited as the "Pine Ridge Center Planned Unit Development Ordinance." 4 Agenda Item No. 7A April 27th, 2004 Page 25 of 75 I SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 PURPOSE The purpose of this Section is to delineate and generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. GENERAL Regulations for development of the Pine Ridge Center PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of final local development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. All conditions imposed and graphic material presented depicting restrictions for the development of the Pine Ridge Center PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code at the earliest, or next to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this Development. 5 Agenda Item No. 7A April 27th, 2004 Page 26 of 75 2.3 2.4 2.5 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Ao The project Master Plan is illustrated graphically by Exhibit "A," PUD Master Plan. Minor modifications to Exhibit "A," may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific items shown in Exhibit "A," easements such as (utility, private, or semi-public) shall be established and/or vacated within or along the property as may be necessary. RELATED PROJECT PLAN APPROVAL REQUIREMENT,C; Exhibit "A," PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. 6 Agenda Item No. 7A April 27th, 2004 Page 27 of 75 SECTION III COMMERCIAL AREAS PLAN 3.1 3.2 3.3 PURPOSE The purpose of this Section is to identify specific development standards for Areas "A", "B", and "C" of the site as shown on Exhibit "A," PUD Master Plan. GENERAL DESCRIPTION Areas designated on the PUD Master Plan are intended to provide commercial land uses, especially those serving travelers, office, hospital, health service, and contractor uses. The 8.73-acre site is located in the southwest quadrant of the intersection between Pine Ridge Road and Whippoorwill Lane. It is also designated as being within an Interstate Activity Center on the Collier County Future Land Use Map. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Area "A" Permitted Principal Uses and Structures: 1. Open Space. 2. Stormwater Management Areas. B. Area "B" Permitted Principal Uses and Structures: All Permitted Principal Uses for Area "C" as described within this PUD Document. 2. Building Construction - General Contractors (groups 1521 - 1542). Building Materials, Hardware and Garden Supplies (group 5211 but only kitchen cabinets, doors, garage doors, windows, wood floodng, insulation material, and fencing, 5231 -5261). Construction - Special Trade Contractors (groups 1711 - 1731, 1741 except for concrete block laying contractors, 1742 except for drywall construction contractors and lathing contractors, 1743 - Agenda Item No. 7A April 27th, 2004 Page 28 of 75 II Co 1752, 1761 except for roof spraying, painting and coating contractors, and roofing work and repair contractors, 1793, 1796, 1799 but only awning and window shade installation contractors, caulking contractors, cleaning buildings contractors, counter top installation contractors, fence construction contractors, fireproofing buildings contractors, ornamental metalwork contractors, paint and wallpaper stripping and removal contractors, posthole digging contractors, steam cleaning of building exteriors contractors, tile wall and floor installation contractors, tinting glass contractors, and waterproofing contractors). Miscellaneous Repair (groups 7622 - 7641, 7699 but only bicycle repair, camera repair, lawnmower repair, locksmiths, medical/dental instrument repair, musical instrument repair, piano repair, saw/knife sharpening service, and custom picture framing). Any other commercial use or professional service use which is comparable in nature with the foregoing uses. Area "C" Permitted Principal Uses and Structures: 1. Apparel and Accessory stores (groups 5611 - 5699). 2. Auto Supply stores (group 5531). 3. Depository Institutions (groups 6021-6062). 4. Eating Places (group 5812). o Food Stores (groups 5411 groceries and supermarkets only, 5421 - 5499). 6. General Merchandise Stores (groups 5311 - 5399). 7. Health Services (groups 8011 - 8099). Home Furniture, Furnishings and Equipment Stores (groups 5712 - 5736). 9. Hotels and Motels (group 7011). 10. Insurance Agents, Brokers, and Services (group 6411). 8 Agenda Item No. 7A April 27th, 2004 Page 29 of 75 3.4 11. 12. 13. 14. 15. 16. 17. 18. 19. Legal Services (group 8111). Miscellaneous Retail (groups 5912 (Drug Stores), 5941 (Sporting Goods), 5942 (Book Stores), 5946 (Camera Stores), 5992 (Florists), 5995 (Optical Goods), 5999 (except auction rooms, monument and tombstone sales)). Paint, Glass, Wallpaper, Hardware, and Lawn and Garden Supply Stores (groups 5231 - 5261). Personal Services (group 7212 dry-cleaning and laundry pickup stations only, 7217, 7221 - 7261 except crematories, 7291). Professional Offices, Medical Offices, and Management Consulting Services (groups 8711 - 8748). Real Estate Agents and Managers (group 6531). Travel Agencies (group 4724). Video Tape Rental (group 7841). Any other commercial use or professional service use which is comparable in nature with the foregoing uses. Accessory Uses: Uses and structures that are accessory and incidental to the permitted uses within this PUD document. Drinking Places (group 5813, only in conjunction with Eating Places) Exterior speakers for drive-through facilities are permitted but exterior loud speakers and public address systems are prohibited. DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: 9 Agenda Item No. 7A April 27th, 2004 Page 30 of 75 Co Do Fo Go Seventy-five (75) feet. Minimum Yards: (1) Principal structures: (a) Front Yards - Twenty-five (25) feet. (b) All Yards Along Pine Ridge Road - Twenty-five (25) feet. (c) Side Yards - Ten (10) feet. (d) Side Yards external to the PUD - Fifteen (15) feet. (e) Rear Yards - Fifteen (15) feet. (2) Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. Maximum Hei,qht: Three (3) stories or forty (40) feet, whichever is more restrictive. Off-Street Parkin.q and Loadin.q Re(~uirements: (1) No vans or trucks rated over one (1) ton capacity shall be parked outside buildings housing contractor's offices or selling building materials except while engaged in loading or unloading activities. Contractor's offices shall be designed so that loading and unloading activities for vans and trucks rated over one (1) ton capacity shall only be minimally visible to off-site motorists and neighboring property owners. (2) As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Landscapinq and Bufferin,q Requirements: 10 Agenda Item No. 7A April 27th, 2004 Page 31 of 75 Jo Ko As required by Division 2.4 of the Land Development Code in effect at the time of building permit application. Signs: Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code. Distance Between Principal Structures: Ten (10) feet. Solid Waste: Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.9B. of this PUD Document. Liqhtin.q: Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding a height of twenty (20) feet shall be permitted. Lighting shall meet the architectural standards further described in Section 4.9B. of this PUD Document. Lighting shall be designed so that glare does not extend off-site onto adjacent properties. Architectural Buildin.q Desi.qn: (1) All principal buildings housing contractors' offices or selling building materials shall be architecturally designed to look similar to at least one of the buildings shown on Exhibits "D" to "F". (2) All building exteriors shall be finished in light or moderate colors except for decorative trim. (3) All exterior building walls shall be architecturally finished and metal exterior walls shall not be permitted. 11 Agenda Item No. 7A April 27th, 2004 Page 32 of 75 SECTION iV DEVELOPMENT COMMITMENTS 4.1 4.2 4.3 PURPOSE The purpose of this Section is to set forth the regulations for the development of this Project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans. Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically no,od or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee shall agree to follow the PUD Master Plan and the regulations of this PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the Developer is bound by the commitments within this Agreement. PUD MASTER PLAN Ao Exhibit "^," PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. Ail necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. 12 Agenda Item No. 7A April 27th, 2004 Page 33 of 75 4.4 4.5 4.6 4.7 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is proposed to be completed in several phases. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. Bo MonitorinR Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING A water management plan shall be submitted to include the location of the discharge control structure and a cross-section of the proposed perimeter berm. Bo If the property is subdivided into two (2) or more parcels, a plat shall be required. Co A shared access agreement shall be recorded prior to final construction plan approval. Do Work within the Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. WATER MANAGEMENT Ao A shared water management agreement shall be recorded prior to final construction plan approval. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. UTILITIES Ao County water service is available via a 12" water main located on the north side of Pine Ridge Road. The Developer is responsible to tap the main to provide both potable water and fire fighting capability to the site. An 8" minimum water main shall be required to serve the site, providing 13 Agenda item No. 7A April 27th, 2004 Page 34 of 75 4.8 calculations can show that a minimum of 750 GPM is available to serve the commercial activities on the furthest part of the property. Bo County sewer service is available via a 12" force main located on the south side of Pine Ridge Road. A minimum size line of 4" is required for the Water Sewer District acceptance. All facilities extended to the site and which lie in platted rights-of-way shall be owned and maintained by the Collier County Water/Sewer District. The facilities, whether owned by the District or privately owned, shall be reviewed and installed in accordance with the requirements of Collier County Ordinance No. 97-17 and all federal, state and other existing rules and regulations. TRAFFIC The proposed joint access road shall be privately maintained. The Developer shall establish a legal entity responsible for ali future maintenance as a condition of approval of this PUD. The County reserves the right to restrict and/or modify the location and use of median openings on Pine Ridge Road in accordance with Resolution 92-422, the Collier County Access Management Policy, as it may be amended from time to time, and in consideration of safety or operational concerns. Nothing in any development permit issued by the -County shall operate to vest any right to a median opening in this project, nor shall the County be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. Co Substantial competent evidence shall be provided by the Developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage from either project shall not be permitted to discharge directly into any roadway drainage system. Do An eastbound right turn lane serving the access roadway shall be provided prior to the issuance of any Certificate of Occupancy for the development. Eo Compensating right-of-way for turn lanes and median areas shall be dedicated by the Developer to reimburse the County for the use of 14 Agenda Item No. 7A April 27th, 2004 Page 35 of 75 4.9 Fo Go existing rights-of-way. Such dedication shall be considered site related and there shall be no road impact fee credit due the Developer. The County reserves the right to acquire right-of-way for the Pine Ridge Road six-lane project at a fixed cost for land and improvements without severance damages at the time needed. The basis of cost for any such acquisition shall be at the present market value based on the present zoning or on the applicant's cost to acquire the land, whichever is less. Any such right-of-way acquisition shall be made available to the County within 120 days of notification to either or both developers of the County's need for the land or at the time of filing for the first building permit for this site or the Pine Ridge Center West site, whichever comes first. Site specific road improvements required for this project, shall be in place prior to the issuance of any Certificates of Occupancy for development. Road impact fees shall be paid in accordance with Ordinance No. 2000- 56, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. Ail required improvements, excluding right-of-way donations for roadway segments specifically mentioned in the County's Five-Ten Year Work Plan, shall be considered "site related" as defined in Ordinance No. 2000- 56, as amended, the Collier County Road Impact Fee Ordinance, and shall not be eligible for credit toward any road impact fees required by that Ordinance. PLANNING A° Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified, and shall comply with the Architectural and Site Design Guidelines and Standards of the Land Development Code. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of' the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be 15 Agenda Item No. 7A April 27th, 2004 Page 36 of 75 4.10 submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. A common architectural theme for the entire project shall be designated at the time of site development plan submittal. ENVIRONMENTAL Ao A minimum of 1.31 acres of natural habitat areas shall be provided on- site, including both the under-story and the ground cover emphasizing the largest contiguous area possible. These natural habitat areas shall consist of at least 0.51 acre of native vegetation that is retained on-site as shown on the PUD Master Plan and up to .80 acre of native vegetation that is replanted elsewhere on-site, as described in Section 3.9.5.5.3 of the Land Development Code. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Fish & Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. 16 Agenda Item No. 7A April 27th, 2004 Page 37 of 75 Agenda Item No. 7A April 27th, 2004 Page 38 of 75 HATTOiV & ~'PENCER LEGAL DESCRIPTION ~ ....... .U~._~..N=RAN4~ 26 EAST CgU. JEII CCN~TY' ..~.~ ~ R~ H Ig' 33' 3~' G ~ T~--- C~R ~ T~ EAST ~ ~ T~ w~'~'~'~o' ~ 1~ E~sT ~m ~ T~ ~.~.~_T~ WEST ~ ~T ~ WAy L~ ~ ~ ~.~_1~ ~T~y ~o~ s-I~ ~cn~ o~504 ~ 5~[-~ STATE ~TSS~6~O . T · ~ T~ P0HT ~ ~ KE~T; T~E R~ N ' ' 24~ oS' E x ~TKE ~1~.~" ~' r ~ gO~ ISJ, IK~ T~- ~ ~AY LK ~ ~ ~C ~ S~ C~ ~ ~-~7~Y ~ T~ LK ~ ~ ~ ~ ~~Y ~T ~ WAy 323.l~ FEET TO T~ P~T ~ ~~ ~ tC~ E.73 A~S. ~ ~ LESg 3z~.;4, ( p j ¢'-(. aZ4,ZT' (r) ~ L. EG.qA. DGSC~TIOH BOUNDARY SURVEY t. _~:~n. .. ,,.. --, ,... .. .~'. ~b~ * - ~ ~ ~ ~--,,~,,- - ---, - ~- I ...... ~,-~,- A~~~ 7A ,$~.;.'~--,--,~pnl 27th, 2b .... 04'" "'~" '"""~ ' ' ~' ' ............. ~ 75 I Agenda Item No. 7A April 27th, 2004 Page 40 of 75 EXHIBIT D PERMITTED BUILDING DESIGN :~. 7A Page 41 of 75 EXHIBIT E PERMITTED BUILDING DESIGN 7A ~04 Page 42 of 75 PERMITTED BUILDING DESIGN 7A )04 Page 43 of 75 ,! PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, ::' .' DWIGHT~.E...BR~. K, .Clerk i . · '~. :. '::~. ':.: .: ! '. '~ .:...:<~:,,~-).'....' ' :- .:.'i' ',';' '.- .-: -' Al~provexl as to Form and Legal Sufficiency Marjori~-M. Studenl Assistani County Attorney G ~n/PUD-$6-22(2yRI~c ~, ,200l. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES ~.~ARTER, phD.,-C~'-A1RMAN This ordinance filed with the ~:retary of State's Office the &'~ doy ol ~, ~"~/. and ocks~owledgement o~f. that filing ~'eceived this/~-"~ clay -2- Agenda Item No. 7A April 27th; 2004 Page 44 of 75 ORDINANCE 2001- 09 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9618N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN'DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PINE RIDGE CENTER WEST PUD, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD (C.1L 896) APPROXIMATELY 660 FEET WEST OF WHIPPOORWILL LANE, lN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; BY PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-32 AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, William L. Hoover, of Hoover Planning & Development, Inc, representing Anthony F. Jancigar, Trustee, petitioned the Board of County Commissioners to change the zoning classificalion of the herein described real properly. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLL1ER COUNTY, FLORIDA, Ihat: SECTION ONE: The Zoning Classification of the herein described real property located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, is changed fi.om "PUD" to "PUD" Planned Unit D¢velopment in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 9618N, as d¢scribed in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 98-32, known as the Pine Ridge Center West PUD, adopted on April 28, 1998 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. This Ordinance shall become effective upon filing with the Depariment of State. -1- Agenda Item No. 7A April 27th, 2004 Page 45 of 75 PINE RIDGE CENTER WEST PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: ANTHONY F. JANCIGAR, TRUSTEE 7622 PEBBLE CREEK CIRCLE #204 NAPLES, FLORIDA 34108 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER July 24, 2000 February 12~ 2001 February 1, 2001 EXHIBIT "A" Agenda Item No. 7A April 27th, 2004 Page 46 of 75 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS PAGE i ii 1 2 5 7 12 Agenda Item No. 7A April 27th, 2004 Page 47 of 75 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F LIST OF EXHIBITS PUD MASTER PLAN/WATER MANAGEMENT PLAN BOUNDARY SURVEY COMPOSITE MASTER PLAN PERMITTED BUILDING DESIGN PERMITTED BUILDING DESIGN PERMITTED BUILDING DESIGN Agenda Item No. 7A April 27th, 2004 Page 48 of 75 STATEMENT OF COMPLIANCE The development of approximately 8.87 acres of property in Collier County, as a Planned Unit Development (PUD) to be known as the Pine Ridge Center West PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Pine Ridge Center West PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the Interstate Activity Center Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element. The Future Land Use Element permits commercial land uses in this area. The subject property is located approximately 3/4 mile west of the intersection of 1-75 and Pine Ridge Road which makes it an integral and important part of the overall development of the southwest quadrant of the interstate land uses, as permitted by the Future Land Use Element. The subject property's location in relation to existing or proposed community facilities and services permits the Development's intensity of land uses as required in Objective 2 of the Future Land Use Element. The project Development is compatible with and complementary to exi_sting and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. o The Project shall be in compliance with all applicable County regulations i'ncluding the Growth Management Plan. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. Agenda Item No. 7A April 27th, 2004 Page 49 of 75 1.1 1.2 1.3 1.4 1.5 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Pine Ridge Center West PUD. LEGAL DESCRIPTION That portion of the West 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, lying south of Pine Ridge Road. PROPERTY OWNERSHIP The subject property is owned by: Anthony F. Jancigar, Trustee 7622 Pebble Creek Circle #204 Naples, Florida 34108 GENERAL DESCRIPTION OF PROPERTY AREA ^. The subject property is located in the southwest quadrant of the intersection between Pine Ridge Road and Whippoorwill Lane, approximately 3/4 mile west of 1-75, in the unincorporated area of Collier County, Florida. B. The property is currently vacant. The entire Project site currently has PUD Zoning and is proposed to be rezoned to PUD. PHYSICAL DESCRIPTION The Project site is located within the 1-75 canal basin as shown on the Collier County Drainage Atlas sheet A-27. Runoff from the site will flow easterly to the 1-75 canal system. The Project will be designed for a storm event of 3-da~'i duration and 25-year return frequency as well as water quality in accordance with the Rules of South Florida Water Management District. 2 Agenda Item No. 7A April 27th, 2004 Page 50 of 75 1.6 Elevations of the property range from 10.0 feet NGVD tot 12.0 feet NGVD. The site is within Flood Zone "X" per Flood Insurance Rate Map (FIRM Panel#120067 0425 D). The soil type of the subject site is shown as Oidsmar Fine Sand on the Collier County Soil Maps. The approximate northern half of the site has been previously farmed and is classified as Fallow Crop Land according to FLUCCS. The' approximate southern half is pine/palmetto upland and is classified as Pine Flatwoods according to FLUCCS. PROJECT DESCRIPTION The Pine Ridge Center West PUD will include a mixture of commercial and office uses. The Pine Ridge Center West PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences'and buffers. The Master Plan is illustrated graphically on Exhibit "A," PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. SHARED FACILITIES For the purpose of achieving the most desirable and effective design of the subject property and providing the most efficient use of the land and the siting of buildings, controlling access and providing the greatest degree of compatibility with the surrounding lands, it is the intent of this PUD to share certain common facilities such as, but not limited to, a main access road easement, ingress and egress from Pine Ridge Road and water manag&ment with the property abutting to the east, known as the Pine Ridge Center PUD, and whose legal description is as follows: That portion of the East 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South Range 26 East, Collier County, Florida, lying south of Pine Ridge Road. This property is presently owned by Peter Longo and Mark Longo whose address is: c/o Ohio Sealants, 7405 Production Drive, Mentor, Ohio 44060. The sharing of these facilities does not limit, in any manner whatsoever, the right of each individual property owner to use, assign, lease or dispose of its Agenda Item No. 7A April 27th, 2004 Page 51 of 75 1.8 individual property in a manner of its choosing subject to the limitations prescribed herein as conditions of this PUD approval by Collier County. SHORT TITLE This Ordinance shall be known and cited as the "Pine Ridge Center West Planned Unit Development Ordinance." 4 Agenda Item No. 7A April 27th, 2004 Page 52 of 75 2.1 2.2 SECTION il PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. GENERAL Ao Regulations for development of the Pine Ridge Center West PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of final local development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. Bo Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. All conditions imposed and graphic material p~esented depicting restrictions for the development of the Pine Ridge Center West PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code at the earliest, or next to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this Development. 5 Agenda Item No. 7A April 27th, 2004 Page 53 of 75 2.3 2.4 2.5 DESCRIPTION OF PROJECT PLAN AND PROPOSED I,.AND USES The project Master Plan is illustrated graphically by Exhibit "A," PUD Master Plan. Bo Minor modifications to Exhibit "A," may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. In addition to the various areas and specific items shown in Exhibit "A," easements such as (utility, private, or semi-public) shall be established and/or vacated within or along the property as may be necessary. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A," PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time improvements regarding any dedications and the providing perpetual maintenance of common facilities. of infrastructure methodology for AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. 6 Agenda Item No. 7A April 27th, 2004 Page 54 of 75 SECTION III COMMERCIAL AREAS PLAN 3.1 3.2 3.3 PURPOSE The purpose of this Section is to identify specific development standards for Areas "A", "B", and "C" of the site as shown on Exhibit "A," PUD Master Plan. GENERAL DESCRIPTION Areas designated on the PUD Master Plan are intended to provide commercial land uses, especially those serving travelers, office, hospital, health service, and contractor uses. The 8.87-acre site is located in the southwest quadrant of the intersection between Pine Ridge Road and Whippoorwill Lane. It is also designated as being within an Interstate Activity Center on the Collier County Future Land Use Map. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Area "A" Permitted Principal Uses and Structures: 1. Open Space. 2. Stormwater Management Areas. B. Area "B" Permitted Principal Uses and Structures: All Permitted Principal Uses fOr Area "C" as described within this PUD Document. 2. Building Construction - General Contractors (groups 1521 - 1542). Building Materials, Hardware and Garden Supplies (group 5211 but only kitchen cabinets, doors, garage doors, windows, wood flooring, insulation material, and fencing, 5231 -5261). Construction - Special Trade Contractors (groups 1711 1731, 1741 except for concrete block laying contractors, 1742 except for drywall construction contractors and lathing contractors, 1743 - 7 Agenda Item No. 7A April 27th, 2004 Page 55 of 75 Co o 1752, 1761 except for roof spraying,, painting and coating contractors, and roofing work and repair..contractors, 1793, 1796, 1799 but only awning and window shade installation contractors, caulking contractors, cleaning buildings contractors, counter top installation contractors, fence construction contractors, fireproofing buildings contractors, ornamental metalwork contractors, paint and wallpaper stripping and removal contractors, posthole digging contractors, steam cleaning of building exteriors contractors, tile wall and floor installation contractors, tinting glass contractors, and waterproofing contractors). Miscellaneous Repair (groups 7622 - 7641, 7699 but only bicycle repair, camera repair, lawnmower repair, locksmiths, medical/dental instrument repair, musical instrument repair, piano repair, saw/knife sharpening service, and custom picture framing). Any other commercial use or professional service use which is comparable in nature with the foregoing uses. Area "C" Permitted Principal Uses and Structures: 1. Apparel and Accessory stores (groups 5611 - 5699). 2. Auto Supply stores (group 5531). o Depository Institutions (groups 6021-6062). Eating Places (group 5812). Food Stores (groups 5411 groceries and supermarkets only, 5421 - 5499). General Merchandise Stores (groups 5311 - 5399). Health Services (groups 8011 - 8099). Home Furniture, Furnishings and Equipment Stores (groups 5712 - 5736). Hotels and Motels (group 7011). Insurance Agents, Brokers, and Services (group 6411). 8 Agenda Item No. 7A April 27th, 2004 Page 56 of 75 3.4 11. 12. Legal Services (group 8111). Miscellaneous Retail (groups 5912 (Drug Stores), 5941 (Spoding Goods), 5942 (Book Stores), 5946 (Camera Stores), 5992 '(Florists), 5995 (Optical Goods), 5999 (except auction rooms, monument and tombstone sales)). 13. Paint, Glass, Wallpaper, Hardware, and Lawn and Garden Supply Stores (groups 5231 - 5261). 14. Personal Services (group 7212 dry-cleaning and laundry pickup stations only, 7217, 7221 -7261 except crematories, 7291). 15. Professional Offices, Medical Offices, and Management Consulting Services (groups 8711 - 8748). 16. Real Estate Agents and Managers (group 6531). 17. Travel Agencies (group 4724). 18. Video Tape Rental (group 7841). 19. Any other commercial use or professional service use which is comparable in nature with the foregoing uses. Accessory Uses: 1. Uses and structures that are accessory permitted uses within this PUD document. and incidental to the Drinking Places (group 5813, only in conjunction with Eating Places) Exterior speakers for drive-through facilities are permitted but exterior loud speakers and public address systems are prohibited. DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: 9 Agenda Item No. 7A April 27th, 2004 Page 57 of 75 Co Fo Seventy-five (75) feet. Minimum Yards: (1) (2) Principal structures: (a) Front Yards - Twenty-five (25) feet. (b) All Yards Along Pine Ridge Road - Twenty-five (25) feet. (c) Side Yards - Ten (10) feet. (d) Side Yards external to the PUD - Fifteen (15) feet. (e) Rear Yards - Fifteen (15) feet. Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. Maximum Heiqht: Three (3) stories or forty (40) feet, whichever is more restrictive. Off-Street Parkinq and Loacrinq Requirements: (1) No vans or trucks rated over one (1) ton capacity shall be parked outside buildings housing contractor's offices or selling building materials except while engaged in loading or unloading activities. Contractor's offices shall be designed so that loading and unloading activities for vans and trucks rated over one (1) ton capacity shall only be minimally visible to off-site motorists and neighboring property owners. (2) As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Landscaping and Bufferinq Requirements: 10 Agenda Item No. 7A April 27th, 2004 Page 58 of 75 Jo Ko Lo As required by Division 2.4 of the Land Development Code in effect at the time of building permit application. .. SiRns; Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code. Distance Between Principal Structures: Ten (10) feet. Solid Waste: Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry walI shall also meet the architectural standards further described in Section 4.9B. of this PUD Document. LiRhtin_q; Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding a height of twenty (20) feet shall be permitted. Lighting shall meet the architectural standards fudher described in Section 4.9B. of this PUD Document. Lighting shall be designed so that glare does not extend off-site onto adjacent properties. Architectural Buildin~ Design: (1) All principal buildings housing contractors' offices or selling building materials shall be architecturally designed to look similar to at least one of the buildings shown on Exhibits "D" to "F". (2) All building exteriors shall be finished in light or moderate colors except for decorative trim. (3) All exterior building walls shall be architecturally finished and metal exterior walls shall not be permitted. 11 Agenda Item No. 7A April 27th, 2004 Page 59 of 75 SECTION IV DEVELOPMENT COMMITMENTS 4.1 4.2 4.3 PURPOSE The purpose of this Section is to set fodh the regulations for the development of this Project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee shall agree to follow the PUD Master Plan and the regulations of this PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the Developer is bound by the commitments within this Agreement. PUD MASTER PLAN Exhibit "A," PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. 12 Agenda Item No. 7A April 27th, 2004 Page 60 of 75 4.4 4.5 4.6 4.7 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per Coun~ regulations in effect at time of site plan submittal. The project is proposed to be completed in several phases. Ao The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING A water management plan shall be submitted to include the location of the discharge control structure and a cross-section of the proposed perimeter berm. Bo If the property is subdivided into two (2) or more parcels, a plat shall be required. A shared access agreement shall be recorded prior to final construction plan approval. Work within the Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. WATER MANAGEMENT Ao A shared water management agreement shall be recorded prior to final construction plan approval. Bo In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. UTILITIES Ao County water service is available via a 12" water main located on the north side of Pine Ridge Road. The Developer is responsible to tap the main to provide both potable water and fire fighting capability to the site. An 8" minimum water main shall be required to serve the site, providing 13 Agenda Item No. 7A April 27th, 2004 Page 61 of 75 4.8 Bo Co calculations can show that a minimum of 750 GPM is available to serve the commercial activities on the furthest pad of the property. County sewer service is available via a 12" force main located on the south side of Pine Ridge Road. A minimum size line of 4" is required for the Water Sewer District acceptance. All facilities extended to the site and which lie in platted rights-of-way shall be owned and maintained by the Collier County Water/Sewer District. The facilities, whether owned by the District or privately owned, shall be reviewed and installed in accordance with the requirements of Collier County Ordinance No. 97-17 and all federal, state and other existing rules and regulations. TRAFFIC Ao The proposed joint access road shall be privately maintained. The Developer shall establish a legal entity responsible for all future maintenance as a condition of approval of this PUD. The County reserves the right to restrict and/or modify the location and use of median openings on Pine Ridge Road in accordance with Resolution 92-422, the Collier County Access Management Policy, as it may be amended from time to time, and in consideration of safety or operational concerns. Nothing in any development permit issued by the County shall operate to vest any right to a median opening in this project, nor shall the County be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. Substantial competent evidence shall be provided by the Developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage from either project shall not be permitted to discharge directly into any roadway drainage system. An eastbound right turn lane serving the access roadway shall be provided prior to the issuance of any Certificate of Occupancy for the development. - Eo Compensating right-of-way for turn lanes and median areas shall be dedicated by the Developer to reimburse the County for the use of 14 Agenda Item No. 7A April 27th, 2004 Page 62 of 75 4.9 existing rights-of-way. Such dedication shall be .considered site related and there shall be no road impact fee credit due the Developer. The County reserves the right to acquire right-of-way for the Pine Ridge Road six-lane project at a fixed cost for land and improvements without severance damages at the time needed. The basis of cost for any such acquisition shall be at the present market value based on the present zoning or on the applicant's cost to acquire the land, whichever is less. Any such right-of-way acquisition shall be made available to the County within 120 days of notification to either or both developers of the County's need for the land or at the time of filing for the first building permit for this site or the Pine Ridge Center West site, whichever comes first. Go Site specific road improvements required for this project, shall be in place prior to the issuance of any Certificates of Occupancy for development. Ho Road impact fees shall be paid in accordance with Ordinance No. 2000- 56, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. All required improvements, excluding right-of-way donations for roadway segments specifically mentioned in the County's Five-Ten Year Work Plan, shall be considered "site related" as defined in Ordinance No. 2000- 56, as amended, the Collier County Road Impact Fee Ordinance, and shall not be eligible for credit toward any road impact fees required by that Ordinance. PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of sit~ clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Bo All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified, and shall comply with the Architectural and Site Design Guidelines and Standards of the Land Development Code. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be 15 Agenda Item No. 7A April 27th, 2004 Page 63 of 75 4.10 submitted concurrent with the first application for .Site Development Plan approval demonstrating compliance with these., standards. A common architectural theme for the entire project shall be designated at the time of site development plan submittal. ENVIRONMENTAL A minimum of 1.33 acres of natural habitat areas shall be provided on- site, including both the under-story and the ground cover emphasizing the largest contiguous area possible. These natural habitat areas shall consist of at least 0.51 acres of native vegetation that is retained on-site as shown on the PUD Master Plan and up to .82 acres of native vegetation that is replanted elsewhere on-site, as described in Section 3.9.5.5.3 of the Land Development Code. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Fish & Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. 16 Agenda Item No. 7A April 27th, 2004 Page 64 of 75 Agenda Item No. 7A April 27th, 2004 Page 65 of 75 H;4TTOiV PNOF~$$ZOA~I4 LEGAL DESCR~TION 10~ d9 S~T~ ~n~ ~6 EAST. C~8 CO~TY .~G~ T~E ~ N 81' 33' 39' I ~0~ T~ L~ T~ ~T~ST V4 ~ SAG . F~ A ~TA~ ~ I~1d.73 K~ET T0 T~ ~I~ST ~T~AST ~d ~ 1~ ~T~ST ~4 ~ S~ ~ITAKE ~ I~ FE~T T0 A f0~T ~ T~ l~ ~ laY ~K ~ ff~ I~ 10~ IS~.e I~ A ~AD S-Il& SECT~ O~S04-~OO]. C~K~ C~TY. S ~' ~' ~S' I ~H a ~STK! ~ I?Of ~ FlIT ~ T~ ~ N lO' 34' 3~ I K~ A ~TA~E ~ 324~ 10 ~ N~ASl. IKSE AA~ P~T I~AlS L~ ~ ~ ~ ROAD. ~v~ A hA~ ~ SLO431 F~iT: 1~ n ClUt~ A~l ~ 02' 3? 35'. A~ ~IE~D BY A C~ ~T~I ~ 26&.~ F[GT. AT IE~ ~ N 85' 40' 29' w ~ ~ Aac ~T~E 261.01 FEET TO T~ Em ~ S~ ~vf. T~ ~T~ i.17 AC~S. ~ 04 r_~ ............ ~,4 ...................... 7A ~04 75' . April 27th, 2004 Page 67 of 75 EXHIBIT D PERMIT~D BUILDING DESIGN Agenda Item No. 7A April 27th, 2004 Page 68 of 75 EXHIBIT: E' .:~ ~'''~'~ ;'~;;!:: .... : PERMITTED BUILDING DESIGN 7A April 27th, 2004 Page 69 of 75 EXHIBIT F PERMI~D BUILDING DESIGN 7A April 27th, 2004 Page 70 of 75 .t PASSED AND DULY ADOPTED by thc Board of County Commissioners of Collier County, Florida,,hiszn~_~,~, dayof~.~.~"~.~A~. ,2001. ;"'..DWIGHT E~ I~ROCK, Clerk ~1 ~atu~-"~i~'l,l. Approved as to Form and Legal Sufficiency Marjc~¢ M. Student Assislant Counly Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ES hD CH A1RMAN This ordlnonce filed with the Secretary ot State's Oflice ~,"'~-~ day of"~ and oc~wledoemen~ filiD~ received lhis ~ ~y of ~, ~/,. . 0 jg6a/l~l, ll).ll. 11 (2yI~B/C'W Agenda Item No. 7A April 27th, 2004 Page 71 of 75 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITr, P.E. MICHAEL J. DELATE, P.E. NORMAN J. TREBILCOCK, A.I.C.P., P.E. MATI2IEW J. I-IERMANSON, P.E. October 13, 2003 D. WAYNE ARNOLD, A.I.C.P. ROBERT "BOB" THINNES, A.I.C.P. THOMAS J. GARRIS, P.S.M. STEPHEN V. BURGESS, P.S.M. MICHAEL L. HARMON, P.S.M. ALAN Vo ROSFaMAN Ms. Susan Murray, AICP Collier County Planning Services Director 2800 North Horseshoe Drive Naples, FL 34104 INTP-2003-AR.4888 PROJECT #19990239 DATE: 10/20/03 MICHELE MOSCA RE: Request for Formal Zoning Interpretation Dear Ms. Murray: We are the authorized representatives for the contract purchaser of properties located in Section 18, Township 49 South, Range 26 East, Collier County, Florida. The subject properties comprise two planned unit developments known as Pine Ridge Center PUD (Ordinance. No. 2001-08) and Pine Ridge Center West PUD (Ordinance. No. 2001-09). Both projects were approved by the Collier County Board of Commissioners on February 27, 2001. Although, the properties are under separate ownership, the PUD documents reflect nearly identical development standards, permitted uses and conceptual master plans. The Properties are contiguous. The conceptual master plan for each PUD demonstrates a common access way along their common property lines. For your reference, a copy of the respective PUD Ordinances have been provided with this request for formal interpretation. Purs .uont to Division 1.6 of the LDC, we are requesting a formal interpretation regarding permitted land uses and development standards within both the Pine Ridge Center and Pine Ridge Center west The subject PUD's are located within an Interchange Activity Center and were approved for a wide variety of land uses ranging from general office to heavy commercial uses. Each PUD identifies development areas, A, B and C. Area A is restricted to open space and water management uses, while Areas B and C permit commercial land uses. Section 3.3.B. of both Ordinances No. 2001-08 and 2001-09 permit general contractors (groups 1521-1542) and special trade contractors. Area "B" permitted uses and stmcm~s includes the following: 2. Building Construction - General Contractors (groups 1521-1542). (239) 947-1144 · FAX(239) 947-0375 · E-Maik engm' eering~gradym/~l~., .,~ta. Item No. 7A 3800 Via Del Rey · Bonita Springs, Florida 34134-7569 · EB/LB 0005151 [nrJ~pnl 27th, 2004 F:k,K)B~fl:*RDI[ZWAUS31013L.do~ Page 72 ~ Ms. Susan Murray, AICP Re: Request for Formal Zoning Interpretation October 13, 2003 Page 2 Construction - Special Trade Contractors (groups 1711-1731, 1741 except for concrete block laying contractors, 1742 except for drywall construction contractors and lathing contractors, 1743-1752, 1761 except for roof spraying, painting and coating contractors, and roofing work and repair contractors, 1793, 1796, 1799, but only awning and window shade installation contractors, caulking contractors, cleaning buildings contractors, 'counter top installation contractors, fence construction contractors, fire proofing buildings contractors, omamental metal work contractors... Any other commercial use or professional service use which is comparable in nature with the foregoing uses. Section 3.3.B.4 of both PUD Ordinances pexmits industry number 1761, roofing, siding and sheet metal work except for roof spraying, painting and coating contractors, and roofing work and repair contractors. Question 1 We are seeking clarification as to whether general painting contractors whom paint interiors and exteriors of residential and non-residential buildings are permitted within both PUD's. Our reading of both PUD Ordinances suggests that general painting contractors of residential and non-residential buildings are permitted under industry number 1721, which is a permitted use category under Section 3.3.B.4 of both PUD Ordinances. Please confirm that general painting contractors are permitted uses within both PUD's. This request for interpretation also seeks an official determination as to whether a use not specifically listed under Section 3.3 of each PUD, may be permitted within either the Pine Ridge Center of Pine Ridge Center West PUD. The particular use, indoor warehousing, self storage is not specifically referenced under Section 3.3.B. of either PUD. Question 2 Is indoor warehousing self storage similar and comparable to other permitted uses within the PUD and may therefore be deemed a permitted use? Section 3.3.B.6 of the PUD permits any other commercial use or professional service use which is comparable in nature with the foregoing uses. Many of the permitted land uses in both PUD's can be categorized as C-4 and C-5 type uses. The indoor self-storage land use (group 4225) is permitted as a conditional use in the C4 zoning district and as a permitted use in the C-5 zoning district. F:~JOB~J~RDI~WA~JS31013 L do~ Agenda Item No. 7A April 27th, 2004 Page 73 I II I Ms. Susan Murray, AICP Re: Request for Formal Zoning Interpretation October 13, 2003 Page 3 It is our opinion that the use of indoor self-storage can be deemed comparable to other uses permitted within the PUD's and in fact when comparison of vehicular trip generation rates is viewed, the indoor self storage use generates far fewer trips than is associated with other uses also permitted within the PUD's. A trip comparison to other permitted uses has been attached. No deviations from architectural requirements of the LDC have been approved in the PUD's and in fact, specific building design and lighting standards have been incorporated into both PUD's. The low intensity nature of the indoor self-storage facility is compatible with surrounding properties. Property immediately east is within the interchange activity center is zoned PUD and permits a wide variety of commercial land uses. Property to the south is zoned CF and is developed as Hospice of Naples, and is separated fi.om development areas on both PUD's by the open space and water management areas shown on the master plan. Property to the west is presently undeveloped and zoned Agriculture. It lies outside the activity center, but does qualify under the Growth Management Plan for up to 16 du/acres due to its location within a residential density band. To further confirm the compatibility of the indoor self-storage land use within the Interchange Activity Center Property, a similar facility was recently approved and is under construction immediately adjacent to single-family residential dwellings. This facility was permitted under the Office and Infill Commercial criteria found within the Future Land Use Element of the Growth Management Plan and is not within the more intensive Activity Center Land Use category. We are seeking the Planning Director's official determination as to whether another land use not specifically listed under Section 3.3 of each PUD may be deemed comparable in nature to other permitted uses and therefore permitted within the PUD's. Question 3 Is an automobile dealership (SIC # 5511) comparable to other permitted uses and thereby deemed a permitted use in each PUD. Our review of each PUD indicates that the predominant land uses are C-4 and C-5 type uses. Vehicle dealerships are permitted land uses within both the C-4 and C-5 zoning District. The property is located within an Interchange Activity Center. Limitations exist in each PUD which more than adequately address any compatibility issues associated with an automotive dealership use. Section 3.3.D.3 of each PUD prohibits the use of land speakers or public address systems. Section 3.4.k. prohibits pole lighting, but permits lampposts not exceeding 20' in height. Lighting may not extend onto adjacent properties. F:'OOB~°RDI~WAU S31013 L.doc Agenda Item No. 7A April 27th, 2004 Page 74 Ms. Susan Murray, AICP Re: Request for Formal Zoning Interpretation October 13, 2003 Page 4 Each PUD penn/ts a wide variety of more intensive retail uses, than automobile dealerships. We have prepared for your review, a trip generation comparison for a home improvement superstore, supermarket and automobile dealership. The peak hour trip generation rates for the proposed automobile dealership is about one-third of that for a home improvement superstore, and about one- fifth of the peak trips for a supermarket. Based on the location of the properties, their permitted uses, and development standards, we believe a positive determination can be made that automotive dealerships are comparable to other permitted uses and deemed permitted uses within the Pine Ridge Center and Pine Ridge Center West PUDs. Question 4 We seek the Planning Director's concurrence that under common ownership of both PUD's that a building may be constructed over the common PUD boundary. This request for interpretation also seeks confirmation of the permitted building setback from the common PUD and property boundary of the Pine Ridge Center PUD and Pine Ridge Center West PUD. In our Site Development Plan pre-application meeting, we proposed development of both PUD's as a unified single-ownership project wherein a building would be constructed over the common PUD boundary and property line. Both PUD documents indicate that the side yard from the extemal PUD boundary is fifteen (15) feet, however, staff present did acknowledge that where PUD's and conventionally zoned properties were under common ownership and like zoning, construction over the common PUD or zoning boundary had been permitted. This is consistent with our understanding of the application of minimum yard requirements where properties are commonly owned and developed. Staff did follow-up with a written confirmation indicating that in this situation, the proposed building could be constructed over the common lot line. We appreciate your timely review and response to the four areas of interpretation we are seeking in reference to the Pine Ridge Center and Pine Ridge Center West PUD's. Please contact either Richard L. Grant at (239) 514-1000 or me, if you have any questions or require additional information. Sincerely, D. Wayne Arnold, AICP Enclosure cc: Richard L. Grant, SIG Fred Pczeshka F:~IOB~KPRDD~WA~IS31013L.doc Agenda Item No. 7A April 27th, 2004 Page 75 of 75 KPRI)D i Executive Summary Public Hearing To Consider Adoption Of An Ordinance Establishing The Verona Walk Community Development District (CDD) Pursuant To Section 190.005, Florida Statutes. Ol~jective: The objective of thais public heating is for the Board to review and consider a petition for the establishment of the Verona Walk CDD by adoption of an ordinance. Considerations: On February 17, 2004, DiVosta Homes, L.P., filed a petition with Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division, for the establishment of the Verona Walk Community Development District. A mandatory $15,000 application fee was submitted with the petition. The proposed District is located entirely within Collier County, Florida. The proposed district covers 785+ acres of land. The site is located in portions of Sections 26 and 35, Township 50 South, Range 26 East. A map showing the location of the land area to be serviced by the District appears as Exhibit "1" to the petition. A metes and bounds description of the proposed CDD can be found in Exhibit "2" of the petition. The CDD includes a portion of a previously approved Planned Unit Development (P.U.D.) and Development of Regional Impact (DRI) known as "Winding Cypress." The proposed CDD includes an area planned for approximately 2,000 units and amenities on 785+ acres. As of March 21, 2004, the date of advertising for the establishment of this CDD, no P.U.D. amendment petitions for this project had been filed with Collier County. By adopting the ordinance and granting the petition the Board of County Commissioners would authorize the District, through its Board of Supervisors, to manage and finance certain basic infraslructure for the benefit of the landowners and residents of the Verona Walk Development. This infrastructure, under section 190.012(1), Florida Statutes, includes basic urban systems, facilities and services, including water supply, sewers and wastewater management, surface water control and management (drainage), and roads, bridges and street lights. If adopted, this ordinance would not constitute consent by the County to the further petition for the exercise of certain additional special powers authorized by Section 190.012(2), Florida Statutes. These powers may include the operation of parks and facilities for indoor and outdoor recreational, cultural, and educational uses, as well as security, including, but not limited to, guard-houses, fences and gates, electronic intrusion-detection systems, and patrol cars, with certain exceptions. In order to gain these additional powers, the newly created District Board would need to further petition the Board of County Commissioners at a later date. The District Board of Supervisors is initially elected for the fin:st six years of the duration of-this district in a property-based election (one-acre, one-vote), which has been specifically ruled constitutional (State of Florida v. Frontier Acres Community Development Dist., 472 So. 2d 455 Agenda Item No. 8A April 27th, 2004 Page I of 119 (Fla. 1985)). By operation of law, in time, the Supervisors are elected on a one-person, one-vote basis. In order to provide the basic systems, facilities and services, the District has certain management and financing powers. It may only exercise those powers, however, if they comply with certain strict and detailed procedural requirements including ethics in government, disclosure, conflict of interest requirements, noticed meetings, government-in-the-sunshine conduct, accounting and reporting requirements to various local and state agencies, consultants' competitive negotiation procedures, competitive bidding procedures and others. The adoption of the CDD ordinance does not constitute a form of development approval. Adoption of the CDD and compliance with these many procedural requirements, does not, in any way, allow the District to manage and finance any of these services and facilities without a showing that all legitimate policies, constraints, authorities, controls, permits or conditions on the development of the land, whether local, regional, state or federal in nature, and whether in the form of policies, laws, rules, regulations or ordinances, have been complied with concerning development of the property. In essence, adoption of the CDD ordinance does not exempt the petitioner from compliance with any applicable local, regional, state or federal permitting or regulatory processes. In this sense, the Community Development District is merely a mechanism to assure the county and the landowners of the district that the provision of infrastructure and services for the P.U.D. is managed and f'manced in an efficient and economical way. Finally, in order to prevent potential abuses of districts by landowners or by other local governments, the Legislature has provided that the charter of the district, in the general statute itself, may be amended only by the Legislature. In order to provide these systems, facilities and services, the District also is given certain eminent domain powers, within tight constraints, as well as the authority to require service charges, fees or taxes for the various services rendered, ranging from installation of capital facilities to long-term maintenance and repair. Without the County's consent by resolution the aforementioned eminent domain power is limited to the boundaries of the District. The District may also issue revenue and other user bonds as well as general obligation bonds. However, no general obligation bonds can be issued without a referendum and without a showing that the bond will not exceed 35 percent of the assessed valuation of the. property within the District. Even with these safeguards and constraints, during the first six years of the District's existence, the board of supervisors shall not issue general obligation bonds unless the board first holds elections on a one-person, one-vote basis for a new board of supervisors. Accordingly, if Collier County adopts the ordinance, then it establishes the Verona Walk Community Development District, as a management tool to benefit both Collier County's existing and future landowners with pinpointed responsibility for timely, efficient, reliable and flexible service provision without burdening the existing taxpayers and f'mancial structure of Collier County. In addition, the District is also a financing tool, off the balance sheet of the County and the developer. It will provide long-range and sustained quality service to initial and subsequent landowners without burdening Collier County and its taxpayers. 2 Agenda Item No. 8A April 27th, 2004 Page 2 of 119 Finally, such a District may not outlive its practical utility and usefulness. If it ceases to function it will automatically be disbanded by state law. If at any time during its existence Collier County determines by a non-emergency ordinance that it can provide any one of the district services in a more economical manner, over the long term, at lower cost but with higher quality, Collier County may then take that service away from the district and provide the service itself. Section 190.005, Florida Statutes provides that the exclusive and uniform method for establishment of a CDD of less than 1,000 acres shall be by county ordinance. Section 190.005, Fl,,,Ada Statutes outlines the specific content required in the petition and further outlines six (6) t'actors for the Board of County Commissioners to consider in determining whether to grant or deny a petition for the establishment of a CDD, as follows: o o Whether all statements contained within the petition have been found to be true and correct. Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. Whether the area that will be served by the district is amenable to separate special-district government. County legal, planning, transportation and public works staffs have reviewed the petition and exhibits submitted by the petitioners (attached) relative to these six (6) factors and have found the proposed Verona Walk CDD petiti6n to be compliant with each of the six (6) review factors. Staff analysis relative to the six factors can be found in Attachment 2. FISCAL IMPACT: As previously noted, a $15,000 filing fee was submitted with the petition. Exhibit "7" of the petition, "Statement Of Estimated Regulatory Costs For Verona Walk Community Development District" delineates the fiscal impacts and timing of impacts to be managed by the district. It is noteworthy that the estimated internal infrastructure and services to be financed by the CDD is $33,405,000, consisting of roadway and utilities construction, earthwork and construction of the water management system, and design and permitting work. Utilities will eventually be turned over to Collier County. Agenda Item No. 8A April 27th, 2004 Page 3 of 119 DISTRICT RESPONSIBILITIES: According to the petition, the Verona Walk Community Development District, if the ordinance is adopted, will assume responsibility for the following: (1) General development of the approved uses within the District; (2) (3) (4) (5) (6) (7) (8) (9) Roadways; Street Lights; Stormwater Management; Water & Sewer Utilities; Earthwork and Land Clearing for development; Landscaping; Wetland Permitting & Mitigation; and Other matters related to the above tasks. GROWTH MANAGEMENT IMPACT: The 785± acres of the Verona Walk CDD lies within the Urban Residential Fringe Sub-district designation on the Collier County Future Land Use Map. Although the establishment of this district does not constitute any development approval, the plan of development previously approved for the subject property has been determined to be consistent with the Collier County Growth Management Plan (GMP). Accordingly, any future petitions for rezone or development permits will be subsequently reviewed at the time of submittal, and will be subject to the requirements and limitations specified in the Collier County Land Development Code (LDC), and will be required to be consistent with the GMP in effect at that time. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt and enact the proposed ordinance establishing the Verona Walk Community Development District. Attachments: 1) 2) 3) 4) General CDD Information Staff Analysis Of The Six CDD Factors Draft Ordinance with Exhibit A CDD Petition & Exhibits Verona Walk Executive Summm3'/gh 4 Agenda Item No. 8A April 27th, 2004 Page 4 of 119 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8A This item was continued from the April 13, 2004 BCC Hearing. Public Hearing to consider adoption of an Ordinance establishing the VeronaWalk Community Development District (CDD) pursuant to section 190.055, F.S. 4/27/2004 9:00:00 AM Frepared By Glenn Heath Community Development & Environmental Services Principal Planner Comprehensive Planning Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/20/2004 1:55 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 412012004 5:05 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 412012004 5:43 PM Approved By Stan Litsinger Community Development & Environmental Services Comprehensive Planning Director Comprehensive Planning Date 4/5/2004 2:38 PM Approved By Patrick G. White County Manager's Office Assistant County Attorney County Attorney Office Date 4/5/2004 5:14 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/5t2004 7:44 PM Agenda Item No. 8A April 27th, 2004 Page 5 of 119 ORDINANCE NO. 04- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ESTABLISHING THE VERONA WALK COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; NAMING THE DISTRICT; PROVIDING STATUTORY PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR CONFLICT AND SEVERABIL1TY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, DiVosta Homes L.P., a Delaxvare Limited Partnership, has petitioned the Board of County Commissioners (Board) of Collier County, Florida, a political subdivision of the State of Florida, to establish the VERONA WALK COMMUNITY DEVELOPMENT DISTRICT (District); and WHEREAS, the Board of County Commissioners, after proper published notice has conducted a public hearing on the petition and determined the following with respect to the factors to be considered in Section 190.005(1)(e), as required by Section 190.005(2)(c), Florida Statutes: The petition is complete in that it meets the requirements of Sections 190.005 (l)(e) 2., and 190.005(2)(a), Florida Statutes; and all statements contained within the petition are true and correct. Establishment of the proposed District is not inconsistent with any applicable element or portion of the local comprehensive plan of Collier County, known as the Collier County Growth Management Plan, or the State Comprehensive Plan. The area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. The District is the best alternative available for delivering community development services and facilities to the area that will be serviced by the District. The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. The area that will be served by the District is amenable to separate special-district government; and WHEREAS, it is the policy of this State, as provided for in Section 190.002 (2) (c), Florida Statutes, that the exercise by any independent district of its powers as set forth by uniform general law comply with all applicable governmental laws, rules, regulations, and policies governing planning and permitting of the development to be serviced by the district, to ensure that neither the establishment nor operation of such district is a development order under chapter 380 and that the district so established does not have any zoning or permitting powers governing development; and WHEREAS, Section 190.004 (3), Florida Statutes, provides that all governmental planning, environmental, and land development laws, regulations, and ordinances apply to all development of the land within a community development district. Community development districts do not have the power of a local government to adopt a comprehensive plan, building code, or land development code, as those terms are defined in the Local Government Comprehensive Planning and Land Development Regulation Act. A district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government; and Agenda Item No. 8A April 27th, 2004 Page 6 of 119 WHEREAS, pursuant to Section 190.012, Florida Statutes, upon the establishment of the proposed community development district, the District Board of Supervisors will have the right to seek consent from Collier County for the grant of authority to exercise special po~vers without question as to the continued right authority and power to exercise its limited powers as established by this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AUTHORITY FOR ORDINANCE This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and other applicable provisions of law governing county ordinances. SECTION TWO: ESTABLISHMENT OF THE VERONA WALK COMMUNITY DEVELOPMENT DISTRICT. The Verona Walk Community Development District is hereby established within the boundaries of the real property described in Exhibit "A" attached hereto and incorporated by reference herein. SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS The following five persons are herewith designated to be the initial members of the Board of Supervisors: 1. Mike Rosen 3. JeffMurray 270 Tradewinds Avenue 2384 Leafshine Lane Naples, FL 34108 Naples, FL 34119 2. Chris Schmitz 4. Al Primevera 541 Rookery Place 1009 Nottingham Drive Jupiter, FL 33458 Naples, FL 34109 Reid Schermer 6052 Toxvncenter Circle Naples, FL 34119 SECTION FOUR: DISTRICT NAME The community development district herein established shall henceforth be known as the "Verona Walk Community Development District." SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT The Verona Walk Community Development District shall be governed by the provisions of Chapter 190, Florida Statutes, and all other applicable general and local law. SECTION SIX: CONSENT TO SPECIAL POWERS: Upon the effective date of this Ordinance, the Verona Walk Community Development District will be duly and legally authorized to exist and exercise all of its general and special powers as limited by law; and has the right to seek consent from the Collier County Board of County Commissioners for the grant of authority to exercise special powers in accordance with Section 190.012(2), Florida Statutes, without question as to the district's continued right, authority and power to exercise its limited powers as established by this Ordinance. The District Board's authority to exercise special powers may include the power to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for: (i) parks and facilities for indoor and outdoor recreational, cultural, and educational uses; and (ii) security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate Agenda Item No. 8A April 27th, 2004 2 Page 7 of 119 local gene~al-pu~os= government agencies for an increased level of such services within Dislfict boundaries; all as authorized and described by Section 190.012 (2), Florida Slamtes. SECTION SEVF. N: CONFLICT AND SEVERAB1LITY In the event this OrdLuance couflicts with any other ordiuance of Collier County or other applicable law, the more w. su'ictive shall apply. If any phras= or portion of this Ordinunce is held invniid or unconstitutional by any court of cempetent jufiadiction, such po~on shall be deemed a separate, distinct, and independent provision and such holding shall no! affect the validity of the SECTION EIGI-fl': INCLUSION IN CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a pn~t of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances tony be renumbered or ri:lettered to accomplish such, and the word "ordinunce" may be ctumged to "section," "article," or any other appropriate word. SECTION NINE: EFIi~CTI¥~ DATE: This Ordinance shall become effective upon filing with the Florida Depa~ment of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, fids 13~' day of April, 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK Deputy Clerk BY: DONNA FIALA, CHAIRMAN Approved as to form ~e~g~ sufficiency: Assistant Count,/Attorney Otl/mir~;'~omp plan/ORD. Agenda Item No. 8A April 27th, 2004 Page 8 of 119 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PROPOSED ORDINANCE PURSUANT TO SECTION 190.005(2), FLORIDA STATUTES TO ESTABLISH ON PROPERTY PROPOSED IN THE PETITION THE VERONA WALK COMMUNITY DEVELOPMENT DISTRICT: / PETITION FOR ESTABLISHMENT BY COUNTY ORDINANCE OF A COMMUNITY DEVELOPMENT DISTRICT ON PROPERTY PROPOSED IN THE PETITION Petitioner, DiVOSTA HOMES, L.P., a Delaware Limited Partnership, by and through its undersigned attorney, petitions the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (the "Commission"), to adopt an ordinance: establishing, on the proposed property, and recognizing, the community development district ("District") created and chartered by Uniform General Law, the Uniform Community Development District Act of Florida, chapter 190, FS., (2003 and hereafter); acknowledging the uniform district charter expressed in Sections 190.006-190.041, Florida Statutes (FS.), and as referenced by section 190.004(4), FS., and section 189.4031(2), FS.; establishing on the property proposed in this petition the District and designating the initial district Board of Supervisors; and, designating the proposed land area within the District may manage and finance its basic infrastructure, systems, facilities, services, improvements and projects. In support whereof Petitioner submits: 1. Petitioner, DiVosta Homes, L.P., is a Delaware Limited Partnership, its principal place of business at Cambridge Square Office Park, 3459 Pine Ridge Road, Naples, FL 34109., and Michael D. Rosen is vice president. Agenda Item No. 8A April 27th, 2004 Page 9 of 119 2. The land area to be serviced by the District is located wholly in unincorporated Collier County. The land area is bounded on the north by Sabal Palm Road; the east by undeveloped land; the-south by Winding Cypress DRI; and, on the west by County Road 951 and Collier Boulevard, and comprises approximately 785 contiguous acres, more or less. A map showing the location of the land area proposed to be serviced by the District is attached as Exhibit "1". 3. A metes and bounds legal description of the proposed external boundaries of the District is attached as Exhibit "2". There is no real property within the proposedboundaries of the District which is to be excluded from the jurisdiction of the District. 4. Attached as Exhibit "3" is documentation constituting written consent to the establishment of the District by the owners of one hundred percent (100%) of the real property to be included in the land area proposed to be serviced by the District. 5. The five (5) persons designated to serve as the initial members of the Board of Supervisors of the District, who are citizens of the United States residents of the State of Florida and who shall serve in that office until replaced by elected members as provided in section 190.006, FS., are: (I) Mike Rosen (2) Vice President, Business Unit Mgr. 270 Tradewinds Avenue Naples, FL 34108 (3) JeffMurray (4) Development Manager 2384 Leafshine Lane Naples, FL 34119 (5) Reid Schermer Planning Analyst 6052 Towncenter Circle Naples, FL 34119 2 Chris Schmitz Director of Finance 541 Rookery Place Jupiter, FL 33458 A1 Primevera Sales Manager 1009 Nottingham Drive Naples,FL 34109 Agenda Item No. 8A April 27th, 2004 Page 10 of 119 District." 7. The proposed name of the District is the "Verona Walk Community Development A map of the land area proposed for the establishment by ordinance of the sta/e created and chartered District, showing current major tnmk water mains, sewer interceptors, utilities and outfalls, if any, is attached as Exhibit "4". 8. The proposed timetable and the estimated related costs of construction and provision of District systems, facilities and services which are contemplated by Petitioner to be proposed to the District Board of Supervisors, if the District is established, and based upon available data which are subject to change, is attached as Exhibit "5". 9. Collier County ("County") has adopted all mandatory elements of its Local Govemment Comprehensive Plan ("Plan") in accordance with requirements of chapter 163, FS., and Collier County has completed its revised plan for minimum criterion review pursuant to chapter 9J-5, Florida Administrative Code, by adoption of County Ordinance No. 2000-25 ("2000 Plan"), as amended. County Ordinance No. 2000-25 and all amendments as enacted designates the legal description of the land area proposed to be served by the District as "Urban Residential Fringe SubdisWict. Attached as Exhibit "6-A" is a copy of the suburban designation as set forth in the text of the Future Land Use Element of the 2000 Plan. Attached as Exhibit "6-B" is a copy of the Future Land Use map showing the future general distribution, location and extent of public and private uses of land contemplated by the local government comprehensive plan of Collier County for the land area proposed to be serviced by the District. Additionally, a copy of the entire 2000 Plan, as amended, has been placed on file with the staffofthe Commission for its review and consideration. Exhibit "6-C" is a copy of a letter from the Florida Department of Community Affairs reflecting that the 3 Agenda Item No. 8A April 27th, 2004 Page 11 of 119 2000 Plan is in compliance. 10. A Statement of Estimated Regulatory Costs ("SERC") of the Commission's granting this Petition, 'and the establishment on the property proposed in the petition by County Comtnission ordinance of the state uniform and exclusive created and chartered District pursuant thereto, in accordance and in compliance with sections 190.005(1)(a)(8) and 120.541, FS., is attached as Exhibit "7". 11. Petitioner attaches, as Exhibit "8" to this Petition, discussions by qualified engineers and planners providing information for use by the Collier County and its staff in consideration of the six factors for establishment of the District on the proposed property, and in support of the Commission granting this Petition, and as additional materials in support of the statements in this Petition, alleges (with the sequence discussed logically with factor No. 4 considered last): A. The Petition hereby affirms that all of the statements contained herein are true and correct, in compliance with sections 190.005(2)(a), FS., 190.005(1)(e)1., FS. (See Exhibit "8"). B. As according to the Future Land Use element of the Plan, the future land use designation for the land area proposed to be included in the District is "Urban Residential Fringe Subdistrict". (See Exhibit "8"). The-District, if established on the proposed property, would not be inconsistent (and in fact, is consistent) with the policies under the future land use Urban Residential Fringe Subdistrict category of the Plan. For a further discussion on these matters and related applicable Plan matters and also the State comPrehensive Plan, please reference Exhibit "8". See s. 190.005(2)(a), FS., 190.005(1)(e)2., F.S. C. The land area proposed to be included within the state-created and chartered District is comprised of approximately 785 contiguous acres which are of sufficient size, sufficiently compact and contiguous sufficiently to be developable as one functional, interrelated community 4 Agenda Item No. 8A April 27th, 2004 Page 12 of 119 as discussed in Exhibit "8". See s. 190.005(2)(a), FS., 190.005(1)(e)3., FS. D. The community development systems, facilities and services to be provided by the District on the proposed property will supplement, and will not in any way be incompatible with, existing roads and other local and regional community development systems, facilities and services on the'proposed property. This matter is described further in Exhibit "8". See s. 190.005(2)(a), FS., 190.005(1)(e)5., FS. E. The area proposed to be served by the District is amenable to separate special district government in the light of the information to be considered regarding the other factors. This matter is described further in Exhibit "8". See s. 190.005(2)(a), FS., 190.005(1)(e)6, F.S. F. Because the information in the Petition is true and correct; because establishment is not inconsistent with applicable local or state comprehensive plans; because the land area is of sufficient size and compactness, and is contiguous sufficiently, to be developable as one functional interrelated community; because the systems, facilities a~d services of the District will not be incompatible with the capacity and uses of existing local and regional community development systems, facilities and services; because the land area proposed to be served by the District is amenable to separate special district government; and because, if established on the proposed property, following the procedures in s. 190.005(2), F.S., the District will constitute under s. 190.002(1)(b), F.S. a mechanism for timely, efficient, effective, responsive and economic delivery of its systems, facilities and services; the District is, therefore, the best alternative available for delivering these systems, facilities and services to the proposed property in light of the services, systems and facilities which would be provided otherwise as discussed in more detail in Exhibit "8". See s. 190.005(2)(a), FS., 190.005(1)(e)4, F.S. 12. Petitioner acknowledges certain legal and policy points regarding the Collier County 5 Agenda Item No. 8A April 27th, 2004 Page 13 of 119 Water-Sewer District and related matters, as set forth in the official Acknowledgment attached to the Petition as Exhibit "9", and incorporated herein. Petitioner contemplates a petition by the District, once established, to obtain consent of the Commission as provided by Section 190.012(2), Florida Statutes, to exercise some or all the powers provided therein. WHEREFORE, Petitioner requests respectfully the Commission to: A. Direct its staff to notice, as soon as practicable, a local, public, non-emergency and information-gathering ordinance hearing pursuant to the requirements of section 190.005(2)(c), FS., on the subject of whether to grant this Petition for the establishment on the proposed land area of the state chartered and created Verona Walk Community Development District and to enact the ordinance establishing the District on the proposed property. B. Grant this Petition and adopt the ordinance to establish the District in conformity herewith: to designate in the ordinance the land area to be served by the District, the name of the District and the initial members of the Board of Supervisors of the District and to recognize in the ordinance, by statutory citation, that the uniform and exclusive general law charter of the District was created by the Flor/da Legislature in section 190.006-190.041, FS., as confirmed in section 190.004(4), FS., and confirmed further in section 189.4031(2), FS. Recognize the impending Petition from the District, if established, for consent .by the Commission to exercise certain enumerated special powers granted to the District by its exclusive uniform charter under section 190.012(2), FS., and that such potential exercise has been reviewed and assessed to the date of the ordinance. Providing finally that with regard to any future specific consent by the county to the exercise by the District of any of such special granted powers in its general law charter, the legal existence and authority of the District, as created by state law and as established on the proposed property by this ordinance, shall have been decided upon establishment. 6 Agenda Item No. 8A · April 27th, 2004 Page 14 of 119 RESPECTFULLY SUBMITTED this Vi'ce President DiVosta Homes, L:P. Cambridge Square Office Park 3459 Pine Ridge Road Naples, FL 34109 Telephone: (239) 594-7400 ?,~ '~day of Febr~~ //~ttomey for PetiO6ner ! Young van Assenderp, P.A. 225 S. Adams Street, Suite 200 Tallahassee, FL 32301 Telephone: (850) 222-7206 K 'U~ers\Kfi~Idcn',DIVOSTA\VliRONA WALK\Petition for Establishment by County Ordinance ofa District.wpd 7 Agenda Item No. 8A April 27th, 2004 Page 15 of 119 LOCATION MAP GRAND LELY DRIVE FREEDOM SOUN~E EAGLE CREEK PLAZA AGRICULTURAL AGRICULTURAL BOUNDARY FUTURE WINDING CYPRESS DEVELOPMENT VERONAWALK CDD EXHIBIT 1 - LOCATION MAP WilsdnMiller ~ AImk~. F-orr/,,~ · ~. BTdengm. Tang~ f 4 4 ~50~-02 WiisdnMiller' EXHIBIT Description of part of Sections 26, 34 and 35, Township 50 South, Range 26 East, Collier County, Florida (VeronaWalk Community Development District) All that part of Sections 26, 34 and 35, Township 50 South, Range 26 East; Collier County; F~(Orida, being more particularly descn'oed as follows; C(~mmencing at the northeast comer of said Section 26; Thence along the east line of said Section 26 South 00°14'00' East 30.00 feet to the Point of Beginning of the parcel herein described; Thence continue along said line South 00'14'00" East 2606.72 feet to the east % comer of said Section 26; Thence continue along said line South 00°14'36' East 1614.70 feet; Thence leaving said section, line South 64'48'50' West 219.05 feet; Thence southwesterly, 254.56 feet along the arc of a non-tangential circular curve concave to the northwest, having a radius of 730.00 feet; through a central angle of 19°58'46- and being subtended by a chord which bears South 50°41'35' West 253.27 feet; Thence South 60°40'58- West 1167.94 feet; Thence southwesterly, 290.77 feet along the arc of a circular curve concave to the northwest, having a radius of 1060.00 feet, through a central angle of 15°43'01- and being subtended by a chord which beam South 68°32'29" West 289.86 feet; Thence South 76°23'59" West 239.18 feet; Thence southwesterly, 186.65 feet along the arc'of a circular curve concave to the southeast, having a radius of 440.00 feet, through a central angle of 24°18'20' and being subtended by a chord which beam South 64°14'49" West 185.26 feet; Thence South 12o46'30- West 260.99 feet; Thence South 23°07'39- West 19.91 feet; Thence South 41°44'40' West 398.87 feet; Thence North 61 °26'28' West 229.89 feet; Thence southwest·dy, 368.63 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2079.99 feet, through a central angle of 10°09'16' and being subtended by a chord which beam South 41°09'32' West 368.15 feet to a point of compound curvature; Thence southwesterly, 289.24 feet along the arc of a circular curve concave to the southeast, having a radius of 1907.24 feet, through a central angle of 08°41'21' and being subtended by a chord which bears South 31 °24'42' West 288.96 feet; Thence SoUth 27°08'26- West 37.52 feet; Thence South 86°58'08' East 188.17 feet; Thence South 24°44'59" East 97.63 feet; Thence south 27°07'58- West 159.97 feet; Then.ce South 74°02'37' West 249.39 feet; Thence South 79'03'56' West 20.96 feet; Thence south 27'08'26' West 303.10 feet; Thence South 59"24'24' West 11.32 feet; Thence South 76025'50TM West 58.00 feet; Thence South 27008'26" West 565.60 feet; Thence southwesterly and westerly, 425.33 feet along the arc of a circular curve concave to the northwest; having a radius of 360.00 feet, through a central angle of 67°41'38' and being subtended by a chord which beam South 60°59'15' West 401.02 feet to a point of reverse curvature; Thence southwesterly, 134.28 feet along the arc of a circular curve concave to the southeast, having a radius of 240.00 feet, through a central angle of 32'03'24' and being subtended by a chord which beam South 78°48'22- West 132.53 feet; A(~enda Item No. 8A · Fort Myers · SaTes,fa . Tampa · Panama City 3200 Bailey Lane, Suite 200 · Naples, R°rk~ 34105 · 239~°49'4040 ~ 239~43-571ei~ge 17 of 1 19 www. wllsomnl lMr. (~ln WIl$onM#lzr, lnc. ~ FL LIG. d LC-CO00ITO CA 43 WilsdnMiller* New Directions In Planning, Design & Enginee#ng Description of part of Sections 26, 34 and 35, Township 50 South, Range 26 East, Collier County, Florida (VeronaWalk Community Development District) Continued: Thence South 00°37'53- West 151.97 feet; Thence North 89022'07- West 110.00 feet' Thence South 63°27'56" West 783.22 feet; Thence South 71°25'27" West 507.06 feet to a point lying 60 feet east of the west line of said Section 35; Thence along said line North 00°50'06" East 474.23 feet; Thence continue along said line North 00°52'55" East 2619.36 feeti Thence South 89°33'56- East 40.00 feet to a point lying 100 feet east of the west line of said Section 26; Thence along said line North 00°50'24" East 2633.11 feet; Thence continue along said line North 00°50'18- East 2604.58 feet to a point lying 30 feet south of the north line of said SectiOn 26; Thence along said line, South 89°37'03- East 2541.99; Thence continue along said line South 89°37'26- East 2642.08 feet to the Point of Beginning of the parcel herein described; Containing 754.3 acres more or less ALONG WITH Commencing at the northeast comer of said Section 34; Thence along the east line of said Section 34 South 00°52'55" West 674.12 feet; Thence leaving said section line North 89°07'05- West 40.00 feet to the Point of Beginning of the parcel herein described; Thence South 00°52'55" West 1110.23 feet to a point on the north line of that land recorded in Official Record Book 1970, page 1667 Public Records of Collier County, Florida; Thence along said line North 89007'05- West 539.68 feet; Thence leaving said line North 35°39'05" East 175.97 feet; Thence northeasterly 1066.66 feet along the arc of a tangential circular curve concave to the northwest having a radius of 2964.93 feet through a central angle of 20036'46" and being subtended by a chord which bears North 25°20'42· East 1060.92 feet to the Point of Beginning of the parcel herein described. Containing 5.7. acres more or less Containing 760 net acres more or less Subject to easements and restrictions of record Bearings are based on the east line of said Section 26 being South 00°14'00- East. Marcu~ L. Berman, P.S.M. LS # 5086 Cedificate of Authorization # LB-43 Ref. 3E-21 Date: September 21 ,. 2001 Revised: February 21, 2002 Revised: June 6, 2002 Revised: August 12, 2002 Revised: June 3, 2003 Agenda Item No. 8A April 27th, 2004 Page 18 of 119 Exhibit "3" LANDOWNER'S CONSENT TO ESTABLISHMENT OF DISTRICT DiVosta & Company by and through its authorized representative, Michael D. Rosen, Vice President, with its principal place of business at Cambridge Square Office Park, 3459 Pine Ridge Road, Naples, FL 34119, is the owner or controller of certain property located in Coil/er County and more particularly described as follows: See Exhibits "1" & "2" of the "Petition to Establish the Verona Walk Community Development District" incorporated herein by reference. By signing below Michael D. Rosen, as Vice President, owner, or controller of 100% of the proposed land to be included in the VERONA WALK COMMUNITY DEVELOPMENT DISTRICT ("Districf'), as evidenced in the deed records of Collier County and/or as evidenced by documentation attached hereto and incorporated herein by reference, hereby gives full consent to the establishment of the District by Collier County ordinance in accordance with section 190.005, Florida Statutes, and consents to the inclusion of its property within the proposed boundaries of said District. IN WITNESS WHEREOF, I hereunto set my hand on this 3 4~' day of tC94Z .-~, 2003. Vice President STATE OF FLORIDA COLLIEi( COUNTY by Personally known ~.-~'''''' ,~ ~t~ · Produced Identification N'-~tary Public Type ofIOenfification Produced 5~Oa ~' ~(~J,5 · My commission expires: ,.~ -IO -' 0 ~ (Printed Name of Notary Public) ~4The foregoing instrument was acknowledged before me this ~-~ clay of ~be4,2003, i~hael ~. I?ar;t,r) g '\U~e~IC. go~d~n~DIVOSTAgVERONA W~'blt ~ c~.~mt, wpd I~ OOM~ f OD 07~794 I[ Au"i :dl~I' Item No. 8A April 27th, 2004 Page 19 of 119 CONTRACT FOR PURCHASE AI~ SAL~. THIS CONTRACT FOR PURCHASE AND SALE ("Contract") is made this '~'g~' day of August, 2001, by and between the Barton Collier Company, Ltd., a Florida limited partnership ("Seller"), and DiVosta and Company, Inc., a Florida corporation ("Buyer"). RECITALS WI-~S, Seller is the'owner of ¢¢,t,/n real property located in un~corp~rated Collier County, - ("County") Florida, which is legally described below ("Subject Property,); and WHEREAS, Seller has agreed to sell and Buyer has agreed to buy the Subject Property under the terms of this Con~act £or Purchase and Sale, NOW THEREFORE, for and in consideration of the payment of the Purchase Price stated herein, and other .good and valuable consideration, the' receipt and sufficiency of which consideration the parties hereto acknowledge, Buyer and Seller hereby agree tlmt Seller shall sell and Buyer shall buy. the Subject Property described below o'n the terms and conditions set forth in the Contract. 1. SUBmCT pROpB'RTY. A. SUBJECT PROPERTY: The Subject Property shall mean and include all of the Seller's right, title, and interest, or such rights, title and interest acquired by Seller, in and .to the Subje6t Property in i~ present · condition, being sold and conveyed under the terms hereof, which is legally described as follows: Sec Bxln~oit "A" attached hereto and made a pa~t. hereof. Thc parties understand and agree that thc total number of acres in the Subject Property is approximately ?g5 acres. B. A~DrrIONALmrrE~STS: Seller s~,~ also transfer to'~uyer, subject to the tcrm~ of this ' Contract, all their right, title, and interest, if any, in and to thc following: (0 Alleys. Strips and (}ores. All rights, title, and inter~t of the Seller, if any, in an~ to, all alleys, strips, of gores of land, if any, lying witltin or adjacent to the Subject Property. (h') Leases, Permits,' and Ap~urten,,~ces. All rights, title, and interest of.Seller, if any, in and ~o any leases, permits, righis-of-way, fights of ingress or egress, or other interests in, on, or to any land, highway~ street, road or av.enue, open or proposed, which abut or adjoin the Subject Property; and awards made after the dat~ of this Contract, or to be made in lieu thereof, and in and to any unpaid awards for damages thereto by. mason ora change in grade of any such highway, streot, road or avenue; as well as all appurtenimces and improvements belonging or'appertaining to thc Subject Property. (iii) Minerals. All rights, title, and interest of Seller, in and to all renminlng oil, gas, and other minerals in, on or under, and' that may .be produced from the' Subject Proper{y. (iv,) Reyersionary Rights. All rights, title, and inferest of Seller in and to any reversionary, rights, if ~ny., attributable to the Subject Property or said appurtenances. (v) Sewer, Water, and Drainage. All rights, title and interest of Seller in and to ail sewage treatment capacity, if any, and in and to all potable wa'tcr capacity and drainage riEhts, if any, allocated by competent authorities to serve the Subject Property. (wi ..Miscellaneous RiKhts. All permits, licenses, certificates, approvals; options, rights, title, and i~terests of Seller, if any, in, to, affecting, and running with the Subject Property, or to property contiguous to the Subject Property (with the sole ex.ception of the property lying south of the Subject Property). {MI695246;4} Agenda Item No. 8A April 27th, 2004 Page 20 of 119 -A. ~,MOUNT AND PAYME~IT: The parties herein agree that all references to "Dollars" or "$" herein shall be assumed to mean U.S. Dollars. The Buyer shall pay up to the sum of $3,000,000.00 as the deposit requited under this Agreement ('Deposit") in the amounts and at the times set forth below:. (~ "Initial Deposif'. The Buyer will pay an Initial Deposit of $200,000.00 to the F_~C~OW Age~t (descta'bed below) ~ ttmee ~s days after the date of e~ec~tioa of this Contract. The Iaaitial Deposit shall not be at risk until the conclusion of the Inspection Period (dermed below). '(ii) "Deposit". Provided that the Buyer has not terminated th.e contract during the Inspection Period, the Initial Deposit will be replaced with a surety bond in the amount of $3,000,000.00, which shall be delR'ered to the Seller within three (3) business days after the end of the Inspection Period. The surety bond shall be in the form of Exhfbi{ "C" and shall be issued by Safeco Insurance Company of America or St. Paul Fire and Marine Insurance Co. (collectively, the "Sureties"). Upon Seller's receipt of such surety bond, the Escrow Agent shall return the Initial Deposit to the Buyer· Provided that Buyer does not default'under the terms bf this Conu'aet prior to the date of closing of the Third Purchase. (descn~oed below), then within three (3) business days after the closing of the Third Purchase, the .rarely bond constituting the Deposit will be released and returned to the Buyer in exchange for a surety bond in the form of Exha~oit "C", and issued by one of the Sureties in the amount of $1,500,000.00. Provided that Buyer does not default under the terms of this Contract prior to the date of closing of the Fourth Purchase (desert%er'below), then within three (3) business days after the Closing of the Fourth Purchase, the surety bond constituting the Deposit shall be returned to Buyer· With the exception ora Seller's default, or the'failure of thc Closing Contingencies described in Paragraph 7 hereof, thc Deposit shall be non-refundable from and after the conclusion of the Inspection Period (defined below)· · B. ESCROW AGENT: Buyer and Seller agree that the Initial Deposit and the Deposit shall be delivered to Ak.erman, SenterfitI & Eidson, P.A. with offices located at One Southeast 3'a Avenue, 28t Floor, Miami, Florida 33131 ("Escrow Agent")· 3. PURCHA$]~ PRI~EA~ID ~R OF PAYMENT.. A. pURCHASE PRICE: (i) Buyer and Seller agree that thc Subject Property shall be acquired in four separate incremental purchases. Thc legal description, location and size of each incremental purchase shall be det,~,cdned by a survey of the incremental purchase, which is to be obtained by Buyer, at Buyer's expeme. The number of acres to be acquired in each incremental purchase shall be calculated to nearest hundredth of an acre. The parties further agree that the Subject Property shall be purchased for the sum of $91,825.00 per acre ("Base Purchase Price"). All references to "Dollars' or "$" herein shall be assumed to mean U.S. DollarS. Al!. calculations requirin8 the use of a number of acres shall require that acres be rounded to the nearest hundredth of an acre. (h} In the event that the Closing Date of the. Initial Purchase (descn'bcd below) occurs more than 12 months after-thc Effective Date, then the Base Purchase Price of thc Initial Purchase and each incremental purchase .~hall be increas, ed at the rate of 9% per annum fxom the F~rst armivcrsary of the Effective Date until the Closing Date of ~tl~c Initial Purchase ("Adjusted Base Purchase Price"). B. MAIqlqER OF PURCHASINO THE SUBIECT pROPERTY: The Subject Property shall be acquired in four separate incremental purchases, i.e. Initial Purchase, Second Purchase, Third Purchase, and Fourth Purchase (see Exlu%it "B" a~,-l~ed hereto and made a part hereof for approximate location and size). The location and size of each of the incremental purchases may be modified by Buyer upon approval by Seller, which approval .~hal! not be fiareasonably withheld or delayed. At the time of closing of each of the respective Purchases, the Buyer shall pay the Base Purchase Price or Adjusted Base Purchase Price, whichever is appropriate, as described above, plus or minus adjustments and prorations as set forth herein, in the form of immediately available funds by wire {MI695246;4} 2 Agenda Item No. 8A April 27th, 2004 Page 21 of 119 transfer to an account designated by Seller prior to such closing. The Second, Tl~d and Fourth Purchases shall be acquired in their sequential order, with the Second Puxchasc occmTing 18 months after the closing of the Initial. Purchase. The partiea agree that the Initial Purchase shall commence at the northwest comer of the Subject Property, a~d shall include not more than approximately one-half of the frontage of thc Subject Property oa SR 951. The parties additionally agree that the final or Fourth l~rchase shall include the balance of the remaining f~'ntage of 'the Subject Property on SR 951. (i) Initial Purchase. (Da the Date of Closing (defined below),, the Buyer wilt purchase the 'Initial Purchase c0~tainlng ~pproxim~ty o'~xe-qaa~t~, ~th~ Subject Property for a pu~ase price eakulatedby mulfipl .y~ug the Base Purchase Price or Adjusted Base Purchase Price, whichever is appropriate, by the number of acres being acquired by Buyei. (ii) Second Purchase. Not later than 18 months after the closing of the Initiil Purchase, Buyer will purchase the Second Purchase containing approximately one-quarter of the Subjec~ Property. The · purchase price for the Second Purchas~ shall 13e equal to the Base Purchase Price or Adjusted Base Purchase Price, whichever is appropriate, multiplied by the number of acres to be acquired in the Second Purchase. In the event that Buyer closes the Second Purchase earlier than 18 months after the Initial Purchase, the Base Purchase Price or Adjusted.Base Purchase Price, whichever is appropriate, will be reduced by the sum of $645.00 per acre for each full month that the closing of the Second Purchase is earlier than.18 months after the IUitial Purchase. (iii) ...Third Purchase. Not later than 36 months after the closing of the Initial Purchase, Buyer will purchase the Third Purchase containing approximately one-quarter of the Subje~ Properly. The purchase price for the Third Purchase shall be equal to the Base Purchase Price or Adjusted Base Purchase Price, whicbeve~ is appropriate, multiplied by the number of acres to be acquired in the Third Puxchase. In the event that Buyer closes the Third Purchase earlier than 36 months after the Initial Purchase, the Base Purchase Price or- Adjusted Base Purchase Price, whichever is appropriate, will be reduced by the sumi:of $645.00 per acre for each full month that the closing of the Third Purchase is earlier than 36 months after the Initial Purchase.. (iv) Fourth Purchase..Noi later than 54 months after~e closing of the Initial Purchase, Buyer will purchase the Fourth Purchase containing the balance of the Su~j~t Property not previously purchased by Buyer. The purchase price for the Fourth Purchase shall be equal to the Base Purchase Price or Adjusted Base Purchase Price, whichever is appropriate, multiplied by the number of acres'to be acquired in the Fourth Purchase. In the event that Buyer closes the Fourth Purchase earlier than 54 months after the Initial Purchase, .the Base ' Purchase Price or Adjusted Base Purchase Price, whichever is apPropriate, will be reduced by the sum .of $645.00 per acre for each full month that the closing of the Fourth Purchase is earlier than 54 months after the Initial Purchase. C. pURCHASE OF ADDITIONAL ACREAGE: At the closing of the Initial Purchase and each subsequent Purchase thereafter, Buyer has the option of purchasing part Or all of the remaining portions of thc Subject l~operty at .the purchase price per acre for the Purchase being closed, provided however, that no purchase of additioaal acreage s .1~11 cause Seller to become landlocked or shall reduce the size of the Fourth Purchase below 180 acrcg. In the event that the additional acreage acquired by Buyer is less than all of thc remaining portions of thc Subject Property, then such additional acreage s~aJ! be considered to be part of the next succeeding Purchase thereby reducing the purchase price of and the number of acres to be acquired in such Purchase. For e~xnple, if in connection with thc Second Purchase, the Buyer acquired an additional 50 acres of thc Subject Property, then the purchase price of the Third Purchase would be reduced by a sum calculated by multiplying 50 times the purchase price per acre, and thc number of acres to be acquired in the Third Purchase would bc reduced by 50 acre& 4. INSPF_ZrHON. A. INSPEGTION PERIOD: The "Inspection Period" shall be a period of 90 days from and after tlie date that ~ Contract has been fully signed by Buyer and Seller. During the Inspection Period, Buyer and its 'representatives shall have the' right to inspect the Subject Property and to evaluate reports prepared at Buyels expense, regarding; the County Comprehensive Land Use Plan and Subject Property zoning; Phase I Environmental Audit; environmental species study; soil conditions; survey matters; traffic conditions; surface water management Agenda Item No. 8A {MI695246;4} April 27th, 2004 Page 22 of 119 3 and consumptive usc conditions; water, sewer and other utilities; and such other reports and studies as Buyer deems necessary in order for Buyer to dctcnninc if the Subject Property meets Buyer's needs. Seller agrees to usc reasonable efforts, sho~t of incurring expense (other than photocopying costs), to assist Buyer in obtain!ns information rcgar.ding the Subject Property. Sellsr agree to provide to Buyer copies of thc following listed dOCUments or data, if any, which are in the possession of Buyer or Buyer's agents, consultants, or engi~iccrs regarding thc subject property: engineering information or data (inclt~d;ng civil engineering and traffic studies or reports), prints of surveys, soil tests, environmental studies or reports, title report~., and land usc plan designation or zoning information. S~Ucr makes no representations or warranties regarding the contents of~uch documents.or data. B. INSPECTION AcCESs: Seller agree to prOvide reasonable access to all portions of thc Subject Propcn, y, whether owned by Seller, u'nder its exclusive control, or proposed to be under it exclusive control as par~ of thc Subject Property, .to. Buyer and. its representatives during the Duc Diligence Period. All inspections are to bc undertaken at thc sole cost, risk, and expense of Buyer. Buycr'agrces to provide reasonable notice to Seller in writing and in advance bf all inspections, tcstings,'and examinations to bc conducted on thc Subject Property. Buyer shall, defend, indenmify, and hold Seller harmless from any and all claims, dcman~ .and damages arising.out of and resulting from this access to the Subject Property, including, without lknitation, any claims for construction liens asserted under authority of Chapter 713, Florida Statutes, except for such clahns, demands, or dama§es caused by Seller or'their al~cnts. In thc event any notice to owner or claim of lien is filed by any of Buyer's contraciors, subcontractors, professionals, laborers, or.suppliers, Buyer shall promptly obtain a release of lien from thc claimant or lienor, or, alternatively, where appropriate, Buyer may .transfer such a lien to a cash bond pursuant to the requirements of Chapter 713, Florida Statutes. Buyer agrees that all contracts or agreements regarding thc Subject · Property with any and.all of Buyer's contractors, subcontractors, professionals, laborers, and suppliers shall contain language substantially similar to the followinl~: ' "Buyer hereby represents that it is the Contract Purchaser and not the owner of thc Subject Property. Buyer shall be rcspous~le for all payments duc under this agreement, and the interest of thc owner'of thc Subject Pr0pcrty shall notbc subject to liens for improvements, services, materials or labor made bY or on behalf of Buyer". The indemnities and covenants of Buyer under this paragraph shall s .urviv.c - th~ termination of this Contract. "C. CAlq~ELLATI01q NOTICE: Prior to the expiration of the Inspection Period, Buyer may. 'cancel this Contract for any masOn or for no rcaion if thc Subject Property is not acceptable to Buyer in its sole discretion. Buyer shsll give written notice of cancellation (~Canccllation Notice~) to Seller and Escrow Agent, it being understood that Buyer's failure to deliver the Cancellation Notice prior to thc end of the Inspection Period shall be deemed to constitu~: (~ a waiver of Buyer's right to c .anc¢l this Contract under this Paragraph, and (it') an · affir!na, tire election by Buyer, subject to thc terms and conditions hereof, to close on this Contract. If Buyer delivers thc Cancellation Notice to Seller and Escrow Agent prior to the end of thc Inspection Period, Seller shall promptly acknowledl~e in writinl~ the receipt 0fth¢ Cancellation Notice. A copy of such acknowledglncnt shall be sent to thc Escrow Al~cnt who, upon receipt of such notice and acknowledgment, shall promptly cancel and return th~ Dc'posit to Buyer. H Seller fails to acknowledge !eccipt of thc Cancellation Notice within ? days of delivery to Seller, the parties a~¢c that thc Escrow Al~c~t is instructed to either return the Deposit to the Buyer notwithstandinE the failure of EseroW Agent to receive Seller' acknowledgment, or to int~rplcad the Deposit Upon receipt of thc Deposit by Buyer, thc parties agree that this Contract shall termln~t¢ and be of no further force or effect, except for those provisions which survive termlnatio~- D. _INSPECTION PERIOD WORK PRODUCT: In.thc event that this Contract is canceled by Buyer, then Buy.er agrees to release and transfer to Seller, upon Seller's written request, copies of and all of Buyer's interest in and to 'such rcl~rts, studies, analyses, data, and information (excluding, however, marketing rcpo.rts and architectural drawings, sketches, pl,~.% and sp¢cificationsX"Study Materials") prei~red on thc Subject Property for Buyer or at Buyer's direction during th.~ Inspection Period. In thc event that title to any such work product remains in thc service provider, the parties agree that in the event of cancellation, Buyer wa'Il transfer to Seller.only such interest as Buyer may have, if any, in such ~ork product. In addition, Buyer will return all materials provided by Seller to Buyer in accordance with paragraph 4.A. Prior to Closing, Buyer and Seller agree that Buyer shall not be 'permitted to '.m~c improvements on or to thc Subject Property, except for such improvements as may have been approved in. writin$ by Seller. {MI695246;4} 4 Agenda Item No. 8A April 27th, 2004 Page 23 of 119 5. .TIME FOR ACCEPTANCE AND EYFECITqE DATE,. If this offer is not accepted by both of the parties hereto on or before August 29, 2001, this offer shall be null and void. 6. TITLE EVIDENCE. A..TITLE COMMITMENT: Not more than 30 days after the effective date of this Contract, Seller shah deliver to Buyer a' tiQe imiurance cor~u~u'tmc-nt issued by Akerman, Senterfitt & Eiflson, P.A., as agent for Chicago Title Insurance Company, Commonwealth Land Tire Insurance Company, or Lawyer's Title Insurance Company undertaking to insure title to the Subject Property, in the amount of the Purchase Price. The tire commitment shall be updated to show the present condition of title approximately 30 days prior to each closing. The fee owners tire policy premium shall be shared equally by thb Buyer and Seller at Closing. B. TITLE INSURER: The title insurer shall issue to Buyer, after recording of each deed (and discharge of all liens, obligations, and mortgages, if any, which are to be satisfied by Seller at or before the Closing) aa owner's tire insurance policy insuring title in the Buyer to the portion of the Subject Property acquired by the Buyer. Th.e Subject Property shall be sold; and good and marketable title thereto shall be conveyed; subject to such matters as are permitted by this Contract or approved by Buyer, none of which shall render title unmarketable. Marketab!e tire shall be det¢~,,,ined according to the Title Standa~d.s adopted by authority of the Florida Bar, and in accordance with applicable law.. The parties agree to cooperate with the title insurer, and to execute such affidavits and other instruments as may be necessary-or appropriate in order to permit the tire insurer to delete the standard exceptiom for parties in'possession, mechanics liens, and unrecorded easements. ' ' C. TrrLE EXAlVlINATION: Buyer shall have I0 days from the date of receiving the title commitment or any update to the title commitment to examine it. If title does not conform to the requirements of. this Contract, Buyer shall within' 15 days of receipt of such title commitment or Update, notify Seller in writing specifying the alleged defects. Except as provided herein, the parties understand and agree that no postponement. extensions,' or modifications in the date of terminati0n of the Inspection Period, shall be available to Buyer for title defects or any other reason or cause. If Buyer objects to any title matters, Seller shall have 60 days from receipt of notice within which to. remove the alleged defect(s). If SeIler is unsuccessful or reasonably expects to be unsuccessful in removing such alleged defects prior to Closing and notifie~ Buyer, in writing, of it.4 unsuccessful efforts to remove said alleged defects, Buyer shall have the option of either (1) accepting the tire as it then is with no reduction in the Purchase Price, or (2) demanding the return of the Deposit delivered hereunder, which shall be promptly ieturaed to Buyer, at~er which time Buyer and Seller shall be released as to one another, of all fttrther l~,~,,~,,,l~,a ~a.,.. v= ~ea~a m u~e same manner as me receipt of a Cancellation'Notice_ above. If Buyer fails to make such an election, or/f Buyer shall fail to give lithely notice to Seller of the defects in tire within the time specified, then, Buyer shall be deemed to have agreed that Seller' title conforms to the requirements of tl~ Contract. Seller agree that if title does not conform to the requirements of this Contract, they will use reasonable effort, which will not include the bringing of suits, or expending funds in excess cf $100,000.00, to correct any alleged defect(s) in title prior to the date of Closing. 7. PLANS A4WD ¢ONTINOENCY. A. DEVELO? .MENT PLAN,q: ~(0 ~: Not hter than 30 days after the Effective Date, the Buyer will prepare and deliver conceptual site plans for Seller's review and approval of Buyer's prOpOsed development on the Subject Property. Seller agrees to provide its approval or disapproval of Buyer's plans within 10 days after the date of receipt. Seller agrees that its approval of Buyer's plans and drawings shall not unreasonably w/thheld or delayed. Seller's approval or disapproval shall be in writing and shall, in the case of a disapproval, specify the reasons for disapproval. Any cost or expense to Seller for their own attorneys' fees, consultant fees, or similar review costs or fees charged to Seller in connection with any review or approval by Seller of Buyers conceptual site pta~s shall be paid solely'by Seller. {M169~246;4} Agenda Item No. 8A April 27th, 2004 Page 24 of 119 5 {ii) Applications for Governmental Approvals: Buyer and Seller agree that Seller shall diligently and in §ood faith pursue the required §ovm'rimental approvals identified in paragraph 7B(i) and (ii) for not less than 2,000 dw~llinlg units on the Subject Property concurrently with Seller's application for approval of Seller's property lying contiguous to and south of the Subject Property. The parties understand that Buyer proposes that the Subject Property s .hall be a Collier County pl~nnod Unit Devilopment CPUD'9, and a modification of the existing "Winding Cypress" PUD. Buyer and Seller agre~ to cooperate in connection with any applications for the PUD approval on the Subject Property. The parties agree to equally share in 'the costs and fees paid in connection with ach jbii~t 'a}i~Iici~6i~'-i'Fof/~ov .et~lmental approvals. Selier agre~ to deliver to Buyer, the following materials regarding the Subject Proper'fy: (a) copies of any applications, information, or other documents to be submitted to any governmental agency or utility; and any (b) st~f reports or other correspondence from any governmental agency. Seller shall also provide Buyer with reasonable notice of any public hearings affecting the Subject Property. The parties agree that the Seller has no objection to' Buyer seeking a post-closing approval of a Community Development District for the development of the Subject Property. B. CLOSING CONIINGENCIF. S: Buyer and Seller understand and agree that this Contract 'and the obligations of Seller and Buyer to close on the Subject Property are subj¢ct'to and contingent upon the following: (i) Appri)val of Buyer's proposed PUD (and modification of the Winding Cypress 'PUD) by the Board of County Coromi~ioners of Collier County, Florida for not l~ss than :l,000 dwelling units.on the Subject Property. Seller shall use commercially reasonable efforts to schedule the final hearing for the PUD to occur approximately 9' months after the expiration of the Inspection Period but not later than the date of issuance of the permits in paragraph ?B(ii) below. (ii) Environmental Kcsource, surface water management, and consumptive use permits 'have been issued by the South Florida Water Management D/strict and the U.S. Army. Corps of Engineers for the development of not less thsn 2,000 dwelling units on the Subject Property, and all appeal periods have lapsed. In the cvent that the foregoing contingencies shall not have been satisfied by a date that is 18 months after the expiration of the Inspection Period, then Buyer shall elect to either waive the contingency and agree to close the transaction or to terminate the Contract. Buyer agrees to make such election on or before the date that is 18 months after the expiration of the Inspection Period, and to provide written notice of such election to Seller. If Buyer fails to make such election, Buyer shallbe deemed to have waived the contingency, and.Closing shall occur as descn'bod below, If Buyer elects to terminate, the Deposit shall be returned to the Buyer, and upon such return, this Contract shall be of no further force and effect, and both parties shall be relieved of any further obligations hereunder, except for those provhions which survive the cancellation of this Contract. 8. CLOSING DATES AND PLACE OF CLOSINGS. · The Initial Closing shall take place 10 days af~ the above Closing Contingencies kwe been satisfied. Subsequent Closings shall occur ~ the Initial Closing in accordance with Paragraph 3.B. hereof. All Closings shall be held at ~e offices of thc Seller, unless otherwise mutually agreed by the panics. 9. KEPKESBNTATIONS AND WARRANTIES OF, SELLER' To induce Buyer .to enter into this Contract, Seller make the following representations and warranties to' Buyer: A. AUTHORITY: Seller has full legal power and right to enter into this Contract arid to sell the Subject Property to Buyer. This Contract constitutes a legal, valid and binding obligation of Seller, and is enforceablc in accordance with i.ts ~rms. The execution and delivery of this Contract, and the consummation of the sale do not violate any agreement or instrument to which Seller is a party or which encumbers the Subject Prop'crly;, and does not violate any provision of liw or any applicable judgment, order, or decree of any court or govcmmcn.tal agency having jurisdiction' over Seller or the Subject Property. {MI695246;4} 6 Agenda Item No. 8A April 27th, 2004 Page 25 of 119 B. VIOLATIONS: Seller has no knowledge of any violation of law, statute, ordinance, or code of any federal, state, county, or other governmental agency relating to the Subject Property. Seller has received no notice of any vio. lation of law, ~tatute, ordinance, or code of any federal, state~ county, or other governmental agency relating to the Subject Property, and. Seller has no reason to believe that any such notice. 'may be received. C. LITIGATION: To Sellers knowledge, there are' no pending or threatened, judicial, county, municipal, or administrative proceedings against or affecting the Subject Property. Without limiting the generality 0'fgae foreg0hi~; to Seller's knowledge, there are no eminent domain proceedings pending or threatened against the Subject Property, and there are no annotmced plans to condemn any part of the Subject Property. D..LIENS: Seller represents and warrants that no services, materials, or work have been supplied to Seller or to Seller's contractors with respect to the Subject Property for which payment has not been made in full, or for which Seller ]las not made arrangements for payment. If, prior or subsequent to the Closing Date, any . construction lien or other lien, charge, or order for the payment of money shall be filed against the Subject Property, or against Buyer based upon any act or omission, or alleged act or omission before or after the Closing Date, of Seller, its agents', servants, or employees, or any contractor, subcontractor, or supplier connected with any construe- · tion and completion by Seller of improvements ~t the Subject Property, or repairs made to the Subject Property by or on behalf of Seller (whether or. not such lien, charge, or order shall be valid or enforceable as such), within20 days .after notice to Seller 0fthe filing thereof; Seller shall take such action, by bonding, deposit, payment or otherwise, as will remove or satisfy such lien of record against the Subject Property. ' E. HAZA.KDOUS WAsTEs: To Seller's knowledge, the Subject Property has not been used, is not p~esently being used, and will not through the date of Closing be used for the handling, storage, transportation, · or'disposal of hazardous or toxic materials: Seller knows of no underground fuel storage tanks on the Subject- Property, or which have been remov6d from the Subject Property. Seller knows of no pending bi' threatened action, notice, claim, or investigation under the Federal Comprehensive Environmental Response Compensation and Liability Act (CER. CLA) relating to the Subject Property. Seller agrees to indemnify, defend, and hold Buyer harmless from any loss or damage to Buyer including, without limitation, a.ttomey's fees incurr6d by'Buyer as a result of any use, handling, storage, transportation, or disposal ofha?Ardous or toxic materials by Seller during its period of.0 .wnership of the Subject Property. la the event that, prior to Closing, Buyer becomes aware that any of the representations or warranties set forth in ~ Paragraph a~e untrue, Buyer shall notify Seller in writing as soon as reasonably possible of any . representations or warranties which Buyer discovers to be untrue. Seller shall be given a reasonable time to correct or cute such representations or wawanties, however, the date of Closing shall not be postponed, extended, or modif~d. If Seller fails to cure or correct such representations or warranties within a reasonable period of time and prior to the Closing Date, Buyer shall have the right to cancel this Contract by Written notice to Seller, provided, however, that Buyer may elect to waive any such matters and close this Contract. If Buyer shall elect to cancel this Contract, then the parties agree that such a cahcellation shall be treated in the same manner as a receipt of a Cancellation Notice described in Paragraph 4 above. Seller agrees that in the event any of the representations and warranties set forth in this paragraph ate untrue, they will use reasonable effoti, which will not include the bringing ofnecessat~ suit.s, or the expenditure of funds in excess of $100,000.00, to correct and cure such representatioi~a and . warranties. The foregoing representations and warranties shall rurvive each Closing with respect to the portion of the ' Subject Prope.rty then bein, g conveyed for a period of 12 months. lO. CO'v~%_q~ O~ SRT.T.~ Seller covenants and agrees that, prior to the Closing of the Subject Pr6perty, Seller will: A. AGRICULTURAL ACTIVITY: If the Subject Property currently has an agricultural exemption for ad valorem taxes, Seller will continue to apply for and maintain such an agricultural exemption, and will not execute any leases or agreements of any kind on any portion of the Subject Property with the ekception of {M~6952.46;4} Agenda Item No. 8A April 27th, 2004 Page 26 of 119 hunting or ap/cultural leases which permit termination by the Landlord upon not more than 90 days prior written notice; B. ACCESS: Provide Buyer, and Buyer's representatives and agents, access to the Subject Property at all reasonable times; C. SETI'L~: Not enter into any settlement of any conder~n~tion proceedin§s or eminent domain proceedings affecting the Subject Property without the prior written consent of Buyer. 11. REPRESENTATIONS AND WARRANTIF~ OF BUYER. Buyer has full legal power and fight to enter into this Contract, and to buy the Subject Property t'rom Seller without the need for consent or joinder of any other person or entity. This Contract constitutes a legal, valid and bindinl~ obligation of Buyer, and is enforceable in accordance with its tcnm. The cxccutiou and delivery of this Contract and thc consummation of the transactions contemplated by Buyer does not violate any agreement or instrument to which Buyer is a party, and does not violate any provision of law or any applicable judgment, order or decree o£ any court or Eovernmental agency having jurisdiction over the Buyer. 12. COVEN,aNTS O1~ BUYER. The parties agree that any refer~ce to Buyer in subparagraphs A and B ·b¢Iow shall include Buyers agents, employees, contractors, and subcontractors. , . A. RISK.' Any entry by Buyer on to the Subject Property prior to the date of Closin~ shall be at Buyets risk. Buyer shall defend, indemnify, and hold Seller harmless from all claims and liability resulting from Buyer's activities on the Subject Property. Buyer, s activities on the Subject Property shall be performed in such a manner so as not to damai~e the Subject Property, and Buyer agrees that it will ~eslore any damage to the Subject Property substantially to the condition existing prior to Buyer's entry. Buyer agrees that the provhions of this Paragraph 12A shall sutwive the Closing or termination of this Contract. · B. LIENS: Prior to Closing, Buyer shall not allow any lien tobe placed, on the Subject Prope~y; Which may have resulted fxom or related to Buyer's activities on thc Subject Property. In the event that such a lien is recorded, and Buyer is notified in writing of the Hen, Buyer shall wi~in 20 days discharge, satisfy, or i~ansfer such Itch to bond at Buyer's expense. Buyer agrees that thc provisions of this Paragraph 12B shall survive thc termln~tion of this Contract. C. INSURANCE: Buyer shall maintain insurance to cover losses arising out of the activities of the Buyer, its agents, its contractors, or subcontractors on the Subject Property. The minimum insurance policies to b~ maintained by Buyer, which shall name Seller as an additional insured, are: (i) Workmen's compensation insurance to be maintained at required statutory limits, (ii) Comprehensive general liability instuance maintained at limits of not less than $1,000,000.00 for bodily injury or death tS. any number of persons in any one occurrence,' (iii) Hazard and Casualty i~urance maintain, ed at limits of not le~s than $100,000.00 for property damage. Certificates evidencing the minimum insurance policies shall be delivered by Buyer to Seller prior to entry on to the Subject Property"oy Buyer, its agents or contractors. All required insurance policies shall provide for a 30 day written notice to Seller prior to cancellation. · 13. colv~nssIoN$. - Buyer and Seller hereby represent and warrant to each other that they have not discussed or otherwise communicated the subject matter of this Contract with any Broker, al~cnt, or salesman, so as to create any legal ri/bt in any person or entity to claim a real estate commission or similar fee wi/h respect to the transaction {M1695246;4} Agenda Item No. 8A April 27th, 2004 Page 27 of 119 contemplated herein. Each party agrees to defend, indemnify, and hold harmless the other from and agai~ any claims arising out of or in any way connected with any claimed brokerage relationship with the indenmiflfiag party. In any liti§ation arising out of this Contract concerning any Broker's fee, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs at trial and appellate levels. 14. DEFAULT. . Except for the privilege to cancel this Contract within the Inspection Per/od, or as a resuh Ora fa/lure to s~tisfy'a C10~in~ eotititigeney, if Ehayer faits to -perform within the time spocified~ or otherwise/efauRs under this Contract, the Seller shall be entitled to declare thc Conwaet in default and to retain the Deposit ~s liquidated damages, which Seller agrees shall constitute flail settlement of any claims; whereupon Buyer and Selle~ shall be relieved of all further obligations hereunder, except for those provisions which survive termination of this Cont~a:.t. For purposes hereof, after the surety bond is delivered to Seller pursuant {o Paragraph 2A(h]i Selle~s retaining the Deposit shall mean Seller's draw upon such surety bond, and retention of the proceeds thereof, following Buyer's faihre to pay an amount equal to thc amount of the surety bond as liquidated damages, without any requirement upon Seller to provide notice to Buyer of such draw. If, for any reason other than failure of Seller to render title which complies with thc requirements of this Contract after reasonable effort, as set forth ia o~er provmons of this Contract, Seller fails, neglects, or refuses to perform trader this Contract, Buyer shall have the fight to seek specific perform:~nce, or elect to receive the return of the Deposit paid by Buyer. In the event that Buyer elects to seek specific performance, and determines that Seller has sold and conveyed the Property lo a third party bona fide purchaser for value, thereby rendering ineffective Buyer's right to specific performance, ~-n and.in that sole event, Seller agrees that Buyer shall have the right to seek any remedy to which Buyer may be entitled by operation of law, except as otherwise provided in this Paragraph. In thc event that Buyer elects to receive a return of /he Deposit, Buyer sba1! also be entitled to reimbursement by Seller of Buyers direct expenses, inchding without limitation, the costs of any plans, studies, reports, inspoctions, professional fees, or similar items for which Buyer has paid in connection with this Contract. All such expenses shall be itemized, evidenced by paid invokes, and the total of all such direct expenses shall not be in excess of $300,000.00. The previous two sentences shall be of no force or effect after the Initial Closing. Notwithstanding the foregoing, Buyer and Seller shall have all remedies at law and equity for any breaches which occur after thc Closing, subject to the limitations provided in the fonowing sentences. Buyer and SeUer hereby waive any rights to punitive, consequential, incidental, or any other measure of . damages other than actual and direct damages, such as out-of-pocket expenditures. Buyer and Seller acknowledge and agree that each party's measure of damages shall not include items such as interest expense and i~temal overhead and similar expenses. In addition to Seller's remedies set forth above, in the event this Contract terminates as a result of a default by Buyer, Seller, at its option, shall have the right to continue to develop the Subject Property .and ufalize all roadways thereon. To that end, Buyer will cooperate with Seller, as Seller reasonably requests, including without limitation, by assigning to Seller Buyer's rights under Buyefi PUD with respect to the Town Center as identified in Buyer's PUD and providing appropriate cross-access easements. NOTICES. All notices, requests, demands, instructions, consents and other' communications required or permitted to bc g/yen pursuant to this Contract shall be.in writing and shall be deemed to have been duly g/yen if and when (a) personally served, (b) sent by first class certified or registered mail, postage prepaid, return ~eccipt requested, (¢) transmitted by prepa/d telegram, telex, or facsimile, or (d) sent by a nationally recogn/zed express courier service, postage or delivery charges prepaid to the parties at 'the 'addresses set forth below, or at such other address as any of them shall hereafter specify in writing or by facsimile transmission. The addresses for notices are as follows: To the Buyer: Charles H. Hathaway, President DiVosta and Company, Inc. 4500 PGA Blvd. Suite 400 Palm Beach Gardens, Florida 33418 Tel: 1-561-627-2112 {M1695246;4} 9 Agenda Item No. 8A April 27th, 2004 Page 28 of 119 Fax: 1-561-622-7516 To the Seller: Paul I. Marinelli, President and CEO Barton Collier Paxtnership 2600 Golden Gate Parkway P.O. Box 413038 Naples, Florida 34101-3038 Tel: 1-941-262-2600 Fax: 1-~)41-262-1840 To the Escrow Agent:. Akerman, Senteditt & Eidson, P.A. One Southeast Third Avenue, 25~' Floor Miami, Florida 33.131 ARa: Andrew M. Smulian, Esq. Tch 305-374-5600 Fax: 305-374-5095 16. PRORATIONS OF REAL ESTATE TAXES. At the time of Closing, real estate taxes will be prorated based on the current yca~s tax with due allowance made for thc maximum allowable discount. Thc taxes will be prorated through the date of Closing by credits to oF debits from the cash due at Closing. If Closing occurs, on a date when the current year's millage is not fixed and the current year's assessment is available, taxes will be prorated based upon such assessment and the prior year's millate. If the current year's assessment is not available, then taxes will be prorated on the prior year's tax. Time is of the essence of this Contract. Any reference to time periods shall in their computation include every calendar day. If(i) the expiration date of the Inspection Period, or (ii) the date for Closing falls on a Saturday, Sunday or legal holiday, such date, as the case may be, shall be deemed to be the next following business day. IS. DOCUMENTS AT CLOSING AND CLOSING PROCEDURE. A. SBLLEK'S DOCUMENTS: At the Initial Purchase and each subsequent Purchase, Seller shall deliver the following documents to Buyer, all of which shall lac acceptable, in form and substance to Buyer's and Seller' attomcys. 0') Deeds: A Special Warranty Deed to the portion of the Subject Property being acquired subject only to such matters as approved by Buyer or as permi. 'tted by this Contract. (ii) Construction Lien Affidavit: A duly executed and sworn conslrucrion lien affidavit acceptable to Buyer's counsel and the title insurer. (ii0 Title Insurance RequirementS: All ~locuments and instrumentS established as requirementS for issuance of thc title insurance policy as set forth in Buyer's title commitment, ffany, and such af- fidavits as the title insurer shall reasonably require in order to insure the gap at Closing. · (iv) Non-Foreign Affidavit: Non-Foreign affidavit in accordance with this Contract. B. BUYBK'S DOCUMENT~: At Closing, Buyer shall deliver the following to Seller. (i) Balance due at Closing: The Purchase Price due at each respective Closing as is described in Paragraph 3 of this Contract. {MI695246;4} t0 Agenda Item No. 8A April 27th, 2004 Page 29 of 119 (ii) Title Insurance Requirements: Such affidavits as the title, insurer shall ~reasonably require in order to insure the title gap and to delete standard title exceptions at Closing. (iii) Access Easements: Appropriate access easements between the portion of'the Subject ?ropetty then being conveyed or theretofore conveyed and the balance of the Subject Property, the form of which shall be reasonably satisfacto~ to Seller and Buyer. 19. EXPENSES OF CLOSING. At the Initial Purchase and each subsequent Purchase, the parties shall pay (on a '$0/50"-baslS) the following expenses of Closing. (i) Cost of Owner's title policy; (ii) Preparation of Special Warranty Deed and closing instruments; (iii) Documentary Stamps on the Special Warranty Deed. (iv) Cost to record Speeial Warranty Deed. 20. ATI'OR]qBY I=BBS AND COSTS. Bach party shall be responsible for the payment.of its own attorney's fee for advice, representation, and the preparation of documents delivered or required in connection herewith. Ia the event of any litigation (includmg appellate proceedings) m-ising out of this Contract, the prevailing party shall bc entitled to recover reasonable attorney's fees mad costs from the losing party. This provision shall survive Closing or termination of this Contract. 21. SURVEY. Buyer, at its sole expense shall obtain a boundary mrvey of the Subject Property, which will locate all applicable title exceptions. If the sm-vey, certified by a registered Florida surv:yor, shows any encroachment on the Subject Property, or that improvements intended to be located on the Subject Property in fact encroach on the lands of others, the same sh211 be treated as. a title defect, and shall be subject to the limitations set forth in ttds Contract for title defects. Any survey prepared in connection with or as a consequence of this ConWact shall include a description on the Subject Property prepared under the Florida Coordinate System as d~fined in Chapter 177, Florida Statutes. If thc boundary survey reveals any gaps or encroachments affecting the Subject Property, other than those approved by Buyer, ~nd Buyer delivers written notice of the same to Seller, then any roach gap or encroaclnnent shall be treated as a title defect and the provisions of Paragraph 6 of this Contract shall apply. The legal' description generated by the survey of the Subject Property shall replace the legal descriptions attached hereto as Exln'bit A. 22. NON-FOREIGN AFFIDAVIT. Seller shah deliver to Buyer at closing an affidavit, which states Seller's federal employer identification number and address, and that Seller is not a "foreign person" as defined in the Internal Revenue Code and related reguhtions. If Seller refuses or is unable to deliver to Buyer the appropriate non-foreign affidavit prior to closing, then Buyer shall have the right to withhold at closing an amount ia cash equal to 10% ofth~ "Amount Realized", as such term is defined by Temporary Regulations Section l..1445-1T(g) (5), and Buyer shall forward SUCh sum to the Internal Revenue Service as withholding, tax under Internal Revenue Code Section 1445. Buyer and Seller shall each individually have the fight (but Buyer shall not be obligated) prior to closing to make application to the Internal Revenue Service (thc Service") pursuant to Temporary Regulations Section 1.1445-3T for a withholding certificate ("Withholding (~ertificate") authoriz/ng Buyer to withhold a lesser amount of (or no) tax, and if the Service duly issues such a Withhold/ng 'Certificate prior to closing, then Buyer shall have the right to withhold only the amount sthoulated in the Withholding Certificate and Buyer shall forward such amount the Iaternal Revenue Code Secfi0n 1445~ It is the intent of this paragraph to enable Buyer fully to comply with Internal Revenue Code Section 1445 and related sections and regulations, as mod/fled and amended from t/me to time; in fin'therance of this intent, Seller shall comply with all reasonable requirements of Buyer which are intended to effect SUch compliance. {M~695246;4} Agenda Item No. 8A April 27th, 2004 Page 30 ,of 119 · 23, CONDEMNATION. If, prior to the Closing Date, all or any portion of the Subject Property, is taken by eminent domain, or is the subject of a pending or contemplated taking which has not been consummated, Seller shall immediately notify Buyer. If the taking, or pending or contemplated taking, results in the Subject Property becoming unsuitable for Buyer's proposed development, in Buyer's reasonable discretion, then Buyer shall have the option to terminate this Contract upon notice to Seller given not later than 10 days after receipt of Seller notice of the taking. I[ this Contract is terminated, as aforesaid, Seller shall cause the Deposit to be returned to Buyer. Upon such return neither party shall have ~uy further ~ or obligalions hereunder, ~xcept f~ the.provisions that survive termination, l/Buyer does not exercise this option to terminate this Contract, Seller shall be entitled to receive and keep, all awards for the ~king by eminent domain. 24. BSCKOW AGENT. All deposits made pursuant to fl~is Contract shall be deposited with the Escrow Agent. Escrow Agent hereby accepts its designation as Escrow Agent hereunder and agrees to hold and disburse the Deposit as provided herein. The following terms and conditions shall apply to Escrow Agenfs performance of its duties: A. DI,ITIE~: It is agreed that the duties of Escrow Agent are only.such as ~re herein spcci/ically provided, being purely mlni.~terial in nature, and that Escrow Agent shall incur no hability whatsoever for its actions, except for willful misconduct or gross negligence, so long as Escrow Agent has acted in good faith. Seller and Buyer release Escrow Agent from any act done or omitted to be done by Escrow Agent in good faith in the performance of Escrow Agenfs duties hereunder. B. SOLE LIABILITy: Escrow Agent assumes no liability hereunder except that of a stakeholder. If there is any dispute as to whether Escrow Agent is obligated to deliver the Deposit, or as to whom the Deposit is- to be delivered, Escrow Agent will not be obligated to make any delivery, and in such event may hold the Deposit until receipt by Escrow Agent of an authorization in writing signed by Buyer and Seller, directing the disposition of the Deposit, or in thc absence of such authorization, Escrow Agent may hold the Deposit until the final dcterwi-stion of thc fi~hts of' thc paxtics in an appropriate procccding. Escrow agent shall have the right, but not the · obligation, to interplead the Deposit with thc Circuit Court in and for Palm Beach County, Florida in thc event of any dispute concerning the Initial Deposit. Once Escrow Agent has tendered the Deposit into the registry or custody of such court, or has otherwise delivered the Deposit in any other manner prov. ided for herein, Escrow Agent shall b~ discharged from all duties and shall have no furthcr liabili%, hereunder as Escrow Agcnt. C. INDElVINIFICATION: Buyer and Seller shall, jointly and severally, indcnufif'y, defend, and hold harmless Escrow Agent from and against any and all claim.s, demands, losses and causes of action incurred by Escrow Agent in the performance of its duties hereunder, except for such claims, demands, losses and causes of action, as are incurred by Escrow Agent solely as a result of its negligence, intentional mi-~conduct, or gross ncgligencc. The terms of this Paragraph shall survive Closing or any t¢~h~Jnation of this Contract. :15. MISCELLANEOUS PROVISIONS. A. ASSIGNABILITY: Buyer may assign this Contract to a corporation affiliated with the Buyer or its corporate parent, or to a corporate parent with the prior written cogent of Seller, which consent shall not be unreasonably delayed or withlield. B. CHOICE QF LAW: This Contract shall be governed by, enforced by, and construed under the laws' of Florida. Venue for all actions under this'Contract shall be in Collier County, Florida. C. CONSTRUCTION OF ~'ONTRACT: Buyer and S¢lle~ acknowledge that they have read, understand and have had the opportunity to be advised by legal counsel as to each and eyeD' one of the terms, condiiions, and restrictions and the effect of all the provisions of this Contract and Buyer a~ees to the enforcement of any and all these provisions and executes this Contract with full knowledge of these. Should any provisions of this Contract require judicial interpretation, it is agreed that the court interpreting or constming ~he provisions shall {M[695246;4} Agenda Item No. 8A April 27th, 2004 Page 31 of 119 12 not apply a presumption that the terms hereof shall bc more strictly construed against one party by reaSon or by rule ,o f the construction that a dooumcnt is to be constxued more strictly construed against thc party who itself or through tis agent prepared the' document. Typewritten Or handwritten provisions inserted in this Contract which arc initialed by the parties shall control over ali printed provisions of this Contract in conflict therewith. D. COUNTERPARTS AND'FACSIMILES: This Contract may be executed in one or more counterpart~, each of which shall be deemed an original, but all of which shall comtitute one and the same Contract. With thc exception of the Warranty Deed, facsimile copies shall bc deemed the equivalent of an original. E. ENTIRE AGREEMENT: This Contract, embodies the cntixe agreement between thc parties and cannot be waived or amended except by written instrument executed by Buyer and seller. Buyer has not been haduced by, or relied upon, any information, representation, warranties, or statements, whether oral or written, e×pr~ss or maplied, made by Seller or any other person representing or purporting to represent Seller which arc not expressly set forth or provided for in this ConWact. Neither this Contract nor any notice thereof shall be recorded in any public records. Recordation of this. Contract, or any notice thereof, by Buyer shall constitute a default under this Contract. F. FURTHER DOCUMENTS: The parties agree to execute all documentation reaSonably requested to give full force and effect to this Contract G. HEADINGS: Thc headings and rifles of the Contract provisinns are for the convenience of the parties only, and are not detenninarive of thc contents of any paragraph. All paragraphs are to be interpreted by reviewing the entire contents Of the paragraph. H. NO WAIVER: No waiver of any provision of this Contract shall be effective against either party unless it is in writing and signed by the party waiving such provision. A written.waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. I. PERSONS BOUND AND NOTICE: This Contract shall bind and inure to the benefit of the parties hereto, their successors and assigns] Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for either party shall be as effective as if given by or to thc party. ~I. SPECIAL ASSESSMENT LIENS: Certified, confwmed and ratified special aSsessment liens aS of date of closing are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the impro,zement has been substantially completed as of the Effective Date, such pending lien shall be considered certified, confirmed, or ratified and Seller shall, at Closing, be charged an amount equal to thc last estimate of assessment for thc improvement bY the public body.' K. CONFID~ITy: Buyer and Seller agree that the financial terms of this Contract are confidential and shall not kn: disclosed to third parties (other than their respective attorneys, lenders, engineers, and advisors, who shall agree to be bound by this confidentiality provision prior to disclosure thereto) without the prior written consent of the non-disclosing party. Seller understands and agrees that Buyer is a wholly ovmed subsidiary of Pulte Corporation, and that this Contract may be disclosed by Buyer .to Pulte Corporation. This provision shall survive the termination of this Contract, if terminated prior to Closing under the terms hereof. {M t695246;4} 13 Agenda Item No. 8A April 27th, 2004 Page 32 of 119 AS EVIDENCE OF THEIR AGREEMF2qT to comply with the terms of this Contract, the Buyer and Seller have signed below. SELLER: BUYER: BARRON COLLIER COMPANY, LTD. a Florida limited partnership Pau~l~arinelli, Agent DIVOSTA AND COMPANY, INC. a Florida corporation Charles H. Hathaway, President / ESCROW AGENT: AKERMAN, SENTERFITI' & EIDSON, P.A. :/~at ry {MI695246;4} 14 Agenda Item No. 8A April 27th, 2004 Page 33 of 119 Wii nMiiler New DkecUons In Plan~ Design & Engineering Description of part of Sections 26, 34 and 35, Township 50 South, Range 26 East, Collier County, Florida (Winding Cypress) All that part of Sections 26, 34 and 35, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows; Commencing at the northeast comer of' said Section 26; Thence along the east line of said Section 26 South 00°14'00" East 30.00 feet to the Point of Beginning of the parcel herein described; Thence coi~[inue along said tine South 00'14'00" East 2606.71 feet to the east ¼ comer of said Section 26; Thence continue along said line South 00'14'36" East 2561.60 feet; Thence leaving said section line South 89*45'24" West 96.17 feet; Thence North 66°32'07" West 209.05 feet; Thence North 46°01 '15' West 121.72 feet; Thence North 72'13'41" West 226.90 feet; Thence North 43°12'15" West 81.79 feet; Thence North 2i *03'52" West 76.07 feet; Thence North 43°43'56" West 153.73 feet; Thence South 42°25'53'' West 158.08 feet; Thence South 38047'56" West 502.82 feet Thence South 74'00'12" West 138.30 feet; Thence South 61 '48'50" West 247.65 feet; Thence South 83°05'01" West 208;24 feet; Thence North 75027'03" West 124.60 feet; Thence South 86°25'20" West 175. t2 feet; Thence South 23°07'39" West 391.12 feet; Thence South 25°18'I6" East-Il4.35 feet; Thence South 39°43'58" West 194.70 feet; Thence South 74°01'49" West 135.13 feet; Thence South 51'06'59" West 155.26 feet; Thence South 83'02'35" West 402.58 feet; Thence South 28'30'28" West 78.59 feet; Thence South 47'41 '47" East '117.46 feet; Thence South 84'42'30" East 28.35 feet; Thence South 24°44'59· East 143.48 feet; Thence South 33'21'36" West 43.77 feet; Thence South 42°56'44' East 75.42 feet; Thence South 00'19'22" East 25.70 feet; Thence South 75°24'37· West 344.39 feet; Thence South 25°01'16, West 157.15 feet; Thence South 07°35'43. West 289.70 feet; Thence South 36*44'47" West 110.43 feet; Thence South 53'45'00" West 51.82 feet; Thence South 32*40'53' West 202.03 feet; Thence South 36'44'36" west 226.13 feet; Thence South 52't7'41" West 285.02 feet; Thence North 60*40'53" West 52.48 feet; Thence South 76*37'26" West 178.00 feet; Thence South 20'45'31" West 142.44 feet; Thence North 89'22'06" West 24.43 feet; Thence South 77'55'47" West 83.72 feet; Agenda Item No. 8A Naples Fo~t Myers Sarasota Bradente. Tampa ra//a~ssee April 27th, 2004 320~ Bail~y Lan~ Suite 200 Naples, Rodda 341~-850Z 941-649-4040 ~ 941-643-5715 ~age 34 of 119 v/w~v, wil~e~niller, cor~ W'dsdnMiller Then~ No~h 46~29'39" W~t 56,75. feet; ~ence South 78~t2'~'' West 35,66 feet; ~ence Sou~ 49"19'~" West 55.80 feet; Thence NoKh 89"22'07" West 23,39 feet; ~ence Sou~ 15"49'29' West 176.94 feet; Then~ South 40"10'36~ West 102,27 feet; Thence South 82~12'04" West 131,69 feet; ~ence South 66"14'41' West 124,33 feet; ~*ence No~h 8~04~4" ~st ~.34 fee~ ~ence South 68044'54" West 332.47 feet; Thence Sour5 80"35'21" West 43.46 feet; Thence Sou~ 28~59'33" West 88.09 feet; Thence Sou~ 83~54'03' West 14.92 feet; Thence South 42°35'50" West 144,78 feet to a point lying 60 feet east of the west line of said Section 35; Thence along said line North 00°50'06° East 645.18 feet; Thence continue along said line North 00°52'55" East 2619,36 feet; Thence South 89°33'56" East 40.00 feet to a point lying 100 feet east of the west line of said Section 26; Thence along said line North 00°50'24" East 2633,11 feet; Thence continue along said line North 00°50'18" East 2604,58 feet to a point lying 30 feet south of the north line of said Section 26; Thence along said line South 89°37'03" East 2541,99; Thence continue along said line South 89°37'26" East 2642,06 feet to the Point of Beginning of the parcel herein described; Containing 779,3 acres more or less ALONG WiTH Commencing at the northeast comer of said Section 34; Thence along the east line of said Section 34 South 00°52'55" .West 674,12 feet; Thence leaving said section line North 89°07'05" West 40,00 feet to the Point of Beginning of the parcel herein described; Thence South 00°52'55- West 1110,23 feet; Thence North 89°07'05" West 539,68 feet; Thence North 35°39'05' East 175,97 feet; Thence northeasterly 1066,66 feet along the arc of a tangential circular curve concave to the northwest having a radius of 2964.93 feet through a central angle of 20°36'46, and being subtended by a chord which bears North 25°20'42'' East 1060,92 feet to the Point of Beginning of the parcel herein described, : Containing 5,72 acres more or less Containing 785 net acres more or less Subject to easements and restrictions of record Bearings are based oJ~ the east line of said SectiOn 26 being South 00°14'00" East. Michael H. Maxwell, P.S.M. LS # :4650 Certificate o{ Authodzatlon # LB-43 Ref, 4E-52 Agenda Item No. 8A April 27th, 2004 Page 35 of 119 Exhibit B Page 1 of 1 Pages Agenda Item No. 8A April 27th, 2004 Page 36 of 119 EX.HtBIT C LAND ACQUISITION BOND Bond No. Amount $[se¢ below] KNOW ALL MEN BY THESE PRESENTS, that we, DiVosta and Company, Inc., a Florida corporation ("Principal") and [Safeco Insurance Company of America, a corporation duly organiz~ under the laws of the Stat~ of Washington] [or] [St. Paul Fke and Marine Insurance Co.; a ] ("Surety"), as Surety, are held and fu-mly bound unto Barton Collier Company, Ltd., a Florida limited partnership ("Obligee"), in the sum of 'II~rce M~llion ($3,000,000) Dollars [or, following the Closing of the Third Purchase, $1,500,000.00] to be paid from principal to Obligee pursuant to that certain Contract for Purchase and Sale dated August _, 2001 (the "Agreemenf'). Principal and Surety hereby bind themselves, heirs, executors, administrators, successors and assigns jointly and severally, f'umly by these presents. Under the terms of the Agreement, Principal has agreed to acquire 785 acres, more or less, in Collier County, Florida and to pay for said property pursuant to the terms of the Agreement. NOV; THEREFORE, iftbe Principal shall t~'fform in accordance with all terms and conditions of the Agreement, then this obligation shall be null and void, otherwise, and until such time it shall xemain in full force and effect. In the event that the Principal fails to perform under any terms and conditions of the Agreement, the Surety will abide by the obligations under this bond (to the ext~nt to cure said failure), without the necessity for the Obligee to file suit or in any way pursue its remedies as to Principal. The Surety agrees to pay the Obligee [Three Million ($3,000,000) Dollars] [or following the closing of the Third Purchase, $1,500,000.00] pursuant to the terms of the Agreement within 15 days of re~ipt of written notice from the Obligee stating that a default exists pursuant to the Agreement and demanding payment of the amount then due, including any principal, interest and cos~s. The Principal and Surety hereby represent and warrant that {his Bond is irrevocable and shall remain in full force and effect for a period which extends to the dam of Obligee's receipt and collection of closing proceeds of the Fourth Purchase and payment therefor pursuant to the Agreement and receipt of the same has been acknowledged by Obligee. Any notice, demand, certification or request for payment, given or made under this Bond shall be made in writing and shall be given by a personal delivery or expedited delivery service, postage pre-paid, addressed to , Attention: ~ Bond is being delivered and is intended to be performed in thc State of Florida, and shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of such State. tN WITNESS WHEREOF, ~e Principal and Surety have executed this BOnd in favor of Oblige¢ this ,2001. DIVOSTA AND COMPANY, INC. (Principal) day of [sm~i) INSUaANCS COM]'ANY O~ AMERICA] [OR] [ST. PAUL FIRE AND MARINE rNSUKANCE CO.] (S~e~) By:. By:. {MI695246;4} Agenda Item No. 8A April 27th, 2004 Page 37 of 119 WATER MAIN EXISTING 16' L-EXISTING SABAL PALM ROAD-/ EXIST1NG 8" D.I.P. FORCE MAIN- GRAND LELY VERONAWALK CDD ~I ii[ WATER MAIN ) ! CDD BOUNO.~md=~'Y · FUTURE WINDING CYPRESS · i" DEVELOPMENT 1 V[~O~AWAkK C~ EXHIBIT 4 - EXISTING INFRASTRUCTURE WiisdnMiller -'"' ' - ~'~*~'~.~~.Tr~~ 26,35,35 ~ril 21~ 2004 Z © © Agenda Item No. 8A April 27th, 2004 Page 39 of 119 GMP FLUE ONLINE FUTURE LANDUSE DESPRIPTIONS 6/22/01 Page 4 of 35 The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistdct comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. Maximum eligible residential densitY shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordanbe with the Transfer of Development Rights Section of the Land Development Code. " (IV) 2. Urban Coastal Fringe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Conservation Designated Area and the Urban Designated Area. It includes that area south of US 41 between the City of Naples and Collier-Seminole State Park, including Marco Island and comprises approximately 18,000 acres and 15% of the Urban Mixed Use District. In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation Designated Area, residential densities shall be limited to a maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per acre through provision of Affordable Housing and Transfer of Development Rights, and except as provided in the Bayshore/Gateway Triangle Redevelopment Overlay. Rezones are recommended to be in the form of a Planned Unit Development. The Marco Island Master Plan shall provide for density, intensity, siting criteria and specific standards for land use districts on Marco Island. 3.. Urban Residential Fringe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum density of 1.5 units per gross acre, subject to the following conditions: and are not subject to the Density Rating System: a. All rezones are encouraged to be in the fOrm of a Planned Unit Development; and b. Proposed development in the area shall be fully responsible for all necessary water management improvements, including the routing of all on-site and appropriate off-site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new development in the area. ---PAGE fg-- (IV) = Plan Amendments CP-2000.1 adopted by Ordinance No. 2000-87 on December 12, 2000 4. PUD Neighborhood Village Center Subdistrict The purpose of this Subdistrict is to allow for small-scale retail, offices, and service facilities to serve the daily needs of the residents of a PUD. The acreage eligible for Neighborhood Village Center designation an(t uses shall be sized in proportion to the number of units to be served, but in no event shall the acreage exceed 15 acres. The Neighborhood Village Center uses may be combined with recreational facilities or other amenities of the PUD and shall be conveniently located to serve the PUD. The Village Center shall not have independent access to any roadway external to the PUD and shall be integrated into the PUD. Phasing of construction of the Neighborhood Village Center shall be controlled so that it occurs concurrent with the residential units. The Planned Unit Development district of the Land Development Code shall be amended within one (1) year to provide standards' and principles regulating access, location or integration within the PUD of the Village Center, allowed uses, and square footage and/or acreage thresholds. 5. Business Park Subdistrict http://www.colliergov.net/planninWcomp Agenda Item No. 8A April 27th, 2004 Page 40 of 119 · -./GMPflueONLINEfuturelandusedescriotions.ht 6/12/2002 ,Ordinance 2000-025 Page 2 of 3 EXltlBIT 6-C ORtl~A'~(~ NO. aO00- 25 AH ORI)~ JtESCJh'DIZqO AIMI) R];PIC~.ZNG I~ 118 RNTII~TY COLLIr, R COUNTY OIIDIIMAN(Z~ NO. WHI{3I HAD THll ]CITr~T OF ~12N{{ F.~R-BASF, D O~ AN'A POLIOI3 AT 18$TJ~ ADMI~III'r]P, ATXOlq COMM~8iON CA~ NO. ~A~ HO. ~l AND ~~ ~O~ ~ (~Oi,r Count, pu~,~t m fkction I~.3161 rt ~,, F~ ~m~, ~ ltl wh~ .~dm~. ~o ~t m ~ DCA ~ In ~l~ ~ d~tne ~nnp~ ~ Rule 93-~; od WR~A~, on Dm~r ~) t9~7) ~8 ~A Is~M t~ Not~ of ~ntm ~n~ ~il of ~rdi~m ~ ~e C~~ ~ ~l ~~ ~eme~ ~ ~Kn6 ~dme~t h ~m~ian~ ~ ~~ t~be ~bF S~ 14, 199~ ~ Co~n ~t (OHIn~ No. ~ Ob3~ 1.2 ~ Po[i~ !,2,1 ~k l.l.4 of ~w4~r ~ ~h~ ~M oF~ PubRo Ft~iitte, ~ A0e~da item ~( OA ~prJl 2~t~, D04 Paoe 44 of 149 h~://~.clerk.collienfl.us/sc~pts~FWebLi~.exe/webli~rowser.h~doc=9223&~... 6/12/2002 · Ordinance 2000-025 Page 2 of 3 Z,~.3 e~ ~1~ ~ ~ ~ Ph~ (~Rin~e No. ~-~4); ~ ~s L1, 1.a, 12.1, ?.3, 9,4, 9,5 ~ ~1,6, ~ ~i~e I,L~, I.L~ l, L3, t,3,1, l~,l,~ ~d IZ.2.~ ~the ~~ ~ CoI~ ~~t ~e~: ~d PclI~ 3.1.d. ~ t~ ~ ~ Use ~~9, ~ 5~ 14, 1~, the ~o~ ~ ~mie~ ~t~ ~ ~ ~ 8~ fl~ ~r P~n ~ ~ ~qS ~ ~ ]4, 1999 ~ ~7, 19~, ~ ~ ~y ~op~ by ~~ ~ 8~b~ 14, )~; ~ W~g, up~ ~ ~om b ~ty, ~e DCA ]u~ ~ 1~ ~n8 ~ ~ p~[onl ~1~ 1997 ~~ ~~ ~t w~ ~ ~Ty ~ [~e ~ ~ CHo Page42of 19 h~://~.clerk.collier.fl.us/scdpts~FWebLi~.exe/webli~rowser.h~l?doc=9223&~..: 6/12/2002 Ordinance 2000-025 Page 2 of 3 FA. SS~,D AHD DtTL,Y ADO~"t'~,~ ~ ~Be~ ~t'G:m~C), CommisJ~e~e~ ~'Co~l?~ County, ,2000, Agenda Item No April 27th, 2( 8A ~04 Page 43 of 19 http://www.c~~rk~c~~~i~r.~~us/scripts/LFWebLink.ex~/w¢b~ink/br~wser.htm~?d~c=9223&ty~..: 6/12/2002 · Ordinance 2000-025 Page 2 of 3 Agenda Item Nc 8A April 271h, 2 )04 Page 44 of 119 http://www~c~erk~c~~~ier~Q~us/scripts/LFWebLink~exe/web~ink/~r~wser~htm~?d~~=9223 &tyl..: 6/12/2002 STATEMENT OF ESTIMATED REGULATORY COSTS FOR VERONA WALK COMMUNITY DEVELOPMENT DISTRICT PREPARED BY: RIZZETTA & COMPANY INCORPORATED 3434 Colwell Avenue Suite 200 Tampa, Florida 33614 (813) 933-5571 May 15, 2003 Agenda Item No. 8A April 27th, 2004 Page 45 of 119 II. VERONA WALK COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS TABLE OF CONTENTS INTRODUCTION PURPOSE & SCOPE VERONA WALK COMMUNITY DEVELOPMENT DISTRICT STATUTORY ITEMS A GOOD FAITH ESTIMATE OF THE NUMBER OF INDIVIDUALS AND ENTITIES LIKELY TO BE REQUIRED TO COMPLY WITH THE ORDINANCE TOGETHER WITH A GENE~ DESCRIPTION OF THE TYPES OF INDIVIDUALS LIKELY TO BE AFFECTED BY THE ORDINANCE Ao B. C. D. THE STATEOFFLORIDA COLLIER COUNTY CURRENT PROPERTY OWNERS FUTURE PROPERTYOWNERS A GOOD FAITH ESTIMATE OF THE COST TO THE AGENCY AND TO ANY OTHER STATE AND LOCAL ENTITIES OF IMPLEMENTING AND ENFORCING THE PROPOSED ORDINANCE AND ANY ANTICIPATED EFFECT ON STATE AND LOCAL REVENUES A. COSTS TO GOVERNMENTAL AGENCIES OF IMPLEMENTING & ENFORCING THE ORDINANCE 1. COLLIER COUNTY 2. STATE OF FLORIDA 3. THE DISTRICT B. IMPACT ON STATE AND LOCAL REVENUES A GOOD FAITH ESTIMATE OF THE TRANSACTIONAL COSTS LIKELY TO BE INCURRED BY INDIVIDUALS AND ENTITIES, INCLUDING LOCAL GOVERNMENT ENTITLES, REQUIRED TO COMPLY WITH THE REQUIREMENTS OF THE ORDINANCE AN ANALYSIS OF THE IMPACT ON SMALL BUSINESSES AS DEFINED BY SECTION 288.703, F.S., AND AN ANALYSIS OF THE IMPACT ON SMALL COUNTIES AND SMALL CITIES AS DEFINED BY SECTION 120.52 F.S. ANY ADDITIONAL INFORMATION THAT THE AGENCY DETERMINES MAY BE USEFUL PAGE Agenda Item No. 8A April 27th, 2004 Page 46 of 119 5 6 6 VERONA WALK COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS I. INTRODUCTION PURPOSE AND SCOPE This Statement of Estimated Regulatory Costs has been prepared as a component of the petition filed with the Board of County Commissioners of Collier County, Florida, to establish the Verona Walk Community Development District ("District") in accordance with Chapter 190.005, Florida Statutes CF.S."). Specifically, Section 190.005(1)(a)8, F.S., requires, as part of the petition, a Statement of Estimated Regulatory Costs prepared pursuant to Section 120.$41 F.S. A community development district ("CDD") is established pursuant to the Uniform Community Development District Act of 1980, Chapter 190 of the Florida Statutes, as amended (the "Act"). A CDD is a local unit of special-purpose government that is limited to the performance ofth0se general and special powers granted by the Act in its state created charter. Those specialized functions consist of the planning, financing, constructing and maintaining of certain public infrastructure improvements and community development services. As an independent special district, the CDD's governing body establishes its own budget and, within the scope of its granted powers, operates independently of the local general-purpose governmental entity (i.e., the county or the city) whose boundaries include the CDD. However, a CDD cannot regulate land use or issue development orders; those powers reside with the local general-purpose government. The Legislature has, in Section 190.004(3), F.S., made this clear by stating: "The establishment of an independent community development district as provided in this act is not a development order within the meaning of chapter 380. All governmental planning, environmental, and land development laws, regulations, and rules apply to all development of the land within a community development district. Community development districts do not have the power of a local government to adopt a comprehensive plan, building code, or land development code, as those terms are defined in the Local Government Comprehensive Planning and Local Development Regulation Act. A district shall take no action which is inconsistent with applicable comprehensive plans, rules, or regulations of the applicable local general-purpose government." PJ z ^ genda Ite rr¢~l~~ A..p ril 2 7'.Lfi'7 ."~.0.0"'4~- VERONA WALK COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS In addition, the parameters for the review and evaluation of community development district petitions are clearly set forth in Section 190.002(2)(d), F.S., as follows: "That the process of establishing such a district pursuant to uniform general law be fair and based only on factors material to managing and financing the service-delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant." Therefore, the scope of this Statement of Estimated Regulatory Costs is limited to a consideration of those factors pertinent to the establishment of a CDD as defined by the Legislature and outlined in Section 120.541(2), F.S. The purpose of Chapter 190, F.S. is to provide a third alternative for the provision of public facilities and services as a pre-condition for future development. See Section 189.415(2) and (6) ,F.S., and Section 163.3177(10){h) (the "concurrency" requirement), F.S. The CDD is a special purpose unit of local government that is established for the purpose of providing an alternative mechanism for managing and financing the construction of public infras~c~e. A CDD must be structured to be financially independent as intended by the Legislature. The cost of any additional public improvements 'to be constructed or any additional services to be provided by the county as a result of this development will be incurred whether the infrastructure is financed through a CDD or any other alternative financing method. These costs have akeady been evaluated by all appropriate agencies during the approval process for the development. The annual operations and administrative costs of the CDD will be borne entirely by the Dislxict and will not require any subsidy from the State of Florida or Collier County, nor will it place any additional economic burden on those persons not residing within the District. VERONA WALK COMMUNITY DEVELOPMENT DISTRICT The District will contain approximately 800 acres. The petitioner is exercising its authority, pursuant to Section 190.005 F.S., for the District to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain systems, facilities and basic infi'astmcture that includes, but is not limited to: water management and control, water supply, sewer, wastewater management, VERONA WALK COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS bridges or culverts, District roads and street lights, transportation facilities, parking improvements, environmental remediation and cleanup, conservation areas, parks and recreational facilities, fire prevention and control, schools, security, mosquito control, waste collection and disposal, or any other project, with or without the boundaries of the District, required by a development order issued by a general purpose local government which by operation of law applies to the District, or subject of an agreement between .the District and a general purpose governmental entity. If approved, the District will be authorized to provide these types of infrastructure improvements through special or non-ad valorem assessment revenue bonds. Repayment of these bonds will be through non-ad valorem special assessments levied against all benefited properties within the District. On-going operation and maintenance for District owned facilities is expected to be funded through maintenance assessments levied against all specially benefited properties within the District. STATUTORY ITEMS: Section 120.541 (2), F.S. (2001), defines the elements a Statement of Estimated Regulatory Costs must contain, as follows: (1) A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance; (2) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues; (3) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements of the ordinance; (4) An analysis of the impact on small businesses as defined by Section 288.703, F.S. and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S.; (5) Any additional information that the agency determines may be useful. 3 VERONA WALK COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS The estimated regulatory impacts for the establishment of the Dislrict are summarized below. A GOOD FAITH ESTIMATE OF THE NUMBER OF INDIVIDUALS AND ENTITIES LIKELY TO BE REQUIRED TO COMPLY WITH THE ORDINANCE, TOGETHER WITH A GENERAL DESCRIPTION OF THE TYPES OF INDIVIDUALS LIKELY TO BE AFFECTED BY THE ORDINANCE. The individuals and entitie~ likely to be required to comply with the ordinance or affected by the proposed action (i.e., adoption of the ordinance) can be categorized, as follows: A) The State of Florida and its residents, B) Collier County and its residents, C) current property owners and D) future property owners. A. THE STATE OF FLORIDA The State of Florida and its residents and general population will not incur any compliance costs related to the establishment and on-going administration of the District and will only be affected to the extent that the State incurs those nominal administrative costs outlined in Section 2. A. 1 below. The cost of any additional administrative services provided by the state as a result of this development will be incurred whether the infrastructure is managed and financed through a CDD or any alternative method. B. COLLIER COUNTY Collier County and its residents not residing within the boundaries of the District will not incur any compliance costs related to the on-going administration of the CDD other than any one-time administrative costs outlined in Section 2. A. 2 below. Once the District is established, these residents will not be affected by adoption of the ordinance. The cost of any additional administrative services provided by the county as a result of this development will be incurred whether the infrastructure is managed and financed through a CDD or any alternative method. C. CURRENT PROPERTY OWNERS The current property owners of the lands within the boundaries of the proposed District will be affected by the proposed ordinance to the extent that the District issues debt for the construction of infrastructure, undertakes operation and maintenance responsibility for that infrastructure and levies assessments for 4 April 2~ VERONA WALK COMMUNrrY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS repayment of such debt and operations and maintenance of such infrastructure. D. FUTURE PROPERTY OWNERg The future property owners are those who will own property in the proposed District. These future property owners will be affected by the proposed ordinance to the extent that the District issues debt for the construction of infrastructure, undertakes operation and maintenance responsibility for that infrastructure and levies assessments for repayment of such debt and operations and maintenance of such infrastructure. A GOOD FArrH ESTIMATE OF THE COST TO.THE AGENCYs AND TO ANY OTHER STATE AND LOCAL ENTITIES, OF IMPLEMENTING AND ENFORCING THE PROPOSED ORDINANCE, AND ANY ANTICIPATED EFFECT ON STATE AND LOCAL REVENUES Ae COSTS TO GOVERNMENTAL AGENCIES OF IMPLEMENTING AND ENFORCING THE ORDINANCE 1. Collier County (The "Agency") Because the CDD encompasses less than 1,000 proposed acres, this petition is being submitted and filed with Collier County (i.e., the "Agency" under Section 120.541(2), Florida Statutes) for approval in accordance with Section 190.005(2) Florida Statutes. The Agency may incur certain one-time administrative costs involved with the review of this petition. To offset these one-time administrative costs, the petitioner will submit a filing fee of $15,000 to Collier County. Once the District is established on the proposed property, Collier County will not incur any quantifiable on-going costs resulting from the on-going administration of the District. As previously stated, the CDD operates independently from the county and all administrative and operating costs incurred by the District relating to the financing and construction of infrastructure are borne entirely by the District. The District will submit, for .informational purposes, its annual budget, financial report, audit and public financing disclosures to the County. Since there are no legislative requirements for review or action, Collier County should not incur any costs. The Agency may, however, choose to review these documents. Page ,.51 of 119 VERONA WALK COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS 2. State of Florida Once the District is established, the State of Florida will incur only nominal administrative costs to review the periodic reports required pursuant to Chapters 190 and 189, F.S. These reports include the annual financial report, annual audit and public financing disclosures. To offset these costs, the Legislature has established a maximum fee of $175 per District per year to pay the costs incurred by the Special Districts Information Program to administer the reporting requirements of Chapter 189, F.S. Because the District, as defined in Chapter 190, F.S., is designed to function as a self-sufficient special-purpose governmental entity, it is responsible for its own management. Therefore, except for the reporting requirements outlined above, or later established by law, no additional burden is placed on the State once the District has been established. 3. The District. The District will also incur costs for operations and maintenance of its facilities and for its administration. These costs will be completely paid for from annual assessments against all properties within the District benefiting from its facilities and its services or fees and charges levied for use of its facilities and services. B. IMPACT ON STATE AND LOCAL REVENUES It is anticipated that approval of this petition will not have any negative effect on state revenues. There is however, the potential for an increase in state sales tax revenue resulting from a stimulated economy although it is not possible to estimate this increase with any degree of certainty. In addition, local'ad valorem tax revenues may be increased due to long-lasting increases in property values resulting from the District's construction of infrastructure and on-going maintenance services. Similarly, private development within the District, which will be facilitated by the District's activities, should have a positive impact on property values and therefore ad valorem taxes. In addition, impact fee and development permit revenue is expected to be generated by private development within the District and, accordingly, should also increase local revenues. Lastly, some express a concern that a District obligation could become a state or county obligation thereby negatively effecting state or local revenues. This cannot VERONA WALK COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS occur as Chapter 190 specifically addresses this issue and expressly states: "It is further the purpose and intent of the Legislature that no debt or obligation ora district constitute a burden on any local general-purpose government without its consent." Section 190.002(3), F.S. "A default on the bonds or obligations of a district shall not constitute a debt or obligation of a local general-purpose government or the state."Section 190.016(15), F.S. In summary, establishment of the Verona Walk Community Development District on the property proposed in the petition will not create any significant economic costs for the State of Florida or for Collier County. A GOOD FAITH ESTIMATE O1~ THE TRANSACTIONAL COSTS LIKELY TO BE INCURRED BY INDIVIDUALS AND ENTITIES, INCLUDING LOCAL GOVERNMENT ENTITIES~ REQUIRED TO COMPLY WITH THE REQUIREMENTS OF THE ORDINANCE. The transactional costs associated with adoption of an ordinance to establish the District are related to the financing of infrasU'ucture improvements as well as the management, administrative, compliance and reporting functions. The District will determine what infrastructure it considers prudent to finance through the sale of bonds. Once the decision is made to issue bonds it is expected that assessments will be levied against specially benefited property within the District. The revenue generated by payment of these assessments will be used to repay the bonds. The obligation to pay the assessments will "nm with the land" and will be transferred to new property owners upon sale of any portions of the property. To fund the cost of maintaining infrastructure that the District ma'~tains, operation and maintenance assessments may be imposed on the District property. As with the special assessments for infrastructure acquisition and construction, the property owner will be responsible for payment of these assessments on the basis of the assessment methodology. All persons choosing to acquire property in the District will be responsible for such assessments in addition to the taxes or assessments imposed by Collier County or other taxing authorities. In exchange for the payment of these special assessments, there are special benefits to be derived by the furore property. Specifically, property owners can expect to receive a higher level of services because they will elect the members of the Districts' Board April 2~ VERONA WALK COMMUNITY DEVELOPMRNT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS of Supervisors. Further, the District is limited in jurisdiction and responsibility to this single development. Therefore, the District should be extremely responsive to the needs of the property owners within the District. AN ANALYSIS OF THE IMPACT ON SMALL BUSINESSES AS DEFINED BY SECrION 288.703, F.S., AND AN ANALYSIS OF THE IMPACT ON SMALL COUNTIES AND CITIES AS DEFINED BY SECTION 120.52 F.S. Establishment of the District on the proposed property should not have any negative impact on small businesses. Any business, large or small, has the option of locating in a community development district provided the generalpurpose local government has issued the appropriate land use approvals. Those that choose this option will be subjected to the financial obligations imposed by the District and will accrue the benefits resulting from being in the District. Furthermore, the District must operate according to Florida's "Sunshine" laws and must follow certain competitive procurement requirements for certain goods and services it will purchase. As a result, small businesses should be better able to compete for District business serving the lands to be included within the District. A CDD docs not discriminate in terms of the size of businesses that can be located within the boundaries or transact business with the District. Establishment of the District should have a positive impact on the small businesses of the local economy. As outlined above, success of the development should generate increased employment and stimulate economic activity in the area through increased construction expenditures related to infxastmcture and private development, thus providing enhanced opportunity for small businesses. Collier County is not defined as a small county for purposes of this requirement. In addition, establishment of a CDD should not have a negative impact on small cities or counties, because the cost to construct the infrastructure is borne entirely by the property owners within the District. April 2~ Pooe .~A of 1 1 _q VERONA WALK COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS ANY ADDITIONAL INFORMATION THAT THE AGENCY DETERMINES MAY BE USEFUL Certain data utilized in this report was provided by the developer/pedtioner and represents the best information available at this time. Other data was provided by Rizzetta & Company and was based on observations, analysis and experience with private development and other Community Development Districts in various stages of existence. 9 April 2~ IN WITNESS WltE~OF, the undersigned has prepared this document and delivered as of the date set forth above. WITNESSES: RIZZETTA & COMPANY, INCORPORATED, a Florida corporation Address: 3434 Colwell Avenue Tampa, Florida 33614 STATE OF FLORIDA coum~ OF The foregoing instrument was acknowledged before me this / ~ day of May, 2003, by ~'~l~_~.,-,. '3'..~.,~_,:~-r,~ , as np~..~,~'-,e-r of RIZZETTA & COMPANY, INCORPORATED, a Florida corpom-ti(~n, on behalf of the corporation. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State oY~.J~rida. · - ...... ~-u,,.~ -3'. Copt · Print Name: J My Commission Expires: My Cornn~sion I'-~;~., . ' , " t,~ ~. cox Agenda Item No. 8A April 27th, 2004 Page 56 of 119 R~ZZ~,~WA & Co ~a~ COMPANY PROFII.E -I 3434 Colwell AvenUe Suite 200 .Tampa, .l~lOrida 33614 (813) 933-$571 - Telephone (8!3) 93S-6212- F~imi~ April 2003. Agend~ Item N0.'8A April 27th,' 2004 Page 57 of 119 - 1. FI~N'ANCIAL ADVISORY ' 'Admlnh~. on [ (~omptlM~U ] :C. DISTRICT ~$'i~ABUSHMENT- Prepare the Statement Of Estimated Regula~ory.c"~..as required by Florida Statute.for inclusion in the.petition tc~ creme .a CDD. AR.end public hearings. .and provide testimony, as. necessary, that may be 'required for gov ,emro. 6ntal.apl:Ko. .val.. '. BOND FINANCING 2 Develop ihe asSessment'methodol0gy for: allocating 'the benefit and cost of improvements funded by District issued bonds, assist in determining the fiiumcial, structure and other matt.ers re.la, ted to the planning offthe issuance and delivery 6fthebonds and.provide eXPert testimony'at the required bond .validation hearing; ..To date, 'the firm has been involved With 95mCCessful bond dosings-in'42Districts through°ut the.State of F!orida-totaling over COLLECTION AGENT, Collect and monitor'pre;payment 0f asses .sments, issue fien rel~ ~l/o.n receipt.of required assessments and assure delivery, of payment to the Trustee'.' Prepare. periodic-fep0rts tO Trustee and-tO bond.underWriters regarding the statUs.oflot.closing~ and collections. Agenda Item No.'8A April 27th, 2004 Page. 58 of 1-19· .D.'.. ASSESSMENT. ROLL - Prepare and 'certify th~ ~ual assessment.roll to County Property ApPraiser and Tax Collector to'include required assessments on property.~ax bill. p~epare manual invoices for ..and monitor collection oi~annual aSsessments, to properties.that.the annual. assessment .i~ not' included, on the tax roll,. 2.' DIsTRIcT ~AGEMIgNT .. A.. _ACCOUNTING- Perform a%0untinS, bookkeeping,, cash r%d'pts and di~ts' and reportins functions-for Districts. Maintain. all.DJ .miCt 'a.cCoUnting records and :prepare and distribute monthly financial statements.. " : B.. BUDGET.lNG - WOrk i~. conjuhction with'the District's'Board of'Supervisors to prepare a~- monitor the annual operations and maintenance Imdget for the'DiStrict,` - C. ADMINISTRATION -. Rtin. board meetinssi pUBlish notices,, r~:Ord "and distn-bule.mimiies, maihtain.DistriCt reCords and files and '.I~orm all other administrative ~un .c[i.'oTM neCessar~y for .efficient DistriCt management.' ' ' . ' ' "D.' .MAINT~ANCF~'Coordinate'activities of third party 'maintenance providers and oversee maintenance'func~ion-for'comlxion areas and facilities. .. : E. CoMPLIAnCE-:-' Ensure that DiStrict is. in compliance with' .state illin8 requirements, legal publicati0nsof all.meetings, nofice:requirements,'guidelines for bidding for services and pu. blic disclosure re!tuiremc, nts. .. 3. IAWESTMIgNT MANAGEMENT- INVESTMENT POLICY - Establish investment policy based on cash requlremmts, .investm~ go.~ls and n'sk tolerance of the. DiktriCt~ - -... I~E$1~AR'c-'H- Evaluate app~:oPriate investment seC"ti~ that are~on~iSten~'Wiih the Di~crici's investment policy, the T.rust Indentm:e and festri' ,cti0ns OUtlined by state lawj- .. --' ACTIVE MANAGEMENT. Match DistriCt's-cash flow ne~:IS'-with th~ ~ties 0~'th, investments hi order to achieve maximum returns. ' ' ' IRE-PORTINC~ Report; on a Period{.'.c b~is, portfolio, results to: the Distfict!s Board of Supervisors. ' ' ' - .C. Agenda Item No. 8A April 27th, 2004 · .. Page 59 of ·119 -3 ArVida MAJOR CLIENTS' Lowe/Palm Coast, InC. · Atlantic Gulf communities, ' M/I Homes, Inc. Brighton-Homes, Inc. Brooksville.Development Corp.' Medallist Golf Developments Newland Communities centex' HOmes Cr6wn Companies DEVCO Disney Development Genstar Land 'Company Pulte Homes, Inc. Ryland Homes St. Lucie West Development Shimberg C.ross Company. - South Star DeVelopment Lake Nona Land. Company L'andmar Developers Lindell 'Investments, Inc. L0chmere Development Company Terrabrook. The Ginn company U.S; Homes/Lennar Development 'WCI 'Communities, Inc. -Agenda Item No. 8A .April 27th, 2004 -Page 60 of 119 I t ! -":' .. Rizzetta-& Company;.~corPorated.. - · . - . .. . .... . .-.'$ .ummary of DiStrict .Clie.' nts and Se.r~i,ces - . IJenneg ~'eekResor* Orange · ·, .. · Osceola. __.~___~k. -. ~~ · · - .e · · · -, · ~~'. ~~' '0) '- " - .0)' ~~' ' ~: ' e. · "' .e ..... ~wk.~ . ~~-- · .... . e'- · "' '-' ' · ". · ., G~k~.. ... M~. .. ~' o · . ':o. ., ~ - ,o .. .. ~ ' '. ~~.. " · .' · · e- I. · 'e ~,~,'~. '. ~~. ' · "o · -e ... · ~~ ' ~' ?~ · ." ' ' · 6' o." · .- · ~~' ~ · · .. , · '. e o' o' " ~:P~' --' '~ ' ". ' · . 'o.': : Agenda Item NO.. 8A .April. 27th, 2004 Page 61 of .119 Agenda Item No': 8A April 27th, 2004 Page 62- of 1-19 ~Zetta & ComPany, Inc. Communi~' Development-District Bond Financing Flemi~ Island Planlation -6'- i' --I B~y: HillSbOrough Tampa Pa~ns ~v~ p~ Tra~ ?inelins · Manatee. Sarasota.. . Bobcat Tm~ Financing In 'ProceSs Chn~lotte" H~f .~e.Osk Psrk · .. lqag!er ' Graad Haven '.Orange. ,St. Lucie '.-. ~:L .~-~. ,v~... Item No. 8A April .27th; 2004 Page 63 of 1'19 [. "- Rizzetta &.:COmpanY, Inc':' ' Community DeVelopment. Bistricts Under Management. Heraando .' s .~h~, Manatee - .Tarfa Wated~.' (1)' pendiag Local 'Government Approval. - . Green~.Way - BOggy Creek ':': ' Polk ' -" ~da Item No.'8A April· 27th, 2004 Page 64 of 119 . .RiZze.tta & Company, Ineovp0rated Bob~at'Tral. Brighton ~k. eS - " Bo]met C~ Resort :,' ~Bonna Ct~k P, eson. .Cclebrag0a C~I e,l~timl -' WeSt ' Cory Lakes Ec/itage Hater -Hemage Isles H. erilag¢'Isles.. Hea4ia~e oak.Pail ·'~in~borou~ F~ill~0rough samsot~.. Sarasota 'Osccola- .Orange. OsceOla - :. Hfllsboro~g HillsbOrough FTdlsb..orough HilLd~omus1 I-~al~boroug~ Pi~cllas Clay Polk Flaglt~: 1996 -. :ooo · 1997'.. 199'9 2002 : 'i997' 1999 :002 2003 1998. 1992 1995 i996 1997': .(1) 2oo~ (1) "1999 1996 1996 20oo 2000 2000 1994 1997 1997 2002' (1) 2002 2ool 2oo2. 1997 1998 2ooo. (2) 2oo2 S17,285,000 s!o~o~oo, slo~.4s,OO0 s~os~oo ' $14,120,OO0' .sn,ooo OO. $19,365,000 - ' SlL04S~000 ' $6,0~5;000 . sis~so,00o.' - . s2,o. oo~0oo..' . S~,4O0,000 s~2.34~;ooo $9,940,000 ' -' $4~?~,000 ' $8,135,000 ' $1~040,000- $9,.160,.OO0 $27,44~,OO0. $9,100,000" ,. $~4.~sgs,ooo-. $~6,i40-~oo. :$~;4OS~ooo i'$8,89o,ooo Agenda i'tein N~. 8A April 27th, 2004 _ "Page 65 of 119' · Rizzetta & Company Incorporated ..'. Snlnmn~ 'of Bond Finan _cings .... Lon~f Meadow ¥Ointe . Meadow Poime' Maidow Point¢ M~dow Poime 1I iviCadow Poi~ II Meadow,Poinie II ' M~low P0i~te m MeadOw Pbint¢ IH: NeW Tampa NorthwOOd · Panther TraCe ?ad.ay Eetmion East pasco' . Pasco Pasco P~o' Palco Pas~ Hillsborongh ~ill~ro~ p~ P~ ~ill~r~. ~ls~rou~ . ,~H~orou~ 0~ O~la 20OO 1998 2000. 20O2 1999 1~2 1993: 1995. 1999 i995 1996 i998. 2000 200I' 2001 1997' 1999 1995 1997 2002- 20~ -.20O3 1990 2001 .,SS;O00,OO0. . _ss,oso;o~o' · s~o,1~,o0o.. $9,280,000. $i9,o3o,ooo-. ... ' 511,~00,000 ._ $7~870;000 (i)- '-_ ss;6~s,o0b s~6,o~.,,0oo s~9o,oob - .sz,6zb,ooo_ 81~,z35,0oo $4,660,000 $5,930,000 $.6,265,000 $~7,Z30;000 ss~38o,0oo s4,s~,oo0. $6~740,000 . . · 0). $~,~o~,o00'- (~) s~o~)0o,ooo '$73~620,000 Agenda Item' No. 8A 'April 27th, '2004 . Page 66 'of 11.9 '0) St.'Lmeie St: Lude :' st. Lueie St. L~eie St Lucie St ~e SL L~e. St Lude- P~ 2001 1993 t 1995 1997 i998 ._-." i99~' 1999' 20O0 200O 2001 2002 2003'. 2000. 1986 1987.' 1994 .2000. 2002 1996 1997 (2) ~Ond ~..,ipmoa .(D .(!) · $7,420,000 ' - ~,.110,000. . S3,720,000 s6~o., .-0oo $9,11i0,o0o $~170,000 $16,8o0~000 $$~62o,oO0.- sxT,s?s,og., o' $22,9S0,000: $8,760,000 $11,720,000 $20,120,000 S~,.920,000 '; $4,440,000' $L~o~2~,ooo., Agenda !tem No. 8A April 27th, 2004 P. age 67 of 119 . ..' 'PERS.' ONAL ~'ROFiLi~s-' wmr' n J:'mZz rXA WII,I,~. Ji .RIT, ZETTA- 1~ more-than 20 years ~ management and' financial' adminiSti'ati°fi experie~, in. both the tmblie/and private sectors, Prior to forming Rizzetta'& Company in 1~$6, ho' ..was empl'oy .ed' :by'. Tampa Electric Company and-the HillsbOrough · Coimty Planning' Commission:.: Hb attended the UniversiiY'of SoUtbF16fida and re%i~'ed a · Baehelog. s Degree from .the. College of Engineering.in 1975 Md a Master's'Degree in Business Administration in 1978.': ' · .' ' 'Mr,: I~i~.etta.tia~ been. qualified as' an' expert witness :and has provided testimony at: bond ..validafi0fi heafifigs;'adminis, trative .'hearings'c0ndueted by the. state of Florida; .and local. publie"h~4ngs.requir .ed'Tor ezeation of CDD's :arid special assessment-taxation.. In-addition, - -.'be'has provided'.testimony in litigation regarding-impact fee'a.ssessments and lias been directly involved in'-the: preparation': of testimony'for Florida Public S6rviCe Comrhission...rate ' adjustment' hearingsr .,. " ' M~: Rizzetta'has'prOvided. financial advisory and baanag.ement.s .orvices f0t the establishment and -fman/zing o£.Community DeveloPmem Districts throughout' Florida,.'His services have ' been utilized, in the.financing of over $!Billion 0t:in~ra..strUcture'imProvements.' -- In ~lditioa,-Mr. RiZzetta !ms served'on a'vaflety :of' committees.'during his eareerin¢luding tWO.-aPpointmcnts ~0 the I-fillsborough :County. Gbvernm6nt EffiCiency Management. Study Co~: -ASa -member of ~he..Bi~ilders Assoeiation of Greater Tampa he 'ha~ 's~ved on ' committees regarding.CommunitY DevelOpmentDistfi'cts, impact Fees, Building Permit Fees, : Comprehensive Plan R~view and Capital Impr6vements. Agenda l[em No. 8A April 27th; 2004 Page 6'8 of 119 'JOHN MeKAY has ov~ i6 'years experience in commercial banking;' real estate ~nd public 'accoufi{ing-and is"respons~le for ~he..'F!nancial. A~ivisory functions including the-development : . Of. assii~smenl .ailbcaii0n' ,.~hethodol0'gie~;'performhiace of c~llection agent'.'chit'ies' 'b.~! the " "certification ofa~sessment rolls to i~ovcrnme, nt.agencies. Prior.lo joining .Ri~?etta Sc'. C-~mpany in' luiY 'of 11999, JoI-m was a' Part of.the C°np31ting prac~Ces. of. a.. national and a. Iocal.'public accounting· ' f'u'i;a- and 'Participated in, :a ;varii~ Of fin .ancial- adviSOry ..COnsulting 'and. audiiing,.engasementsl iricluding bahkruptcy, 10.st profits analysis; ,troubled -.company. Cask' fiow~" business vaiiiati0ns:-'and- mergers'& acquigition anal~ysis." In:additi0n. tO real-estate,'joim's industry experience .inclUdes m'anufactu~g, ]: h~al{hc,ar~;..mm-.t/eting an&a.griCUtture: .-- . John received'a F~ance degree.from Auburn univei;sity arid lm ACc6tmting degree"from the j Universky 'of' South Florida. He is' a licensed: Certified .pUblic .Accountant in 'th~ 'State 'of' Agenda I.tem No. 8A A, prit 27th, 2004 Page 69 of 119 t I: I PETER WrLr~AMS -13- 'Fi PETER' WILI,iAMS,-has: more than 14 years experience, in managing various types o.f Communities/.-: . H~ ' has;. managed · Comm."tmity,' Development Districts, ' HomeoWners' Assooialions and Condominiums. Prior t0 coming'to'.Rizzetta & Company, he waS the Vice Preiideni and Diri~'tor of.Management for.a firm that managed-80.Plug:c0mmunities .with ' more than '12~0~..0' Um'ts..Prior'to his career in'Co, mmunity Mmmgemen$,. he..'was' a retailing ~execo~i~te' with such companies as the. Southland Corporation :and' Rite~Aid Drugs.. Mr. Williams 'holds a Bachelors of science degree from We~t. ern Ill.inois university 'in Criminal · 3ustice, : -." 'Mr. Williams'is cxperienc(~d in.alt.areas of COmmunity· Management ,from administration to -'fi~l'd 0pera~tion~. His'.'experience-ra~ges from ~mall 50 Unit co_ntmu, niti. es tO 4.00 unit,. !uxu~y' -water fmnt.condomini~ims/with annualbudgets in excess of 2 million dollars. Mr, 'WilliamS has als0 qualified as an- ex-pen, witness and. pr°~ded iestimony., in 'various .types '.of, court action, 'inclUding' bOnd' validation hearings, along"with Various Other administrative h~'ings on ihe local: governmental level. Age.nda'ltem'No. 8A April 27th, 2004 Page 70 of 119 s szI O o NICHOLAS STASZ[KO '-has- over 20 years of experience in growth, management and land ~use' policy in both 'the.public and priVate'seCtors: Mr. StaSzl4o received, a. Bachelora Degree in "EcOnomics. fr0m St~ts°n Universi~y',i~'.lg$0. and' a MaSt'ers Degree .in.' url~an and'Regional Planning fi.om the University 0fFlorida..in 1984.. Prior'to joining' ~a'& .C0mp~my, Nick'WaS'the C~'..~Unity Development Director. f~or a :muni~ipalit[y in.west~central i:lofida...: In thi~ c~acity NicgWaS msp6~sible for. administering . and' .e .nf0. r'cing.'the mu,.~ci~iw~..~COmp~e'her/si, ve:. p,lan, land-.develop..ment c~de. 'add. bail'ding . .' c?.d,e;.'an, d..~.wor!di3, g W~h.'the develOpment, community through ..~e'.'approval..of, plans and 'NicB tiaS'pmvided testimony cbnCemin$,eminent doiiiai~.p~OCee~i~. Ss and land Us.~ isSUes, has 'iprepared :redevelopments plans and reg~.l.a, tions~, a~d has managed pr°ieCts as diverse as red.cvelopment,' capital construction, municipal, park- construction .' and :'Petitioning. ~or the establishment ofamunicipal charter-middle schOOll Nick. has' served:On a Vm~iety of cornmftte.es during his caree~ and holds, membership With the Anierican planiiing Association and 'the' .American InsfituteofC ,~ed Planners.. Agenda Item N0.'8A April 27th,' 2004 ,Page 71 of 119. - - sTACEy L; THOMAS · sTAcEY' L, THoMAs. has.'~ver: $ '_years of exPerience-in .PUblic aCCOunting, non' profit' "acco. tinting, and' management...stacey' attended' Indiana. U!fivei~ity. where she Obtained a Bachelo~ s-Degree.in Accounting.. ... Prior :to' ~joii~g 'Riz~tta &:'-C~h~p~ny, .$tac~y was. the' A~$i~ant; c0nti'otler for':a' private · .Uni¥*r~ity m~/mi~8'-all:of...tl~'ac~unti~ funcfiom, which indtM~l firmncial' ~*Porting,~t.ax repoffing,. ,and'-specific ~ort' package- f6c the. Board:0f-Di~ectors. In adrlitioi~ .. Sta'cey has audit ~Xl:~ence inth~ iff .du~tri~ of manufaCtUring; health mrs, arid non Profit :0rganizafi°n~. Di~trict~:imdetmanag,meni and tl~ daily aCCOuntin~ function,.. .· Agenda Item No. 8A April 27th, 2004 Page 72 of. 119' VERONAWALK COMMUNITY DEVELOPMENT DISTRICT JOSHUA R. EVANS, P.E. Engineering Considerations Establishment of Proposed Veronawalk Community Development District My name is loshua R. Evans. By profession I am a Professional Engineer registered in the State of Florida. Att~iched is my resume. My job is to raise and discuss engineering aspects and consequences of proposed new community development projects in general, and the various alternatives for the delivery of basic infrastructure to community developments. This includes the use of the specialized governmental entities known as Community Development Districts for the provision of basic infrastructure. Regarding the Veronawalk Community Development District, wh/ch would provide infi'astructure to The Veronawalk Development, I have assisted in the preparation of the Petition, its required exhibits, and additional information pertinent to the engineering consequences of establishing the District. This document constitutes a summary of the engineering consequences of establishing the District on the identified property in the County. The general law which creates the charter of the District requires information which must be contained in all petitions, as required in the uniform establishment procedure set forth in Section 190.005, Florida Statutes. The Petition with its attachments estabhshes initial information on the record and triggers the process which results in an ordinance establishing the District on the legally described property, pursuant to Section 190.005 (1)(a), Florida Statutes. The Statute then requires pertinent information as to the six factors which must be considered by the Petitioner, the County District Processing Team, and, ultimately, the members of the Board of County Commissioners of Collier County in establishing the District, pursuant to Section 190.005(1)(e)1-6, Florida Statutes. ~51 g-O~O- - 0 Page 1 Agenda Item No. 8A April 27th, 2004 Page 73 of 119 This document addresses the engineering aspects of not only the information in the Petition and its exhibits, but also the information related to consideration of the six statutory factors. I have reviewed the engineering consequences of establishing this District with the assumption, for the edification of the County staff and elected officials, that the District would exercise all of the systems, facilities, and services it is empowered to provide as basic infrastructure to the Community development under both subsection (1) and (2) of Section 190.012, Florida Statutes. Extfibit 5 is also consistent with this point. After reviewing the Petition and its exhibits, I used the six factors as a guide for my engineering considerations in order to determine whether a particular problem specific to Collier County and the District is identified and the factors are presented out of order for more logical presentation. I have also anticipated questions and concerns oriented specifically toward Collier County near the end of this document. FACTOR ONE Regarding creation and establishment of the District, my duties were to inspect the site within Collier County where the District is proposed by petition to be set up. I also helped prepare the Petition and its attachments from an engineering perspective. In my opinion, as an engineer, the Petition and its attached exhibits are true and correct. Special Problems No special engineering problems were evident during my review. FACTOR TWO Page 2 Agenda Item No. 8A April 27th, 2004 Page 74 of 119 Although not direc, tly my responsibility because I am not a planner, I have reviewed the State Comprehensive Plan from an engineering perspective. I have found nothing in the State Comprehensive Plan with which creation and establishment of the District would be inconsistent. Furthermore, I have reviewed the Collier County Comprehensive Plan and have determined there is nothing with which creation and establishment of this District would be inconsistent. My work assumes for analysis purposes that the District, on this property in Collier County, will exercise any and all of its special powers as set forth in its charter, Section 190.006 - 190.041, Florida Statutes. I have also considered the six factors in Section 190.005(1)(e) 1- 6, Florida Statutes, in the light of all the District's special powers to determine whether any specialized problems presently exist on this property in Collier County, or will evolve from the establishment on the proposed property of the District as created by Law. CUrrently, the Petitioner proposes to ask the Board of Supervisors of the District, once established, to provide certain specialized systems, facilities and se~wices as basic infrastructure to the community development. However, once again, I have reviewed establishment of this District, from an engineering perspective, on he assumption that the district will exercise all of its powers under Section 190.012 (1) and (2), Florida Statutes. Preliminary to all of my work, I have reviewed the actual physical property to be included within the District. Regarding enclaves, I note that none exist or are proposed in the legal description of the District. Special Problems: No special engineering problems were evident during my review. FACTOR THREE Page 3 Agenda Item No. 8A April 27th, 2004 Page 75 of 119 Having reviewed the property, in the light of the special powers available to the District, I then considered statutory Factor Three, which deals with whether the area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. From an engineering perspective, a "community" is a residential, commercial or industrial community, or a community made up of a combination of uses. It has an infrastructure system which has certain engineering functions. All of these infrastructure systems must be designed and constructed so that their operation does not conflict with other services. These services also interrelate because they are necessary in combination to provide for the health, welfare, benefit, and enjoyment to the service users within the community. The term "functionally interrelated community," from an engineering perspective, means a community which provides systems, facilities and services in a consistent, reliable, and cost effective manner. The size of the land area is important in order to determine whether the proposed community development can functionally interrelate, from an engineering viewpoint. Having reviewed the size of the land area in question, I have determined that it is 785 acres, more or less. Tl:fis acreage, in my professional opinion, is of sufficient size to provide for a functionally interrelated community development, which could be serviced by a Community Development 'District. From an engineering viewpoint, the word "compactness" means the lands within the community are situated such that the systems, facilities, and services can be provided in a functional and cost effective manner. In reviewing the land area for the proposed community development, I have determined that it is sufficiently compact because based on my experience Agenda Item No. 8A April 27th, 2004 Page 76 of 119 Page 4 with similar development, the community systems, facilities, and services can be provided in a functional and cost effective manner. As an engineer, I understand the term "contiguous" to mean adjacent and abutting. After analyzing the proposed layout of the community, it is my opinion that the land area of the District is sufficiently contiguous to have its systems functionally interrelate in an economical mallner. In my opinion, reviewing the land area involved, I determine that it is of sufficient size, is sufficiently compact and is sufficiently contiguous to function as an interrelated community development itself. Special Problems: No special engineering problems were evident during my review. FACTOR SIX Factor Six is addressed next. It deals with whether the land area to be serviced by the District is amenable to special district governance. Having determined, by applying the information relevant and material to Factor Three, that the land area is of sufficient size, sufficiently compact and sufficiently contiguous to be a functional interrelated community development, the question now arises whether the land area and its community development are serviceable by the District. The Statute uses the term "amenable." From an engineering perspective, this term means the area can be adequately and economically served by the District provided systems, facilities or services. The key factor is to determine if there are economies of scale by providing the required and desired services through a Commurfity Development District. Is the land area too small to obtain the benefits of a District even though it is not too small to be permitted as a new community? The answer is that since the Page Agenda Item No. 8A April 27th, 2004 Page 77 of 119 land area, based on the proposed layout of the community, is sufficiently compact and .contiguous to efficiently provide services, its size does not limit or render it incapable of providing significant economies of scale when governed by a special district. In my opinion the land area in the District is amenable because of its size and the proposed layout of the community. Also, there are no existing or proposed land features, facilities, encumbrances or restrictions that would make the services and special capabilities of the District difficult or inefficient to provide. Special Problems: No special engineering problems were evident during my review FACTOR FIVE Factor Five should be considered next. It deals with whether the District would be incompatible with any community development systems, facilities or services, either existing or authoriZed. From an engineering perspective, I understand the term "commun/ty development services or facilities" to mean those infrastructure providing use, benefit, and enjoyment to the users of the services or facilities. In reviewing the site, I have determined that the community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. Regarding the District facilities, systems and services, I view the term "compatibility," as an engineer, to mean the District provide facilities, systems, and services can be integrated into adjacent existing facilities, systems, and services without significant loss of function or economy. In my opinion, establishment of the State District created with its systems and facilities will not be incompatible with all of the existing or future authorized local and regional systems, Agenda Item No. 8A April 27th, 2004 Page 78 of 119 Page 6 facilities and services. There will not be an overlap or duplication of services. The services provided by the District will augment and improve those provided by Collier County and its special districts. Special Problems: No special engineering problems were evident during my review FACTOR FOUR It is now logical to review Factor Four. I must consider if the District will be the best alternative to provide the required and desired services and facilities to the proposed land area on which the District is to exist. There are three major public and private alternatives for the provisions of infrastructure systems, facilities, and services to proposed functionally interrelated community developments. Purely private alternatives include a developer and a homeowner's association. The first public alternative is a Community Development District. The other public alternatives include the County, County management with a Municipal Service Taxing Unit (MSTU) or Municipal Service Benefit Unit (MSBU), County dependent special districts, and other local dependent districts and any regional districts. In reviewing these alternatives for the particular land area in question in Collier County, I reviewed the availability of existing services, the effort and cost required to extend service to the community development, the cost of providing daily service, and the long term level of management and maintenance required for the systems, facilities and services. From an engineering perspective, although Collier 'County has decided under most circumstances to provide water, sewer, and irrigation services through a dependent district, or independent purveyor, the County has not determined to provide other infrastructure to Agenda Item No. 8A April 27th, 2004 Page 79 of 119 Page 7 community developments. The County is not, in my opinion, the best alternative to provide those other systems, facilities and services from an engineering viewpoint for the following reasons: · The County has not master planned, designed, nor funded those other systems, facilities, and services. The purpose of the District is to design, build, fund, and operate those other systems, facilities, and services. · 2'he county as a general purpose local government has such a large plethora of often countervailing but legitimate economic financial political policy and regulatory duties, responsibilities and requirements that it is not suited to take the time to spend any effort on infrastructure within one particular proposed community development; whereas the District is liberated to think and manage long-term in the management and related financing of basic infrastructure to the community development. Regarding the private developer, any private company, or a homeowner's association as an alternative way to provide the remaining systems, facilities and services, I note as ma engineer, that there are a number of disadvantages including: · The private developer may not have the funds to provide or complete the remaining systems, facilities, and services. · The homeowner's association may not adequately plan for the long term maintenance and replacement of the systems, facilities, and serviceS. Accordingly, the best alternative for this property, in my opinion as a professional engineer dealing with infrastructure provisions for the community development project is the District itself. The basis for this opinion is my experience as a civil engineer worlcing in Collier Page 8 Agenda Item No. 8A April 27th, 2004 Page 80 of 119 County and dealing with Collier County Government and the private development community on a dax~.y basis. Special Problems No special engineering problems were evident during my review Page 9 Agenda Item No. 8A April 27th, 2004 Page 81 of 119 VERONA WALK COMMUNITY DEVELOPMENT DISTRICT TESTIMONY OF ANITA L. JENKINS, AICP, PLANNER Planning Considerations Establishment of Verona Walk Community Development Distdct My name is Anita L. Jenkins, AICP. By profession I am an urban planner, i am an Associate with WilsonMiller, Inc., and have 12 years of experience in planning and permitting related to land development activities, including: Developments of Regional Impacts, comprehensive plan amendments, property rezonings, land development code amendments, site development plans, feasibility studies, and assessing alternative ways to provide infrastructure to permitted and planned community developments. I have a Bachelor of Science Degree in Geography from Southwest Missouri State University, and a Master of Urban and Regional Planning from the University of FIodda. I have been qualified as an expert in urban planning and in local, regional, and state growth management planning in numerous headngs in front of vadous Zoning Boards, Local Planning Agencies, and County Commissions. Work Experience: Based on my experience and training, I will address planning aspects and consequences of the Verona Walk Community Development District on the proposed property of the community development project. I have assessed from a planning perspective the management of the delivery or provision of basic infrastructure to community development' districts and related financing. I have assisted in the preparation of the Petition, its required exhibits and additional information pertinent to the planning consequences of establishing the District. This paper constitutes a summary of the planning consequences of establishing the Agenda Item No. 8A April 27th, 2004 Page 82 of 119 District on the proposed property in Collier County. 2 The Proposed Community Development Project Which The Community Development District Will Serve Verona Walk is located at the southeast quadrant of Collier Boulevard and Sabal Palm Road in Sections 26, 34 and 35, Township 50 South, Range 26 East. Verona Walk is a lake- amenitized project encompassing approximately 785 acres, and is to include 2000 dwelling units in a mix of product type and a Village Center complex, including the 30,000 sq. ft. of retail/office/recreational area and clubhouse facility. Verona Walk will provide a unified community framework, which accommodates a vadety of housing opportunities. Design guidelines and an integrated plan for landscaping, signage, utility service, stormwater management, and community services will tie the neighborhood together, creating a viable community structure. The Six Statutory Factors: Section 190.005(1)(c)1-6, F.S As stated previously, the uniform nature of the general law effectively mandates redundancy in the documentation material to the establishment of a Chapter 190, F.$. District. There are practical and legal reasons for redundancy in the materials supportive of the establishment of a Community Development District. From a legal aspect, should an action of a District be challenged, the first avenue of investigation is to determine if the District was established using the authority contained in the Flodda Statutes. Thorough documentation supporting the petition to establish the District, with all its redundancy, minimizes the exposure of the District under this avenue of investigation. From a practical standPoint, an exhaustive consideration of the statutory factors and procedures for the establishment of a District tends Agenda Item No. 8A April 27th, 2004 Page 83 of 119 to identify problem areas which can be addressed by the Distdct Board of Supervisors after establishment of the District, or by the staff and members of the Board of County Commissioners and the District review team dudng the petition process. Factor One In my professional opinion from a planning perspective, the Petition and its attached exhibits satisfy the requirements of the statute and contain information that is both true and correct. Therefore, factor one in my opinion is satisfied from a planning perspective. Local Specialized problem: None. Factor Two Regarding factor number two, I have done a considerable amount of analysis of both the State Comprehensive Plan and the Collier County Comprehensive Plan because this factor seeks consideration of information on whether creation by law and establishment by county ordinance of the District is inconsistent with any applicable element or portion of the State Comprehensive Plan or the Collier County Comprehensive Plan. Discussion: The State Plan The State Comprehensive Plan is set forth in Chapter 187, Florida Statutes. I have analyzed this State Plan upon the assumption that the District will exercise all of its systems, facilities and services and related specialized powers set forth in the uniform charter of the District, Sections 190.006 through 190.041, Florida Statutes. As to methodology, I looked at all 28 subjects, 26 goals and several related policies under each goal in the State Plan from this perspective. First, I eliminated all subjects, goals and policies of the State Plan that related neither to the development itself, nor to the creation and establishment of the District to serve the development. Further, I rejected any goals, subjects and policies that related only to the development and land use project. As a result, I Agenda Item No. 8A April 27th, 2004 Page 84 of 119 4 was able to identify certain remaining subjects, goals and policies, and to review, evaluate and consider them, as they related, in my opinion, to the creation and establishment of a Community Development District. Using this methodology, I have determined that four goals and related policies actually apply to the subject of this petition, the establishment of the Verona Walk Community Development District. Because the Florida Legislature, consistent with section 187.20121)(b)2, FS., created the District by general law and provided that it should be established on the proposed property, I will focus on the establishment aspect in this white paper. I have analyzed each subject and goal and then identified various specific policies under each of them which related to the District, once again, applying all of these factors to the assumption that the District would exercise on the particular property in Collier County all of its specialized powers in subsections (1) and (2)-of Section 190.012, Florida Statutes. Subject and Goal 16 (16) LAND USE.- (a) Goal.- In recognition of the Importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. First, Subject Number 16 and its related goal apply because the subject of development being directed to areas having, or programmed to have funded land and water resources, and service capacity to serve growth in an environmentally responsible manner relates directly to the District purpose of fiscal responsibility and adequate service supply through District provided infrastructure improvements. I determined that establishment on the proposed property of the District would not be inconsistent with this goal and subject because the Legislature Chapter 190, F.S., has found already that services provided by a District can Agenda Item No. 8A April 27th, 2004 Page 85 of 119 be "...a timely, effective, responsive and economic..." means of accommodating development demanc~s "...without overburdening other governments and their taxpayers.' Local Specialized Problem: None. Policy 16(b)1. Promote state programs, investments, and development and redevelopment activities, which encourage efficient development and occur in areas which will have the capaci~ to service new population and commerce. Regarding policy 16(b)1, establishment of the District is not inconsistent because Chapter 190, F.S., requires efficiency and responsibility in the utilization of District powers in providing services to supply development demand and the requirements of county land use and development decisions. Local Specialized Problem: None. Policy 16(b)2. Develop a system of incentives and disincentives, which encourage separation of urban and rural land uses while protecting water supplies, resource development, and fish and wildlife habitats. Regarding policy 16(b)2, a District, when established, is required by law to provide service capacity in areas designated for urban services, and to provide such services in an environmentally sensitive manner. The District is not inconsistent with policy 16(b)2 of Chapter 187, F.S. Local Specialized Problem: None. Policy 16(b)5. Encourage and assist local governments in establishing comprehensive impact-review procedures to evaluate the effects of significant development activities in their jurisdictions. Based on the fact that the District, when established, must report annually for such facilities using comprehensive review procedures set forth in Section 189.415, F.S., it is not inconsistent with Policy 16(b)5 of Chapter 187, F.S. Local Specialized Problem: None. Agenda Item No. 8A April 27th, 2004 Page 86 of 119 Subject and Goal 18 (18) PUBLIC FACILITIES.- (a) Goal.- Florida shall protect the substantial investments in public facilities that already exist and shall plan and provide for and finance new facilities to serve residents in a timely, orderly, and efficient manner. Next, I determined that Subject 18 and its related Goal would be directly implemented through the establishment of the Distdct through the responsible provision of services and facilities when needed. Based on that determination, the District would not be inconsistent with this subject and goal. Local Specialized Problem: None. Policy 18(b)3. Allocate the costs of new public facilities on the basis of the benefits received by the existing and future residents. Through an understanding of the principle behind the establishment of a District, where facilities and services provided by the Distdct are paid for by those whose property benefits from those facilities and services through ad valorem taxes, non-add valorem special assessments or user fees, I find that the Distdct will implement policy 18(b)3, and therefore, in my opinion, is consistent with the policy. Local Specialized Problem: None. Policy 18(b)4. Create a partnership among state government, local governments, and the private sector, which would identify and build needed public facilities and allocate the costs of such facilities among the partners in proportion to the benefits accruing to each of them. In regard to Policy 18(b)4, the District is a partnership between and a coinciding of State government, other local government, and the private sector, given that a District's charge is to utilize its statutory powers for the provision of infrastructure only in conformance with local and state regulations as applied to the development and developer. Thus, establishment of the District is not inconsistent with this policy. Local Specialized Problem: None. Agenda Item No. 8A April 27th, 2004 Page 87 of 119 Policy 18(b)5. Encourage local government financial self-sufficiency in providing public facilities. In regard to Policy 18(b)5, the District, if established, would be a single and special purpose local government, and would be self-sufficient in the provision of infrastructure systems, services and facilities given that it would not draw upon other County resources. The establishment of the District on the proposed property would not be inconsistent with this policy. Local Specialized Problem: None. Policy 18(b)6. Identify and implement innovative but fiscally sound and cost-effective techniques for financing public facilities. The establishment of the District is the demonstration of Policy 18(b)6's intent, whereby the District is an innovative means of providing fiscally sound and cost effective · service and facility improvements. Establishing the District is not inconsistent with this policy. Further, the District, when established, being a special purpose local government, would have limited powers to design, fund and construct services and facilities necessary to accommodate the project's facility and service demand. The long-term management of infrastructure, at sustained levels of quality, is both fiscally sound and cost effective as an infrastructure management tool, which then eliminates the need for excessive financing of the facilities. The District is not inconsistent with this policy. Local Specialized Problem: None. Agenda Item No. 8A April 27th, 2004 Page 88 of 119 Policy 18(b)7. Encourage the development, use, and coordination of capital improvement plans by all levels of government. Given that the District, when established, is subje~ to the reporting provisions of *Section 189.415, Florida Statutes, which in paragraph (6) states, "For purposes of the preparation or revision of local government comprehensive plans required pursuant to s. 163.3161, a district public facilities report may be used and relied upon by the local general purpose government or governments within which the special district is located. The District, if established, will implement this policy statement, and is therefore consistent. Local Specialized Problem: None. Subject and Goal 21 (21) GOVERNMENTAL EFFICIENCY.- (a) Goal.- Florida governments shall economically and efficiently provide the amount and quality of services required by the public. Subject 21 deals with Government Efficiency and it, along with its goal, applies because of the statutory finding that a District is a means to deliver services and facilities in a time~ly, efficient and cost effective manner. The District is not inconsistent with Goal 21. Local Specialized Problem: None. Agenda Item No. 8A April 27th, 2004 Page 89 of 119 Policy. 21(b)1. Encourage greater cooperation between, among, and within all levels of Florida government through the use of appropriate inter-local agreements and mutual participation for mutual benefit. The Verona Walk Community Development District, when established, becomes a separate special purpose local government with the authority to provide public services and facilities within a limited land area. As a local government, the District has the ability to enter into inter-local agreements with mutual participation for the benefits to the land and residents within the District, and the rest of the County. Given that any action on the part of the District cannot be inconsistent with any portion of Collier County's Comprehensive Plan, including the Intergovernmental Coordination Element, both governments will be operating within the parameters of the Comprehensive Plan. This leads to close communication and coordination between the levels of government, which provide a mutual benefit for both the County and District. The District, in my opinion, implemenis this policy and is therefore consistent. Local Specialized Problem: None. 1'~&519..~0.. o Policy 21(b)2. Allow the creation of independent special taxing districts, which have uniform general law standards and procedures and do not overburden other governments and their taxpayers while preventing the proliferation of independent special taxing districts, which do not meet these standards. Policy 21(b)2, captures the intent of why Community Development Districts are an important and integral component in the management and financing of community development facilities and services. The District govemment, created by uniform general law, and established pursuant to that uniform general law on the proposed property, has the single and special purpose of providing infrastructure to the community development through the exercise of its management powers with related powers to fund that management function. Therefore, the District meets general law standards expressly. It may attain its funding in part to pay for its management functions through the sale of bonds. If so, bonds are repaid by the landowners who receive the special benefits of the systems, facilities and services provided by Agenda Item No. 8A April 27th, 2004 Page 90 of 119 l0 the District to property; therefore, the Distdct does not burden the general taxpayer with obligations to pay for systems, facilities and services within the District boundaries. Given that all Chapter 190, F.S., Districts are created by law and established by ordinance or_rule pursuant to the specific general factors considered by the county and petitioner as specified by the law. The establishment of this type of District is consistent with the policy not to allow the needless fragmentation, duplication or proliferation of local government systems, facilities and services by independent taxing districts, which do not have those specific law factors and standards, The District would serve to implement this policy, and in my opinion, can be considered consistent. Local Specialized. Problem: None. Policy 21{b)5. Eliminate needless duplication of, and promote cooperation in, governmental activities between, among, and within state, regional, county, city, and other governmental units. *As stated previously, a District is statutorily required to report as to operation and demand on its facilities pursuant to Section 189.415, F.S., which Collier County may utilize in its Annual Update and Inventory Report pursuant to its Comprehensive Plan. This, along with a District's charge to operate in conformance with local, regional and state growth management requirements, including the State mandated Intergovernmental Coordination Element's inter-local agreements, proves, in my opinion, that the District would not be inconsistent with Policy 21(b)5. Local Specialized Problem: None. t I~J2oo2-10~3~ Agenda Item No. 8A April 27th, 2004 Page 91 of 119 ) ]] Policy 21(b)9. Encourage greater efficiency and economy at all levels of government through adoption and implementation of effective records management, information management, and evaluation procedures. Information and records analysis and management are an operational requirement of Chapter 190, F.S., through record keeping, disclosure, and government-in-the-sunshine. This, in my opinion, effectively implements the call for efficiency in government set forth in Policy 21(b)9, thereby making a District consistent with that policy. Local Specialized Problem: None. Subject and Goal 26 (26) PLAN IMPLEMENTATION.. (a) Goal.- Systematic planning capabilities shall be integrated into all levels of govemment in Florida with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement. Subject No.26 addresses plan implementation. Its related goal sets forth that systematic planning capabilities shall be integrated into all levels of govemment in Florida, with particular emphasis on improving intergovernmental Coordination and maximizing citizen involvement. As stated previously, a District has a statutory mandate to report information concerning District operations. Further, a District being a sPecial purpose government must advertise its regularly scheduled meetings, ensuring the opportunity for public comment. The District, if established, in my opinion, is consistent with this goal and would implement it. The Legislature created the District for establishment by ordinance or rule on proposed property to coincide the best aspects of three different interests while eliminating the less desirable growth management aspects of those three alternatives s° far as provision of infrastructure to community developments is concemed. First, the best interest or capabilities of the county involve planning and implementing public policy based on health, safety and welfare requirements and state and local comprehensive planning and related environmental Agenda Item No. 8A April 27th, 2004 Page 92 of 119 and land use permitting and development orders. This set of county strengths is coincided with the expertise of a landowner-developer to market the development and to tie marketing to · phasing and absorption.rates and other matters involving the art, science and technology of high quality community development enhanced by county policies, regulations and requirements; these strengths are then coincided with the strength of the District to construct and maintain at sustained levels of high quality the basic infrastructure in a manner that is not inconsistent with the joint work product of the county and the landowner-developer. The permitting and planning process jointly exercised by the county and the landowner-developer adds value to the raw land and this intrinsic value is enhanced further as found by the Florida Legislature, through the use of the independent community development district. The reason is because the community development district has one single special purpose that it exercises through pinpointed and focused management accountable to the people and landowners closest to the District. The Florida Legislature created the District charter, and authorized its establishment by rule or ordinance, in order to provide this highly specialized single-purpose, efficient and accountable alternative to manage the delivery of infrastructure. The coinciding of these three interests then allows for collaboration through such mechanisms as interlocal government agreements under section 163.01, FS., and the provision .of capital improvements with related financing fled to land-use phasing through sections 189.415(2) and (6), FS. This coinciding would not allow for appropriate collaboration if it were not for the fact that the less desirable aspects of the county and the landowner-developer alternative were not eliminated through this approach. Such less desirable aspects for the county aitemative are the fact that it has a plethora of legitimately countervailing economic, financial and political duties, responsibilities and goals and has substantial overhead, which raised serious questions in the Legislature about the efficacy of using the general purpose county government for the provision of certain specific and special purpose infrastructure phased out to a particular Agenda item No. 8A April 27th, 2004 page 93 of 119 ]3 community development. The Legislature was also quite concerned that the county horizons for the exercise of its economic, political and legal imperatives were relatively short-term in thinking and approach (re-election cycles). The negatives for the landowner-developer alternative were its relative lack of accountability and the Legislature was in particular concerned about the even shorter time frames for political, economic and business imperatives because developers would be looking mostly to quarterly and annual profit statements as benchmarksl therefore putting into question seriously the long-term consistency and longevity of constructive developer involvement as a way to respond to the interests of the landowners and residents. Even private homeowner associations as determined by the Legislature are essentially private entities without the power of governmental enforcement and without professional management with expressed and focused attention, not just on common areas, but on the planning, construction, implementation and maintenance of basic infrastructure, short-term and long-term. Therefore, the coinciding as envisioned by chapter 190, FS., eliminates the negative and enhances the positives of the three basic alternatives to provision of infrastructure, which can be collaborated with more efficiency, accountability and fairness. Local Specialized Problem: None. Policy 26(b)2. Ensure that every level of government has the appropriate operational authority to implement the policy directives established in the plan. By virtue of the fact that the District, as. created by and established on this proposed property pursuant to Chapter 190, Florida Statutes, must not be inconsistent with any applicable portion of the State Comprehensive Plan, a District is granted the operational authority to implement policies of the Plan. The District is not inconsistent with Policy 26(b)2. Local Specialized Problem: None. Policy 26(b)3. l~t3r213o2- lO93~3 v~:. ~11. AJeal~ Establish effective monitoring, incentive, and enforcement capabilities to Agenda Item No. 8A April 27th, 2004 Page 94 of 119 see that the requirements established by regulatory programs are met. Policy 26(b)3 calls for measures to assure that regulatory programs are adhered to. District is not exempted from any applicable I~cal, regional or state growth management regulatory programs, thus the Verona Walk Community Development District is not inconsistent with this policy. Local Specialized Problem: None. A Policy 26(b)8. Encourage the continual cooperation among communities which have a unique natural area, irrespective of political boundaries, to bring the private and public sectors together for establishing an orderly, environmentally, and economically sound plan for future needs and growth. The 'District is required to operate in the sunshine, encouraging public participation, and as stated previously, reporting of the District's ~facilifies and services status to the County government provides a mechanism for cooperation between the general purpose and special purpose governments. A District, in my opinion, not only is consistent with Policy 26(b)8, it implements it. Local Specialized Problem: None. Caveat: I have also reviewed all the subjects, goals and policies which I have determined do not apply to the District, and it is my professional opinion that establishment of the District is therefore, not inconsistent with any of those subjects, goals and related policies. From a planning perspective, (as to management and financing of all the basic infrastructure systems, facilities and services Which the Distdct by law is chartered to provide), my opinion is that the creation by law and establishment by ordinance of the District is not inconsistent with any subject, goal and policy of the State Comprehensive Plan, as amended. Collier County Local Government Comprehensive Plan The Collier County Local Government Comprehensive Plan is set forth in Collier County Agenda Item No. 8A April 27th, 2004 Page 95 of 119 Ordinance 2000-25, as amended. This Plan is currently in force and effective in Collier County subject to general law. No county plan or ordinance, under charter home rule or non- charter home rule, may be inconsistent with the plan or any other general law. Therefore, the county plan may not be inconsistent with Chapter 190, Flodda Statutes, the express general law by which the community development district was created and pursuant to which it is to be established bY county ordinance-on the proposed property. Under the Florida Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, part II, Florida Statutes, as amended, the Plan consists of various components, elements and other designations. By way of methodology, I applied each spedal power available to the Community Development District under all of Section 190.012, Florida Statutes, to every element, component, section and other aspect of the Collier County Comprehensive Plan. I have applied this Plan as a planner in order to determine whether there is any particular inconsistency with the Plan from creation and establishment of the District. The detailed methodology I used to make this determination is similar to that I outlined with regard to the State Plan. First, I eliminated certain goals, objectives, policies, elements, components, sections and portions, which do not address creating and establishing the the District on the proposed property; I also rejected those which relate strictly to community developments. These subjects are irrelevant to the creation and establishment of the District. After eliminating these matters, ! identified and evaluated the remaining parts of the Plan as to whether creation and establishment of the District, exercising any and all of its special powers, would be inconsistent. As to these goals, policies, components, elements, sections and other aspects of the Plan which relate to creation and establishment of the District, I noted five for the purposes of this planning analysis. Agenda Item No. 8A April 27th, 2004 Page 96 of 119 'The establishment of the Community Development District, whose purpose is to provide its governmental services attendant to Verona Walk basic infrastructure, complieS fully with the goals, objectives and policies of the Collier County Growth Management Plan. CAPITAL IMPROVEMENTS ELEMENT Objective 1.2: Financial Feasibility. Future development will bear a proportionate cost of facility improvements necessitated by growth. Future Developments payments may take the form of impact fees, dedication of land, provision of public facilities, and future payments of user fees, special assessments and taxes. Fees to the County and property taxes and non-ad valorem special assessments and fees and charges to the District. Local Specialized Problem: None Agenda Item No. 8A April 27th, 2004 Page 97 of 119 PUBLIC FACIUTIES ELEMENT--POTABLE WATER SUBELEMENT Policy 1:2.6: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, water service shall be connected to the regional system, and internal facilities shall be conveyed when acceptable to the Collier County Water-Sewer District for operation and ownership... Verona Walk District will provide and maintain potable water infrastructure to-support the proposed development, and will connect the system to Collier County consistent with the Collier County Utilities Ordinance. The District is consistent with this Policy. Local Specialized Problem: None RECREATION AND OPEN SPACE ELEMENT Objective 1.4: Continue formal mechanism to improve and coordinate efforts among levels of government and the private sector in order to provide recreational opportunities. Verona Walk District will provide extensive passive and active recreation and open space facilities throughout the project site. The project will include natural preserves, lakes, parks, and active recreation facilities such as tennis, swimming, and health club. Verona Walk District, through its management and related financing of value enhancing improvements, is consistent with the Collier County Policy 1.4 in its commitment to provide on-site recreational facilities. Local Specialized Problem: None 1A'3~00~ tO~O~ Vec, 011- HOSQ~S1G.QQ~o 0 Agenda Item No. 8A April 27th, 2004 Page 98 of 119 INTERGOVERNMENTAL COORDINATION ELEMENT Goal I and Objective 1.1.: Provide for the continual exchange of information and the use of any intergovernmental coordination mechanisms to achieve compatible and coordinated plans. Verona Walk has eXtensively coordinated with vadous public and pdvate sector agendes in the delivery of services, such as Collier County and Flodda Power and Light to insure that services are coordinated and non-duplicative. Once established, the Verona Walk District may enter into an intedocal govemment agreement such as the one effected in Collier County as a rule with the Collier County Water- Sewer Dependent District. FUTURE LAND USE ELEMENT Objective 5 and Policy 5.1: 'In order to promote sound planning, ensure compatibility of land uses and further the implementation of the Future Land Use Element. All rezonings must be consistent with the Collier County Growth Management Plan. Verona Walk is a mixed use master planned community, which has utilized the Planned Unit Development zoning district alternative to establish the development program, and the establishment of the' Community Development District to provide specialized Iocalgovemmental infrastructure systems, facilities and services. The project site is located in the area designated for Urban Residential Fringe development on the county Future Land Use Map. The project is consistent with the permitted land uses, densities and policies of the Future Land Use Element of the Collier County Growth Management Plan, and the Community Development District is consistent with these policies because the District plans, implements, constructs and maintains, both short-term and long-term, basic systems, facilities and services implementing to the county capital improvement element which is tied to the county future land use element_ Local Specialized problem: None. Agenda Item No. 8A April 27th, 2004 Page 99 of 119 Having thoroughly reviewed the Plan of Collier County as it may be related to the creation and establishment of a District pursuant to Chapter 190, Florida Statutes, I found that the District on the proposed property is not inconsistent with goals, objectives, policies, sections or portions which were found not to be applicable to the establishment of a District. Based upon the aforementioned findings, the creation and establishment of the District on the proposed property would not be inconsistent with any goals, policies, sections or portions of the Plan, even if it were to exercise any and all of its statutory powers. In fact, the District would further the Plan in general, and many of its specific components. Further, the creation and establishment of the District would not be inconsistent with those parts of'the Plan, which do not relate to the creation and establishment of a District. Factor Three Factor three deals with whethe; the area of land proposed by the petitioner to be within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. Key terms and words need to be defined or put in proper context from a planning perspective as related to the 'factor and infrastructure delivery. A "community" is a unified body of individuals living in a particular area linked by common, social, political or economic interest. Community governments provide people with those facilities and services they desire to live in the community. These include water, sewer, police, fire protection, roads, parks libraries and some social services such as childcare, affordable housing assistance and health care. From the planning perspective the term "functional interrelated community" means that the functions of a community must be integrated into a long-range plan to analyze the future needs of the community. Each function requires a funding soume and an understanding of the Agenda Item No. 8A April 27th, 2004 Page 100 of 119 ) ~ 2O size of the community's needs so as to handle the growth and development of the community. Additionally, the land area of a community must be of sufficient size to accommodate the permitted land uses and the required, interrelated infrastructure facilities and services. Functional interrelation means that each community function has mutual relationship to the other. Each function must be designed to contribute to the development or maintenance of the larger whole, or as used here, the community. Under this factor, using the understanding I outlined of a functional interrelated community above, I can determine whether the actual physical area within Collier County on which the District would function to provide infrastructure to the proposed community development raises any particular problems as to size, compactness or contiguity. The size of the land area for the Community Development District is 785 acres. In my opinion, the size is sufficient to operate as a community because it has been master planned to be efficient in land utilization, to provide for all land uses necessary to be physically, and socially self sustaining. Compactness relates to closeness in distance between the lands within the development. It is a spatial term used to describe property that is close together. Having reviewed the Verona Walk Community Development District's land area, I find that its boundaries are sufficiently compact, have no major obstacles separating the land uses, and are not irregular in shape. It is not substantially divided and the land area is such that there can be both physical and social functions. In my opinion, therefore, the land area within the proposed community development, which would be serviced by the District, is sufficiently compact to be a functional interrelated community. Contiguity is another sPatial term, which can descdbe lands, which are adjacent, where all parts of'a project are either in actual contact or are separated by no more than a road or street or a small separation. The properties must be dose enough to allow the cost effective Agenda Item No. 8A April 27th, 2004 Page 101 of 119 and efficient use of infrastructure, services and design. The actual touching of property lines is not required for property to be sufficiently contiguous for planning purposes. In reviewing the land area which will be serviced by the Verona Walk Community Development District, I believe that the land is sufficiently contiguous to be a functional interrelated community because it is spatially close together, COmpletely contiguous, and it is large enough in land area to allow for the efficient provision of infrastructure systems, facilities and services. Local Specialized Problem: None 1~3/20G2-108303 V~; 011- AJer4d~ Factor Six This factor, dealing with land area, is more appropriately analyzed out of numerical order so as to be associated with the preceding factors, which also deal with land area issues. Factor six deals with whether the area that will be serviced by the District is amenable to separate.special-district government. I have reviewed information about this proposed land area from the Distdct governance perspective. In order to do so, I have determined that the terminology "separate special district-governance" means governance, created by law and established by law through petition and vote pursuant to the Board of County Commissioners, with limited special functions and powers to levy taxes or special assessments and non- lienable charges and fees within a legally defined geographical area. The District, if established, would be a special district government with such capabilities. The term "amenable" can be defined to be an appropriateness for accountability, or responsive. Having determined that the land area is sufficient size, and is sufficiently compact and sufficiently contiguous to be functional as an inter-related community, I now, as a planner, must determine whether that land area is also amenable to being governed by the Community Development District as set forth in its uniform charter created by law as set forth expressly in Agenda Item No. 8A April 27th, 2004 Page 102 of 119 ) ~ Section 190.006 through 190.041, Flodda Statutes. I have reviewed this subject from the potential exercise by the District of any and all of its special powers in that charter. in my opinion the land area for the District is amenable to special district governance beCause the land area proposed to be established as a District has the need for the services and would benefit from'the facilities that the special district would provide, and through my previous findings, the land area is of sufficient size, sufficiently compact and contiguous to be a functional interrelated community. Local Specialized Problem: None. Factor Five Factor five should be addressed out of numerical order. It deals with whether the community development services and facilities of the District will be incompatible with the capacity and uses of existing loCal and regional community development services and facilities. By legislative mandate, all actions and implementation of any or all of the District powers are governed by and must not be inconsistent with the Collier County Growth Management Plan. This insures compliance with County land development regulations and concurrency requirements. I have reviewed the proposed property on which the state-created District will be established to determine if there are any regional systems, services or facilities, which through their existence may be problematic as to incompatibility, related to District functions, and found no such facilities. Therefore, no problems would be created. Local Specialized Problem: None. lO~J.'2(X]~- 10~3~3 Va;. 011- ~--~-"-~ NOSO6-519-QQO- - 0 Factor Four Agenda Item No. 8A April 27th, 2004 Page 103 of 119 ) ~ 23 Factor four must logically be taken out of numerical order. It deals with alternatives, essentially requiring the Board of County Commissioners to use relevant, material and pertinent information as to the various alternative ways to provide basic systems, facilities and services to the community development. From a planning Perspective there are three alternative ways to provide basic systems, facilities and services to the community development on this property in Collier County. The first is private, through developer managed improvements, separate private infrastructure contractors, a private utility company, a homeowners association, or any combination of these private means of providing community development Services and facilities along with related financing powers. The second alternative would be local general purpose public, either through the County itself or by County management and financing through dependent districts, or county management but with financing through the use of County Municipal Service Taxing Units (MSTU), or County Municipal Service Benefit Units (MSBU). Finally, the third altemative would also be public, but through the specialized, limited and single purpose Community Development District provided for by chapter'190, Florida Statutes, which coincides both public and private interests and capabilities. As previously stated in response to Goal 26, the Legislature created the District for establishment by ordinance or rule on proposed property to coincide the best aspects of three different interests while eliminating the less desirable growth management aspects of those three entities so far as provision of infrastructure to community developments is concerned. First, the best interest or capabilities of the county involve planning an implementing public policy based on health, safety and welfare requirements and state and local comprehensive planning and related environmental and land use permitting and development orders. This set of county strengths is coincided with the expertise of a landowner-developer to market the development and to tie marketing to phasing and absorption rates in other matters involving Agenda Item No. 8A April 27th, 2004 Page 104 of 119 24 the art, science and technology of high quality community development enhanced by county POlicies, regulations and requirements; these strengths are then coincided with the strength of the District to construct and maintain at sustained levels of high quality the basic infrastructure in a manner that is not inconsistent with the joint work product of the county and the landowner-developer. The permitting and planning process jointly exercised by the county and the landowner-developer adds value to the raw land and this intrinsic value is enhanced further by the intent of the Flodda Legislature through the use of the independent community development district. The reason is because the community development district has one single special purpose that it exercises through pinpointed and focused management accountable to the people and landowners closest to the District. The Flodda Legislature created the Distdct charter, and authorized its establishment by rule or ordinance, in order to provide this highly specialized single purpose efficient and accountable alternative way to manage the delivery of infrastructure. The coinciding of these three interests then allows for collaboration through such mechanisms as interlocal government agreements under section 163.01, FS., and the provision of capital improvements with related financing tied to land-use phasing through sections 189.415(2) and (6), FS. Tl'~is coinciding would not allow for appropriate collaboration if it were not for the fact that the less desirable aspects of the county and the landowner-developer were not eliminated through this approach. Such less desirable aspects for the county are the fact that it has a plethora of legitimately countervailing economic financial and political duties, responsibilities and goals and has substantial overhead, which raised sedous questions in the Legislature about the efficacy of using the county for the provision of certain specific infrastructure phased out to a particular community development. The Legislature was also quite concerned that the county hodzons for the exercise of political and legal imperatives were relatively short-term in thinking and approach (re-election cycles). The negatives for the landowner-developer were lack of accountability and the Legislature was Agenda Item No. 8A April 27th, 2004 Page 105 of 119 -) in particular conCerned abOut the even shorter time frames for political economic and policy imperatives because developers would be looking mostly to quarterly and annual profit statements as benchmarks, therefore questioning seriously the long-term consistency and longevity of developer involvement as a way to respond to the interests of the landowners and residents. Even pdvate homeowner associations as determined by the Legislature are essentially private entities without the power of governmental enforcement and without professional management with expressed and focused attention not just on common areas but On the planning, construction, implementation and maintenance of basic infrastructure, short- term and long-term. Therefore, the coinciding as envisioned by chapter 190, FS., eliminates the negative and enhances the positives, which can be collaborated with more efficiency, accountability and fairness. Planning considerations needed to determine the best alternative to deliver basic infrastructure to community developers are whether the alternative was able to provide the highest quality services and facilities; whether the alternative was capable to deliver the facilities and services in a timely .manner when the community development service and facility demand occurs; whether the alternative had a means of management to be responsive to the community development over the long term; and whether the alternative could obtain and maintain short-term and long-term financing to facilitate the management benefits. Regarding the supply of infrastructure in advance of the impacts of the actual development, concurrency is'an important consideration. In this regard, it is vital to have an understanding of the community development infrastructure commitments during the master planning process to properly and efficiently phase the construction of the community development facilities. This allows a full utilization of constructed facilities before new branches of those facilities are constructedi The statutory District reporting mandates described previously can be utilized by Collier County as a concurrency management Agenda Item No. 8A April 27th, 2004 Page 106 of 119 3_6 mechanism to implement applicable provisions (i.e., Future Land use Element, Capital Improvement Element, etc.), of its Growth Management Plan. The Community Development Distdct alternative means of providing community development systems, facilities and services allows for a cooperative concurrency management program between the CoUnty general purpose government and the District special purpose local govemment. Local Specialized Problem: None. Long term and sustained adequacy and efficiency of infrastructure are important, and I note that among the three alternatives, the District would more closely and efficiently manage services and facilities given the Distdct;s sole responsibility is the community development's infrastructure needs, both immediate and in the long term. Fudher, a District can be more responsive to the residents of the community development and other affected parties, than can be provided by the alternatives, which either have a broader public accountability, or narrowed interests. Regarding the important planning principle of long term implementation and maintenance, I find that among the three altematives the District's unique operational and management role would provide the community development residents greater assurance of the maintenance of the community development services and facilities which would not be otherwise be provided for by the altematives at such a high level of quality, particularly in the long term. Collier County could supply the community development infrastructure, but it does not have the unfettered opportunity for phasing flexibility, nor does it have the luxury of sole focused attention for monitoring and maintenance as would a District. This is again due to Collier County's general purpose, where it must be responsive to multiple community developments and other special interests, whereas a Distdct created-by and established pursuant to Chapter 190, Florida Statutes, has a singular and special purpose of providing to Agenda Item No. 8A April 27th, 2004 Page 107 of 119 the community development that it serves specific systems, facilities and services. 2'/ The pdvate installation of community development infrastructure, while it may provide, at least for the short-term, quality systems, services and facilities may not have the management and maintenance longevity, particularly when the community development is "built-out' and traditionally turned over to homeowners and/or condominium associations which traditionally are only interested in their individual association matters: The establishment of the Verona Walk Community Development District on the proposed property is the most appropriate means of providing community development systems, services and facilities because it is functionally involved in the overall physical master planning of the development, equitably distributes the costs and responsibilities to the users of the systems, services and facilities, provides for long term maintenance, and provides a greater assurance that the Verona Walk Community Development District is the most appropriate means of providing community development systems, services and facilities because it is functionally involved in the overall physical master planning of'the development, equitably distributes the costs and responsibilities to the users of the systems, services and facilities, provides for long term maintenance, and provides a greater assurance that the residents served by the Verona Walk Community Development will have a sustained quality of life. Local Specialized Problem: None. lOfl~r'~lxQ- tO~O~ N1~,06-$19-000- Agenda Item No. 8A April 27th, 2004 Page 108 of 11.9 Exhibit "9" ACKNOWLEDGMF~NT The Uniform Community Development District Act of 1980, chapter 190, Florida Statutes (2002 and herea~er except as otherwise noted)('~Fla. Stat. hereafter"), restricts and limits expressly the exercise of the state-created District's exercise of its state charter powers. The petitioner acknowledges that the District's Board of Supervisors is bound legally and ethically to exercise its general and special powers subject to, and not inconsistent with, the laws and regulations contained in the Collier County Water-Sewer District Special Act, and any applicable P.U.D., preliminary subdivision plat and/or development order as provided in sections 190.004 and 190.012, Fla. Stat. In light of the statutory restrictions and mandates upon the powers and functions of a community district discussed below, the District will not and cannot diminish the customer base of the Collier County Water-Sewer District. Collier County under its ordinance is the permanent provider of water and sewer service to the development on which the Community Development District will be established. Also, the 1988 Special Act reestablishing the Collier County Water-Sewer District provides in Section 21 that: 1) Collier County can mandate connection to its water and sewer facilities; 2) Collier County can require installation and dedication of water and sewer facilities to the County; and 3) no water and sewer facilities can be built within the water-sewer district unless the Collier County Commissioners sitting as the Water-Sewer District Board gives its consent and approval. The land area which the District will serve is in the jurisdiction of the dependent Collier County Water-Sewer District and is subject therefore to the terms of the 1988 Special Act. The Agenda Item No. 8A April 27th, 2004 Page 109 of 119 community to be served by the District is also subject to P.U.D. and prelimina~ subdivision Plat. In addition, the land area involved is also subject to Collier County Ordinance No. 98-69, as amended, utility facilities requirements, as well. as the state, regional and local comprehensive plans, permitting agencies and all related land development regulations. The Florida Legislature, in section 190.002(1)(a), Fla. Stat. (1991), has found expressly that the Community Development District is a solution to the management and capital infrastructure financing problems faced by counties. In solving these problems, the Community Development District also provides a method of servicing projected growth without over burdening other local governments and their taxpayers, The Legislature has found the Community Development District, a management entity, is a legitimate solution to infrastructure delivery challenges. It is also the expressed policy of the legislature that Community Development Districts are . " .... a legitimate alternative method available for use by the private and public sectors, as authorized by state law, to manage and finance basic services for community development." s. 190.002(2)Co), Fla. Stat. (1999). This quoted language means that the District is a management tool for both Collier County and the petitioner. This management tool is to be used by both the developer and the county as authorized in chapler 190, Fla. Stat. In section 190.002(1)Co), Fla. Stat., the Legislature has found also that it is in the public interest that "...the operation of such a district and the exercise by the district of its powers be consistent with applicable due process, disclosure, accountability, ethics and government-in-the- sunshine requirements." This law means that no decision of the Board of Supervisors can be made in secret, and that Collier County will be given ample noticed opportunities to monitor the exercise of the Board of Supervisors' special limited management powers, including those dealing with water Agenda Item No. 8A April 27th, 2004 Page 110 of 119 and sewer services. In other words, this language mandates that the district board of supervisors as a local government works with the Collier County local government. In regard to possible conflicts between general purpose local government laws and actions of this Community Development District local government, the Legislature has stated expressly as its policy that the exercise by the district of its powers "...comply with all applicable governmental laws, rules, regulations and policies governing planning and permitting of the development to be serviced by the district to ensure that neither the establishment nor operation of such a district is a development order under chapter 380, Fla~ Stat., and that the district so established does not have any zoning or permitting powers governing developments." s. 190.002(2)(c), Fla. Stat. In addition, section 190.003, Fla. stat., provides that a Community Development District shall function in such a manner "...that all applicable planning and permitting, rules, regulations and policies control the development of the land to be serviced by the District." Even more illustrative of the Legislature's intent is its disposifive language in the "preemptive and sole authority" section of the Uniform Community Development District Act. s. 190.004(3), Fla. Stat. First, the statute states specifically that "...Ia]il governmental, planning, environmental and land use development laws, regulations and ordinances apply to all development of the land within a Community Development District." Id. Since the Collier County Water-Sewer District Special Act is a law of Florida, it applies to all development within the land to be serviced by the proposed Community Development District. Since "all development" includes by definition utility and other services, the Collier County Water- Sewer District requirements apply to all developments in the applicable land area, even after the establishment of the Community Development District. Agenda Item No. 8A April 27th, 2004 Page 111 of 119 Second, the preemption section mandates directly and specifically that % District shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general purpose governments." Id. This direct mandate is to the Board of Supervisors of the Community Development District that it shall take no action inconsistent with the Collier County Water- Sewer DistriCt Special Act. Accordingly, the Board members will be under ethical and. legal duties, subject to malfeasance, non-feasance, and misfeasance of office, to take no action inconsistent with the Collier County laws and regulations affecting the water-sewer district customer base. Last, those special powers of the Community Developmem District, which may be exercised only after obtaining the consent of the local jurisdiction, are also limited severely by section 190.012, Fla. Stat. This section provides in pertinent part that the District Board of Supervisors "...may exercise [these and all its special powers], subject to the regulatory jurisdiction and permitting authority of all applicable governmental bodies, agencies and special districts having authority to any area included therein..." Id. Here, the Legislature has answered directly the question of whether the District can act inconsistent with the regulations of the Collier County Water-Sewer District. The exercise of the District's powers are "subject" to those of the Collier County Water-Sewer District. K:\U~-~foMm~DIVOSTA\VERO~A W~ County ~ ~ ~mowie~lgn~-nt Agenda Item No. 8A April 27th, 2004 Page 112 of 119 BACKUP INFORMATION FOR COMMUNITY DEVELOPMENT DISTRICTS Community Development Districts (CDDs) are a financial mechanism designed for the purpose of providing community infrastructure, basic services and necessary facilities, along with operation and maintenance, to planned residential communities. Formation of a CDD places all property owners within the subject development under the jurisdiction of the CDD. CDDFACTS CDDs are not a form of development approval, and do not serve to permit construction. In fact, the subject development is generally approved prior to submittal of a CDD petition. The formation and operation of community development districts is governed through provisions contained in Section 190, Florida Statutes. The State Legislature must approve proposed districts comprising 1,000 acres of land (or more). However, the local government having jurisdiction within the project area may approve districts of less than 1,000 acres. A request to establish a CDD is made through a petition that specifically addresses the criteria under Section 190, F.S. The local government (in this case the Collier County Board of County Commissioners) grants the petition through adoption of an ordinance that establishes the Community Development District. The primary purpose of a CDD is to provide a long-term financing mechanism for community infrastructure and services, through the following mechanisms: 1. Tax Assessments 2. Ad Valorem Taxation 3. Bond Issues. CDDs are managed through an elected District Board of Supervisors. The Board of Supervisors may hire staff, enter into leases and contracts, sign interlocal agreements with other local governments, and manage financial affairs related to its functions. The provisions of the Florida Sunshine Law govern CDD Boards of Supervisors. CDDs are not general-purpose local governments, do not have home rule power, and do not assume any powers of regular local governments. However, at the option of the local government, a CDD may assume certain additional powers, such as provision of security, mosquito control, and park operations. Agenda Item No. 8A April 27th, 2004 Page 113 of 119 CDDs must disclose their existence and the resulting financial impacts to lot purchasers and/or landowners within the subject area, through sales contracts and public notices. Under Florida Law, individual lot and parcel owners are indemnified from any liens or foreclosures due to default of the CDD on its debt instruments. When and if the population of the CDD area reaches 5,000, a referendum on whether to incorporate is required. However, if an affirmative vote results, no automatic incorporation occurs, and no new city results (at least immediately) thereby. CDD incorporation into a new city is govemed by the procedures, requirements and limitations contained in Section 165.061, and Section 165.241, Florida Statutes. These are the same statutes that govern the incorporation of any other area into a local government. Section 190, Florida Statutes, which governs the formation and operation of CDDs, also contains specific criteria for the disbanding of CDDs once they have outlived their usefulness. If at any time during the CDD's existence Collier County determines, by a non- emergency ordinance, that the County can provide any one of the district services in a more economical manner, over the long term, at lower cost but with higher quality, Collier County may then take that service away from the district and provide the service itself. Section 190.005, Florida Statutes outlines the specific content required in the petition and further outlines six (6) factors for the local government to consider in determining whether to grant or deny a petition for the establishment of a CDD, as follows: 2. 3. 4. 5. o The truthfulness of statements within the petition. Consistency of the petition with the state comprehensive plan or of the effective local government comprehensive plan. Does the size, compactness and contiguity of the proposed district allow it to be developable as one functional interrelated community? Is the district the best available alternative for delivering community development services and facilities to the subject area? Are the proposed community development services and facilities of the district incompatible with the capacity and uses of existing local and regional community facilities and services? Is the area to be served by the district amenable to separate special-district govemment? Collier County legal, planning, transportation and public works staffs review all CDD petitions and exhibits submitted by the petitioners relative to these six (6) factors. Staffs make a recommendation to the Board of County Commissioners for either approval or denial, based upon the petitioner's compliance with the six factors. Agenda Item No. 8A April 27th, 2004 Page 114 of 119 The Collier County Comprehensive Planning Section prepared this item for use by the Board of County Commissioners, when considering approval of a CDD petition. Agenda Item No. 8A April 27th, 2004 Page 115 of 119 ATTACHMENT 2 STAFF ANALYSIS RELATIVE TO THE SIX (6) FACTORS FOR COMMUNITY DEVELOPMENT DISTRICT FORMATION FOR VERONAWALK CDD Background: Section 190.005, Florida Statutes, outlines the specific content required in a Community Development District (CDD) petition and further outlines six (6) factors for the Board of County Commissioners to consider in determining whether to grant or deny a petition for the establishment of a CDD, as follows: Whether all statements contained within the petition have been found to be tree and correct. Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one fimctional interrelated community. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. Whether the area that will be served by the district is amenable to separate special-district government. Comprehensive Planning staff has reviewed the six factors referenced above and makes the following fmdings with regard to the proposed VeronaWalk Community Development District: Whether all statements contained within the petition have been found to be true and correct. Comprehensive Planning Section staff, along with the staffs of the County Attorney's Office, the Utilities Engineering Department and the Transportation Planning Department, has reviewed the referenced Community Development District petition, and has also submitted additional sufficiency questions to the petitioner (see Attachment 4). Based upon the review of the petition and sufficiency information, staff believes that the information found within these documents is substantially true and correct. Agenda Item No. 8A April 27th, 2004 Page 116 of 119 Whether the creation of the district is inconsistent with any appficable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. The VeronaWalk P.U.D. is a portion of the approved Winding Cypress Development of Regional Impact (DRI) originally approved by the Board of County Commissioners in 1999. The VeronaWalk portion of Winding Cypress was approved in 2002. As part of the approval process, the developments were found to be consistent with the Growth Management Plans in effect at that time. The entire P.U.D. lies within the Urban Residential Fringe Sub-district designation on the Collier County Future Land Use Map, as does the CDD. A CDD is a unit of local government established specifically for the purpose of carrying out the approved Master Development Plan and commitments of the VeronaWalk P.U.D. The CDD does not authorize any form or amount of development not previously approved by the Board of County Commissioners. Therefore, staff finds that the establishment of the CDD is consistent with the Collier County Growth Management Plan. As to consistency with the State Comprehensive Plan, the County staff notes that the CDD process is established within Section 190 of the Florida Statutes. The petitioner has not deviated from the standard process, as established by the Statute. Section 187.201, Florida Statutes, contains the text of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goal for Governmental Efficiency, which reads as follows: "Goal. --Florida governments shall economically and efficiently provide the amount and quality of services required by the public." Policy 2 within this goal area reads as follows: "2. Allow the creation of independent special taxing districts which have uniform general law standards and procedures and do not overburden other governments and their taxpayers while preventing the proliferation of independent special taxing districts which do not meet these standards," As an "independent special taxing district", the proposed CDD is consistent with the State Comprehensive Plan. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. The proposed VeronaWalk Community Development District, if approved, will be one of the County's larger CDDs (785+ acres). The BCC has previously approved other large CDDs, such as: Lely Egret CDD (2,893+ acres) Pelican Marsh (2,075 + acres), Fiddlers Creek CDD #2 (999+ acres), and 2 Agenda Item No. 8A April 27th, 2004 Page 117 of 119 Mediterra South/Expansion (1,113+ acres). Based upon this previous experience and the subsequent success of these CDDs, Comprehensive Planning Section staff believes that the VeronaWalk Community Development District meets the above criteria. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. As noted within Exhibit 8 of the CDD petition, there are numerous alternatives available for the provision of infrastructure and services by and for an approved development. These include, but are not limited to the following: private funding procured by the developer; establishment of a homeowners association; establishment of a Municipal Services Taxing Unit (MSTU); establishment of a Municipal Services Benefit Unit; establishment of a Community Improvement District (limited to drainage and irrigation related improvements); establishment of a County- managed special purpose district; or, direct County management. All of these alternative options have various legal, financial or other limitations on their operations or do not provide a focused, compact approach to the provision of infrastructure and services. Therefore, staff finds that establishment of the proposed CDD is the best alternative available for delivering community development services and facilities to the area that will be served by the proposed district. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. The proposed CDD cannot develop any facilities and services that are incompatible with the surrounding area. This is because the CDD's sole purpose is to implement conditions and developer commitments that were part of the original P.U.D. and DRI approvals. The District Board of Supervisors will not have the legal authority to implement any facilities, services or development that would be inconsistent with its existing development approvals. Whether the area that will be served by the district is amenable to separate special- district government. Based upon staff findings concerning the previous five criteria, Comprehensive Planning Section staff f'mds that the subject area for the proposed CDD is amenable to special district government. Furthermore, staff recommends that the Board of County Commissioners adopt the Ordinance, as contained in Attachment 1, establishing the VeronaWalk Community Development District. 3 Agenda Item No. 8A April 27th, 2004 Page 118 of 119 - 1 HAV~ (s) -- (S) ASSLrblRLY (om) o~ PARK 22 ~L~ 23 21 24 19 :~) ~ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: P R 0 J E CT N~S .I ~ 28 27 ':'::::::::-::::': PROPOSED: ;; :':':':'::: LO C AT I 0 N :::::;:: VERONAWALK ODD::::: ~E~ i ~SA ~ ~1~uB 6 / f~n~ KI~ RA April 27th, 2004 LOCATION HAP ~~o~ EXECUTIVE SUMMARY A Public Hearing to consider an application submitted by Naples Community Hospital to the Board of County Commissioners for the issuance of a certificate of public convenience and necessity to provide transportation services for the inter-facility transfer of post hospital patients. OBJECTIVE: To provide better protection for the health, safety and welfare of the residents of Collier County by establishing a Certificate of Public Convenience and Necessity (COPCN) for Naples Community Hospital to provide post hospital transfers. CONSIDERATIONS: Collier County Ordinance 2004-12 requires that Naples Community Hospital submit an application for a COPCN to the Public Services Administrator and that he investigate the applicant's reputation, competence and financial responsibility. In order for the Board of County Commissioners to make a determination as to whether to grant a certificate, the factors below must be considered: 1. The extent to which the proposed service is needed to improve the overall Emergency Medical Services (EMS) capability of the County. Granting a COPCN to NCH would minimally eliminate over Two Thousand (2,000) transports annually. This reduction in transport numbers would enhance the level of availability of Advanced Life Support units to respond to emergency pre-hospital victims. 2. The effect of the proposed service on existing services with respect to quality of service and cost of service. The Ordinance assures that the quality of the current EMS medical treatment and service provided is maintained equally throughout the County by requiring the applicant to use the medical protocols and transport destination protocols established by the County Medical Director. 3. The effect of the proposed service on the overall cost of EMS service in the County. The fiscal impact associated with granting a COPCN to NCH would be a loss of revenue of $100, O00 for the remainder of FY 04 's budget( The reduction in budgeted revenue between FY04 and FY05 is estimated at approximately 1.2 million dollars. This figure is based upon new trends that have developed as a result of raising the attention of this issue including but not limited to: the reduction of out-of-county transport requests and the Board direction to offer a discount for these transports. At the same time, staff estimates a savings of approximately$750, O00 of general funds annually based upon This assumes that NCH will pay all outstanding charges. Agenda Item No. 8B April 27th, 2004 Page I of 4 avoided costs (two growth units over the next two years). The net loss will be further offset by an increase of fees for pre-hospital transports. Additionally, it is anticipated that this reduction will provide a savings of impact fees, which may ultimately result in a reduction of charges. EMS would receive $18,000 per year in medical consultant services 4. The effect of the proposed service on existing hospitals and other healthcare facilities. The effect on Cleveland Clinic and other healthcare facilities of NCH having this proposed service would be an enhancement of the level of availability EMS could provide for routine transports' to these facilities. The effect of the proposed service on personnel of existing services and the availability of sufficient qualified personnel in the local area to adequately staff all existing services. NCH officials have indicated that they will seek to use local Paramedics and EMTs on a Part-Time basis to staff their units. The County EMS and the local Fire Districts are fully staffed and have sufficient personnel to adequately cover this need. The Board of County Commissioners would have the option of laying off existing personnel that were assigned to the Medic 80 unit. 6. That the applicant has sufficient knowledge and experience to properly operate the proposed service. While there is no evidence that the applicant has any previous experience on the operation of a licensed EMS service, the COPCN Ordinance requires that they utilize County resources for cortsultant purposes. 7. That, if applicable, there is an adequate revenue base for the proposed service. NCH has demonstrated that there is an adequate revenue base for the proposed service. 8. That the proposed service will have sufficient personnel and equipment to adequately cover the proposed service area. NCH has purchased two Ford Type 3 ambulances that can adequately cover the proposed service area. NCH has indicated that there may be times when they will require County EMS transport assistance shouM they develop extended maintenance problems. FISCAL IMPACT: The Fiscal Impact associated with granting a COPCN to Naples Community Hospital is a loss of revenue estimated to be $100,000 for the remainder of FY 04. This is due to the fact that staff anticipated 100 % collectior~d~ru~4iL:~tlx~ 8B April 27th, 2004 Page 2 of 4 transports based upon the Manager's agreement with the hospital and anticipated revenue for inter-facility transports for an entire year. This also assumes that the Hospital will pay for all outstanding charges to date. This total, based upon the Board's direction in January, is estimated at over $600,000. GROWTH MANAGEMENT IMPACT: Due to the reduction of the number of transports currently provided to NCH facilities, the Growth Management impact of providing a COPCN for Naples Community Hospital would eliminate the need of placing a new EMS growth unit in service in FY 05, and most likely again in FY 06. It may also impact the need for a planned new station in FY06. RECOMMENDATION: Recommendation that the Board of County Commissioners approve the Naples Commun. ity Hospital COPCN application contingent upon the receipt of all outstanding charges. Agenda Item No. 8B April 27th, 2004 Page 3 of 4 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8B A Public Hearing to consider an application submitted by Naples Community Hospital to the Board of County Commissioners for the issuance of a Certificate of Public Convenience and necessity to provide transportation services for the inter-facility transfer of post hospital patients. 4/27/2004 9:00:00 AM Prepared By Jeff Page Public Services EMS Director EMS Approved By John Dunnuck Public Services Public Services Administrator Public Services Admin. Date 412112004 9:50 AM Approved By Gary A. Vincent County Manager's Office Management & Budget Analyst Office of Management & Budget Date 412112004 1:18 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4/21/2004 11:40 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/21/2004 3:29 PM Agenda Item No. 8B April 27th, 2004 Page 4 of 4 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE FOREST LAKES ROADWAY & DRAINAGE ADVISORY COMMITYEE OBJECTIVE: Appointment of 1 member to serve a 4-year term, expiring on April 21, 2008 to the Forest Lakes Roadway & Drainage Advisory Committee. CONSIDERATIONS: The Forest Lakes Roadway and Drainage Advisory Committee had one term expire on April 21, 2004. This 5 member committee was created on March 10, 1992 by Ord. 92-16 to aid and assist the Board of County Commissioners in carrying out the purposes of providing and maintaining improved roadway related drainage and roadway restoration within the area of the Unit as set forth in Ord. 91-107. They also prepare and recommend an itemized budget, work programs and priorities. Members must reside within the Forest Lakes Roadway and Drainage MSTU. A list of the current membership is included in the backup. The term for Robert Cunningham expired on April 21, 2004. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. lArdavan Moaveni I Resides within MSTU Robert Cunningham - re-appt Resides within MSTU Yes [None Forest Lakes Roadway & Yes I Drainage Advisory Committee COMMITTEE RECOMMENDATION: Re-appointment of Robert Cunningham FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confh-rning the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 27, 2004 Agenda Item No. 9A April 27th, 2004 Page 1 of 10 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS gA Appointment of member to the Forest Lakes Roadway & Drainage Advisory Committee. 4/27/2004 9:00:00 AM Prepared By Sue Pilson Board of County Commissioners Executive Manager to the BCC BCC Office Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/15/2004 12:18 PM Agenda Item No. 9A April 27th, 2004 Page 2 of 10 To: From: Dat~: Subject: Memorandum Sue Filson, Executive Manager Board Of County Commissioners Val Prince, Project Manager April 12, 2004 Committee Recommendation By the Forest Lakes Advisory Committee On April 8, 2004, the Forest Lakes Roadway and Drainage MSTU Advisory Committee met and discussed the member applications to flu the open committee position. Although both applicants did meet the qualifications, the Committee recommended that Mr. Robert Cunningham be reappointed to the Advisory do to his past membership and knowledge of the ongoing activities on the Committee Should you have any question regarding the above feel flee to contact Tessie or me. Transportation Operations Department Agenda Item No. 9A April 27th, 2004 Page 3 of 10 Forest Lakes Roadway & Drainage Advisory Committee Name Mr. Roger Somerville 190 Turtle Lake Court,//2 ! 0 Naples, FL 34 ! 05 E-Mail: District: 4 Category: Work Phone Appt'd Exp. Date Term Home Phone Date. Re-appt 2ndF. ocpDate 2nd Term 10/23/01 04/21/03 2 Yenrs 649-7157 05/27/03 04/21/07 4 Years Mr. William L. Seabury 501 Forest Lakes Blvd., #205 Naples, FL 34105 E-Mail: wmseabury~aoi.com District: 4 Category: 263-:~4,3 04/25/95 040.1/99 4 Years 26.~1090 05/27103 04/21107 4 Years Mr. Robert H. Jones 1002 Forest Lakes Drive Naples, FL 34105 E-Mail: District: 4 Category: 06/08/99 04/21/02 3 Years 649-8692 05/28/02 04/21/06 4 Years Mr. Robert Cunningham ! 100 Forest Lakes Boulevard Naples, FL 34105 E-Mail: District: 4 Category: 04/11/00 04/21104 4 Years Ms. Virginia M. Donovan 1037 Forest Lakes Drive Naples, FL 34105 E-Mail: District:4 Category: 649-5661 05/28/02 04/2 1/06 4 Years · ~ l~'ednesday, May 28, 2003 Page I of 2 Forest Lakes Roadway & Drainage Advisory Committee Work Phone Appt'd ~ Date Term Name Home phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created on 03/10/92 by Ord. No. 92-16 to aid and assist the Board of County Commissioners in caflying out the purposes of providing and maintaining forth in County Ord. 91-107- The will also prepare and recomme~cI an itemized budget, work programs and priorities. Appl~ must reside within the Forest Lakes Roadway & Drainage MSTU. Terms are 4 yearn. gFednesda~, May 2~, 2003 Page 2 of 2 Agenda Item No. 9A April 27th, 2004 Page 5 of 10 MEMORANDUM DATE: TO: FROM: February 23, 2004 Elections Office ~/ Sue Filson, Executive Manager yd Board of County Commissioners Voter Registration- Advisory Board Appointments The Board of County Commi~ioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the coi-aaiission district in which each applicant resides. FOREST LAKES ROADWAY & DRAINAGE Ardavaa Moaveni 481 Quail Forest Blvd., #400 Naples, FL 34105 Robert Cun~ingham 1100 Forest Lakes Blvd. Naples, FL 34105 COMMISSION DISTRICT Thank you for your help. Agenda Item No. 9A April 27th, 2004 Page 6 of 10 MEMORANDUM DATE: TO: FROM: February 23, 2004 Val Prince, Tran.~ortation Sue Executive M.a . er Board of County Commi~ionerg~ Forest Lakes Roadway & Drainage Advisory Co~ee As you know, we currently have vacancies on the ~ovc-referenced advisory committee. A press release was/ssued requesting citizens interested in serving on this committee to submit a resume for consideratio~ I have attached the resumes received for your review as follows: Ardavan Moaveni 481 Quail Forest Blvd., #400 Naples, FL 34105 Robert Cunningham 1100 Forest Lakes Blvd. Naples, FL 34105 Please let me know, in wr~ins~ the reconvnexxla~n for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attaclunents Agenda Item No. 9A April 27th, 2004 Page 7 of 10 FL MCqqT & DEL/ ~ Fax : 2392632733 Feb 10 2004 16:38 P. 02 Application for Advisor, Committees/Boards ~,-,,,,: .4'.~. z~ ~ o"~ /v' /~oPr~..~ .v i nom. eho.e~ [ ~ 3.9.) Ca~ ~ (~ a~le): ~ O~m/~ ~u ~ ~ ~r ~~~ ~ a ~~ ~or ~? y~ Agenda Item No. 9A April 27th, 2004 Page 8 of 10 FL t'~NT & ~ 03RP Fax:25926,32'F3~ Feb 10 2004 16:38 P. 05 Ardavan Moaveni 3936 Tamlami Trail No., Ste. ~ Naples. FL 34103 Profez~iomd Sta~ Bar ofFioridas ~ber 1998 State Bar of California, December 1997 Florida Real E~tate Liee~e, May 1999 U~iversity of Cal~ at H,~fi.ogs, San Francisco, CA Iuris Doctora~ Degree, 1997 M~mber, Hastin~ Public I~mi~t Law Foundation Member, Hastings Environmental Law Society Bachelo~ of Arta, Economics and History, 1993 C.,rad-nt,,.d cum ~ Employmcmt F/orlda lVI~mgeme~t and Development Corporation Vice-Preside~ Active in management and d~velopment of real estaIe in SouthWest Florida Law Of F~s of Pete~ L- Balozh I~search and draft complaints, memoranda of points and authoritios, motions and dcclarafions in general civil practice. IBt~.a'~atioIh~kl Commlttee of Lawyers for ~Hbet Law C~k Created immi~on and asylum project to help Tibetan refugees and asylecs. Counseled Tibe~n refugees on immigration options. Litigated landlord-tenant case and wage and hour case for indigent clients. '3aa ltrancisco New Complaints Summ~ federal and ~ court complaints for publication. Ambrose~ Appelbe & Pyice, London, Englmad Law C/grk Drafted affidavits for divorce cases in family law Wactice. Wrote knIers to client~ and firms..Researched issue~ for personal injury, to court and discusscd cases with counsel at court City of Naple~ Cod~ Enforccmem Board (~39) 263.-232a. Mayl~8-Pres~t Deeem~rl~7-Mayl~8 Summ~l~6 lanuary 1996- May 1996 October l~S-Augustl~6 Summ~l~5 Agend~q~: ~Y 200'3 April 27th, 2004 Page g of 10 82/89/2864 28:33 2394388878 ~101 Fast Ta .mi~l 1 N~ples, ~L.:~II2 F~x: (239) ~ missioners PAr_..-~ 01 Experience: EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD OBJECTIVE: To appoint 1 member currently serving as an Alternate member to fulfill the remainder of a vacant term as a Regular member with the term expiring on February 14, 2006 to the Collier County Code Enforcement Board. CONSIDERATIONS: The Collier County Code Enforcement Board has 1 vacancy due to a resignation with the term expiring on February 14, 2006. This 7 member board, plus 2 alternate members, is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. Mr. Christopher Ramsey resigned from this committee on March 12, 2004. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Raymond J. Bowie - currently serving as an Alternate Member Attorney 4 [ Yes [ Code Enforcement Board COMMITTEE RECOMMENDATION: Quasi-Judicial - no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution conf'm-ning the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 27, 2004 Agenda Item No. 9B April 27th, 2004 Page I of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 9B Appointment of member to the Collier County Code Enforcement Board. 4/27/2004 9:00:00 AM Prepared By Sue Filson Board of County Commissioners Executive Manager to the BCC BCC Office Approved By James ¥. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/15/2004 12:20 PM Agenda Item No. 9B April 27th, 2004 Page 2 of 10 Memorandum To: From: Date: Subject: Sue Filson, Administrative Assistant Board of County Commissioners Micheile E. Arnold, Code Enforcement Director April 6, 2OO4 Candidates for Code Enforcement Board Vacancy The resumes for the applicants listed below were reviewed and these meet the Code Enforcement Board Ordinance No. 92-80, general classification requirements in the following categories: NAME CATEGORY Raymond J. Bowie Attorney (Currently an alternate interested in serving as a permanent) If you need further assistance, please advise. DISTRICT Four MEA/slh Code Enforcement Department Community Development & Environmental Services Division Agenda Item No. 9B April 27th, 2004 Page 3 of 10 Collier County Code Enforcement Board - North N~ Work Phone Appt'd ~ Date Term Home Phone DateRe-appt 2ndE. xpDate 2nd Term Mr. Albert Doria, Jr. 6134 Polly Avenue Naples, FL 34112 E-Mail: District: 1 Category: REGULAR - Business-Insurance 403-3940 02/11/03 02/14/06 3 Years 774-5211 10/28/03 02/14/05 2 Years Mr. Raymond J. Bowie 435-1007 900 Sixth Avenue, South, #104 775-0010 Naples, FL 34119 E-Mail: RealtyCounsel(~u~link.net Distri~: 4 Category: ALTERNATE - Attorney - Real Estate 10/28/03 02/14/04 4 months 10/28/03 02/14/07 3 Years Mr. Robert E. Dowling 7558 Cordoba Circle Naples, FL 34109 E-Mail: Distr.: 2 659-6197 598-5972 02/10/04 02/14/06 2 Years Ms. Sheri Barnett 1160 27th Street, S.W. Naples, FL 34117 E-MaiL' District: 5 Category: REGULAR - Financial Planning 591-2149 455~296 09/10/02 02/14/05 3 Years Mr. Clifford Wesley Flegak Jr. 237 Memory Lane,//4 Naples, FL 34112 E-Mail: sflegnl I ~worklnet.att.net Distri~: I Category: REGULAR/Realtor 774-5.q~ 06/03/97 02/14/00 8 months 774-5066 01/13/04 02/14/07 3 Yenrs P/ednesda~, February IL 2~4 Page I of 3 Agenda Item No. 9B April 27th, 2004 Page 4 of 10 Collier County Code Enforcement Board - North Work Phone Appt'd Exp. Date Term Home Phone Date. Re-app~ 2ndE. xpDate 2nd Term Ms. Roberta Dusek 963 Fountain Run Naples, FL 34119 E-Mad: District: 3 Category: REGULAR - Realtor 774-2428 07/28/98 02/14/01 3 Years 2B1-1111 01/13/04 02/14/07 3 Years Mr. Gerald $. Lef~na'e 4401 Bee~hwood Lake Drive Naples, FL 34112 E-Mail: D~trict: 1 Category: REGULAR - Real Estate/7~ning 659-2449 04/28/02 02/14/03 I Year T/5-8604 02/11/03 02/14/06 3 Years Mr. George P. Ponte 565 Augusta Boulevard, Apt. 10 793-t370 Naples, FL 34113 E-Ma//: District: 1 Category: REGULAR - Retired CBS Employee Mr. Christopl~ Ramso7 ~.~ 363 Torrey Pine Naples, FL 341 i 3 E-Mail: gcrjd~Lc~m Disltict: 1 Category: REGULAR - Attorney 5~2.-0840 417-0228 02/18/97 02/14/00 3 Years 02/11/03 02/14/06 3 Years 10/28/03 02/14/06 3 Years Wedn~:utay, February 11, 2~04 Page 2 of $ Agenda Item No. 9B April 27th, 2004 Page 5 of 10 Collier County Code Enforcement Board - North Name Wark Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2nd~.~Date 2nd Term This 7 member board was cmal~ purmant to Chap~ 162 of the FL Stat. by ~ 88.8g ~,.~sinessman, engineer, general cenWact~, mlxx3almea~ and Real~ and am' censidered.- ........ '~n the Supervisor of Elecliens. Teaasam3yeem, This~saQuastJudicialBeerd. T~n3allemate FL STAT 162 Staff.- Micheile ArnOld, Code Enforcem~ Director:.: 4032413 February IL 2~4 Page 3 of 3 Agenda Item No. 9B April 27th, 2004 Page 6 of 10 MEMORANDUM DATE: April 5, 2004 TO: FROM: Elections Office ~ Sue Filson, Executive Manag Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county'S advisory committees. Please let me know if those listed below are Also, please' list the COlranission district in which each applicant resides. CODE ENFORCEMENT BOARD Raynx~nd J. Bowie 2175 Sheepshead Drive Naples, FL 34102 COMMISSION DISTRICT Thank you for your help. :~ ' ~$sioners ~o*rc .... A0enda Item No. 9B April 27th, 2004 Pa~e 7 of ~ 0 m MEMORANDUM DATE: TO: FROM: April 5, 2004 Michelle Arnold, Code Enforcemgnt Director Sue Filson, Executive Manager~. Board of County Commi~ioner~- Collier County Code Enforcement Board As you know, we cutren~ have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this co~ittee to submit a resume for consideration. I have attached the resumes received for your review as follows: Raymond J. Bowie 2175 Sheepshead Drive Naples, FL 34102 Please let me know, in writing within the-41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration- Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attai:~s Agenda Item No. 9B April 27th, 2004 Page 8 of 10 Page 1 of 2 filson s From: Advison/Boards Sent: Tuesday, March 16, 2004 8:13 PM To: fllson_s Subject: New On-line Advisory Board Application Submitted. co.. Board of County Commissioners . Tel: (239) 77~2 Fax: (239) 77'4-3602 lVtarch 16, 2004 Application for Advisory Committees I Boards Name: Raymond J. Bowie Home Phone: 239-775-0010 Home Address: 2175 Shee~ad Drive City:. Naples 21p Code: 34102 Fax Numbe~. 239-435-0021 Business Phone: 239-435-1007 Email Addm,~: LawyersRE~aol.com Categol~:. (if applicable) YoUng Membe~ Are you a registered voter in Collier County? Yes 311712004 Do*Joe now se~e, or have yoo sen~ on a Ce4Ue~ County board o~' c:omrniltee? Code Enfomemen~ Board (Cun'ent Allemab~ Member) Ye~ Code Erdorcement Beam (2003-Pmsem), AJtemate Member ~ County Bar Assodation, Previous Chair (2000) Reel E_~__te Section Naples Area Board of Realtors, Direc~m (2000-2001) Royal Harbor AssociaUon. Member C, mater Naple~ Ctmmber of Commerce. Member Coir~er County Republican Executive Commiltee, Precinct Representative Juds Doc~o~ (Law Degree) Ph.D., Real Estate Studies M.B~.., Buainess Adminisl]'ation Agenda Item No. 9B April 27th, 2004 Page 9 of 10 Page 2 of 2 p~vate Practice of Law (1996-Present). Naples. Flmida Private Practice of Law (19~1- 1995). Fair/ax, Virginia Real EMate Broker (1960-Present). Virginia, Mary~nd & FIoricla Mortgage Broker (1967-1993), Faiffax. ~rginla Code Enforcement Board: I have had expedence on 1he 8orad since Fal of 2003 as ~ltei'Tmke member, Includin~ actin~ as ~oting member at several meetings. This ap~ is to move from alternate member to the voting member position recent~/vacated with the resignation of member Ctuts Ramsay. 311712O04 Agenda Item No. 9B April 27th, 2004 Page 10 of 10 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE BAYSHORE BEAUTIFICATION MSTU ADVISORY COMMITTEE OB.JECTIVE: To appoint 2 members to fulfill the remainder of vacant terms, expiring on March 3, 2005 to the Bayshore Beautification MSTU Advisory Committee. CONSIDERATIONS: The Bayshore Avalon Beautification MSTU Advisory Committee has 2 vacancies due to resignations with the terms expiring on March 3, 2005. This 5 member advisory committee was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watering facilities, plantings and maintenance of the median strips of roadways within the MSTU; provide traffic calming improvements; and, beautification and maintenance of other areas within the MSTU. Members will also prepare and recommend an itemized budget to the Board of County Commissioners. Members must be permanent residents or owners of commercial property within the MSTU boundaries. A list of the current membership is included in the backup. We currently have I vacant position and Thomas L. Welstead resigned on March 24, 2004. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT .CATEGORY Sharon King I Resident Victor L. Brillain I Resident DIST ELECTOR ADV. COMM. 4 I Yes I Bayshore Gateway Triangle 4 I Yes I None COMMITTEE RECOMMENDATION: No recommendation due to lack of quorum. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIl. 27, 2004 Agenda Item No. 9C April 27th, 2004 Page I of 9 Item Number Item Summary Meeting Date Approved By James V. Mudd Board of County Commissioners COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9C Appointment of members to the Bayshore Beautication MSTU Advisory Committee 4/27/2004 9:00:00 AM County Manager County Manager's Office Date 4/20/2004 5:20 PM Agenda Item No. 9C April 27th, 2004 Page 2 of 9 Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: Bob Peterseh, Project Manager Landscape Operations Date: April 15, 2004 Subject: Bayshore Beautification MSTU Advisory Committee The Bayshore Beautification MSTU, at their regularly scheduled meeting on April 14, 2004 at 4:00 p.m. at 2705 S. Horseshoe Drive did not have a quorum present, however, the consensus of the members present were in favor of recommending to the Board of County Commissioners that both applicants, Sharon King, and Victor L. Brittain become members of this advisory committee. cc: Diane B. Flagg Dircctor, Traffic Operations and Al~ernmive Tnnsportnlion Modes Transportation Services Division Agenda Item No. 9C Traffic Operations & Alternative Transportation Modes April 27th, 2004 Page 3 of 9 Bayshor~ Beautification MSTU Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone Date. Re-appt 2ndExpDate 2nd Term Declared Vacant 1-27-04 03~3/05 Naples, FI., E-Mail: District: Category: Resident 3.o~t,~'C ,,~ . Mr. Thomas L. Welstead -~ (~bt~'~t~ 3762 Haldeman Creek Drive 732-1917 Naples, FL 34112 E-Mail: District: 4 Category: Resident 11/27/01 03/03/05 3 Years Mr. Thomas E. Finn 3524 Windjammer Circle Naples, FL 34112 E-Mail: District: 4 Category: Resident 793-2O85 03/11/03 03/03/06 3 Years Mr. Maurice Gutierrez 2736 Shoreview Drive Naples, FL 34112 E-Mail: Disiric~: 4 Category: Resident 263-05~ 08~3~9 03/03/00 8 Momhs ~7022 01~7/04 03~3/08 4 Years Mr. Bill L. Neal 3839 Clipper Lane Naples, FL 34112 E-Mail: District: 4 Category: Resident 774-6325 03/03/98 03/03/00 2 Years 01/27/04 03/03/08 4 Years ~,Fednesday, Jtmuary 28, 2004 Page I of 2 Agenda Item No. 9C April 27th, 2004 Page 4 of 9 Bayshore/Avele~ Beautification MSTU Advisory Committee ;Fork Phone Appt'd Ext~ Date Term Home Phone DateRe-appt 2ndF~cpDate 2nd Term This 5 member committee was crealed on December 16, 1997, by Ordinance No. 97-82 to wilhin lhe MSTU; provide Iraffic calming improvements; and. ~ and maintefmnce of ol~er areas a~hin lhe MSTU. Meml~m wil/pre.ms ~1 recemmend ~n itemized budget to t~e commercial property within the MSTU. Terms are 4 years. FL STAT 125.0] 8~.- Bob Pe~ersefl, Transportation Services: 213-5871 l&rednt~ay, January 28, 2~04 Page 2 of 2 Agenda Item No. 9C April 27th, 2004 Page 5 of 9 I MEMORANDUM DATE: TO: FROM: February 23, 2004. Elections Office Sue Filson, Exe~utiw Board of County Commissio~ RE: Voter Registration- Advisory Board Appointments The Board of County Commissioners will soon comider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. BAYSHORE/AVALON BEAUT MSTU ADV COMM, Sharon King 3307 Dominion Drive Naples, FL 34112 Victor L. Brittain 2779 Be. cea Avenue Naples, FL 34112 COMMISSION DISTRICT Thank you for your help.' Agenda Item No. 9C April 27th, 2004 Page 6 of 9 MEMORANDUM DATE: TO: FROM: February 23, 2004 Bob Petersen, Landscape Engineer II Transportation Department ~ [~]~..._ Sue Filson, Executive Manage~ 'a I Board of County Commi~ion~]~/ Bayshore/Avalon Beautification MSTU Advisory Conanittee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this coa:mittee to submit a resume for consideration. I have attached the resumes received for your review as follows: Sharon King 3307 Dominion Drive Naples, FL 34112 Victor L. Brittain 2779 Becca Avenue Naples, FL 341 I2 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fran~, and I ~ prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call mc at 774-8097. Thafik you for your attention to this matter. SF Attachments Agenda Item No. 9C April 27th, 2004 Page 7 of 9 Application for Advisory. Committees/Boards nty Board of County Commissioners 3301 East Tamimi Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 VICTOR L BRITf'AIN Home Address: 2779 BECCA AVE Zip Code: 34112 Phone: 793--3223 Fax: 793-3223 e-mail address: BARECLOSEi~(~AOI~COM Board or Committee Applied for: BAYSHORE-AVALON MSTU Are you a ~.~ered voter in Co__m~__ Co~_: / Yes X [] [ No [] DO you curren_qy hold ?ldic office: ! Yes [] ,I,N°x [] lfso, wktt office dO you hold: Do you now serve, or have you ever served on a Collier County board or commifiee: Ify~s, }2-- ~-'ltst the Please list your ¢ommnnity ~__ei'_ivities (dvic,-~. m~. ~mo~ msocbdims, etc. a~l i~Zims hdd): PAST MEMBER OF COI,I.1RR C1¥ HOMELESS COALrI'ION AND COI,I.ig~R CrY HUNGER COALITION. Education: 3 YRS OF GRANDUATE STUDY IN THEOLOGY, MA IN SOCIOLOGY ExpcricncWBfwk~m'ound: I HAVE LIVED IN EAST NAPLF~ AREA FOR ~Y 30 YRS AND WITHIN Ti~ PAST TWO YE,AI~_q I HAVE BUILT A NEW HOME ON BECCA AVE OFF BAYSHORE. I HAVE MUCH INTEREST IN SEEING I?l_ tS AREA CONTLrqUE TO IMPROVE, YET KEEP 1TS UNIQUE CHARM AND FLAVOR. I FIRMLY BEI.IW. VE ~ BAYSHORE-AVALON AREA HAS POi'I~NTIAL TO EVEN RIVAL THAT OF ~ AVE S AND MANY PARTS OF NOR~IM NAPLES IF LED CAUTIOUSLY AND THOUGHTFULLY. MY LocAL BUSINESS EXPERII~NCE HAS BEEN IN BEING AN OWNER OF A SUCCESSFUL LANDSCAPING BUSINESS FOR 15 YRS AND REGIONAL DIRECTOR OF CATHOLIC CHARITIES FOR SEVERAL YEARS. I CONSIDER MYSELF NOW SEMI-RETiRED AND HAVE THE TIME TO PAY-BACK TO MY NEIGHBORHOOD IN'lIME AND SERVICE. ! Board of County-Commissioners 3301 East Taminmi Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards nome rhone: ~p Code: ~q' ~ No Board or Committee Applied for: (~ ~'-Y=~ - Category (if applicable); Example: Cemmissloe DisU4ct, Developer, envtnmmemabt, lay person, etc. Are you a registered ¥otef in Collier Coflnty: Yes ~/* No Do you currently bom public office? Yes No If so, what is that office? Do you now serve, or have you ever served, ou a CoBier County board or cemmitte~? Yes If yes, please list the committees/boards: ~*- ~2. f~ Please tist your community activities (civic clubs, neighborhood associations, etc. and positJeas held: Education: Experience: Agenda Item No. 9C April 27th, 2004 Page 9 of 9 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE HOUSING FINANCE AUTHORITY OBJECTIVE: To appoint 2 members to serve 4 year terms expiring in 2007 to the Housing Finance Authority. CONSIDERATIONS: The Housing Finance Authority has 2 vacancies. This 5 member authority was created by County Ordinance No. 80-66 on July 29, 1980, pursuant to Chapter 159, Part IV, of the Florida Statutes as a governmental body authorized to issue tax exempt bonds. Not less than a majority of the members shall be knowledgeable in one of the following fields; labor, finance or commerce. Terms are 4 years. A list of the current membership is included in the backup. The terms for T. M. Hayes and George C. Mohlke, Jr. expired in 2003. A press release was issued and resumes were received from the following 7 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. George C. Mohlke, Jr. - re-appt Labor and Commerce 4 Yes Housing Finance Authority Health Facilities Authority William J. Kennelly Property Management 2 Yes None Raybum Cadwallader Law/Business 2 Yes Affordable Housing Commission Jane V. Ostrowski Real Estate/Business Owner 4 Yes None Donald Richard Banks Banking 4 Yes None J. Patrick Laux MBA - Finance 3 Yes None James N. McKay Business Administration 3 Yes None T. M. Hayes - re-appt CPA ~2 Yes Housing Finance Authority COMMITTEE RECOMMENDATION George C. Mohlke, Jr., expiring 6/25/07 T. M. Hayes, expiring 10/12/07 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 27, 2004 Agenda Item No. 9D April 27th, 2004 Page I of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 9D Appointment of members to the Housing Finance Authority 4/27/2004 9:00:00 AM Prepared By Sue Filson Board of County Commissioners Executive Manager to the BCC BCC Office Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 411912004 2:05 PM Agenda Item No. 9D April 27th, 2004 Page 2 of 23 04/16/2004 08:22 FAX 941 5981161 DONALD A PICKR'ORTlt PA [~1002 Gm?D. Zind C/mfrn~m Mic/tael Cart T/fce-O~nfrn~m T,M. H~gs $ ecret,~ /Tre~mrer Housing Finance Authority of Collier County 5150 Tamiami Trail North, Suite 502 Naples, Florida $4103 (239) 263-8060 April 14, 2004 Sue Filson Admini.~ativ¢ Assistant Board of Couaty Commissioners Collier County Coutflmou~, Building"F" 330.1 East Tamiami Trail Naples, FL 34112-4977 Suzanne llradach Member George C. Moldl~, lit. _Membqr Donald A. PieA~onh Co~mset to Authority Re: Appointments to Housing Finance Authority Dear Ms. Filson: The Housing Finance Authority has two current vacancies as a resuk of the expiraIion of the terms ofT34. Hayes and Chuck Mohike. Both of these members have conveyed their dedre to be re-appointed and, as Chairman of thc Authority I recommend their rc-appoinlmcat. T_M. Hayes Ires boon a member of the Authority for many years, and is our secretary~urcr. He is a CPA by profession and brings to the Authority substantial experience in analyzing the financial aspects of proposed transactions. to" . C.huc.k...M0hlkehasbeemamemberforthr~eyears, and is known to all the Board me~nbcrs. Hebrings mc ,q, umonty a wealth of knowledge conccrrfing the local labor market and local corem erce alld workfi:wco housing needs. His advice and counsel are invaluable to the Authority. According]y, He Authority has requested mc to convcy to you its r~.ommendaxion for the re.- appo/ntmcnt of T/bi. Hayes and George C. Mohlkc for four year tciias bcginniag the date of the expiration of their current terms. For TaM. Hayes, this would result in a term to run from Octobcr 13, 2003 to October 12, 2007, and for George C. Mohlk~ this would result in a term which would run from June 26, 2003 to ~'une 25, 2007. If you need fmlher information, please give me a call. "~ary D. Lind Chairman Agenda Item No. 9D April 27th, 2004 Page 3 of 23 Ms. Suzanne Bradach 3133 Carriage Circle Naples, FL 34105 E-Mail: District: Category: Finance Mr. T. M. Hayes 150 North Street Naples, FL 34108 E-Mail: District: Category: Accounting Mr. Michael $. Carr, Sr. 11466 Longshore Way, W. Naples, FL 34119 E-Mail: District: 5 Category: Finance & Real Estate Mr. George C. Mohlke, Jr. 1400 Pompei Lane, Unit 45 Naples, FL 34106 E-Mail: District: 4 Category: Labor and Commerce Mr. Gary D. Lind 4001 Tamiami Trail North Naples, FL 34103 E-Mail: District: Category: Finance Housing Finance Authority Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 949-6115 04/22/03 08/03/07 262-3825 262-8686 10/12/99 10/1 2/03 566-3614 261-1113 06/25102 06125/06 591-4295 262-1410 06/25/02 04/13/03 4 Years 3 Years 4 Years 262-8800 03/21/95 03/21/99 4 Years 04/22/03 04/13/07 4 Years 10 Mos. J Wednesday, January 28, 2004 Page I of 2 Agenda Item No. 9D April 27th, 2004 Page 4 of 23 Housing Finance Authority Name Work Phone Appt'd Exp. Dale Term Home Phone DaleRe. appt 2ndExpDale 2nd Term This 5 member aulhotity was creeled by Courtly Ordinance No. 804~ on July 29. 1980. pursuant to Clmpter 159, Part IV, Florida Stalutes as a gov~ body authorized to issue the fo#owing fields; lalx~-, finance, ~ commerce. Terms are 4 yearn. FL STAT 159 Staff.- Attorney Don Pickworth: 263-8060 January 28, 20~4 Page 2 of 2 Agenda Item No. 9D April 27th, 2004 Page 5 of 23 MEMORANDUM DATE: TO: FROM: February 23, 2004 Elections ~ Board of County CommissioneYs~ RE: Voter Registration - Advisory Board Appointments The Board of County Cornmi~.sioners will soon consider the following individuals for appointment to one of the count, s advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the conmais~n district in which each applicant resides. HOUSING FINANCE AUTHORITY George C. Mohlke, Jr. 1400 Pompei Lane, Unit 45 Naples, FL 34103 William J. Kennelly 805 Lake Vista Court Naples, FL 34108 Raybum Cadwallader 1090 Egrets Walk Circle Naples, FL 34108 ~I¢o9qgSc~''3 Jane V. Ostrowski 1075 W'meonsinDrive Naples, FL 34103 2215 Hawksridge Drive, Apt. 802 Naples, FL 34105 J. Patrick Laux 6459 Higl~rot~ Drive Naples, FL 34119 COMMISSION DISTRICt... Agenda Item No. 9D April 27th, 2004 Page 6 of 23 James N. McKay 1146 Augusta Falls Way Naples, FL 34119 Thank you for your help. Agenda Item No. 9D April 27th, 2004 Page 7 of 23 MEMORANDUM DATE: TO: FROM: February 23, 2004 Attorney Don Piekworth ~ Sue Filson, Executive Manager ~) · Board of County Commissioners Collier County Housing Finance Authority As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesth~ citizens interested in serving on this committee to submit a resume for consideration. I have attae~ the resumes received for your review as follows: George C. Mohike, Jr. 1400 Pompei Lane, Unit 45 Naples, FL 34103 William J. Kennelly 805 Lake Vista Court Naples, FL 34108 Rayburn Cadwallader 1090 Egrets Walk Circle Naples, FL 34108 Jane V. Ostrowsld 1075 W'mc, onsin Ddve Naples, FL 34103 D. Richard Banks 2215 Hawksridge Drive, Apt. 802 Naples, FL 34105 J. Patrick Laux 6459 Highcrofl Drive Naples, FL 34119 James N. McKay 1146 Augusta Falls Way Naples, FL 34119 Agenda Item No. 9D April 27th, 2004 Page 8 of 23 Please let me know, in writing, the reco~tion for appointment ofthe advisory committee within the 41 day time-hame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Agenda Item No. 9D April 27th, 2004 Page 9 of 23 Fraser & Mohlke Associates~ Inc. 1,100 Pompet Lane - Unit 4~ · Post Office Box 2312 Naples~ Florida 3410~2312 Telephone: (941) 267~1410 Telecopie~. (941) 267~11&0 e-mal~ framoh~aol.com February 12, 2004 The Honorable Sue Filson (774-3602) Executive Manger Collier County Board of Commissioners 3rd Floor - W. Harmon Turner Administration Building County Government Genter Naples, Florida 34112 Dear Ms. Filson: RE: Housing Finance Authority of Collier County. In response to the notice of a vacancy, I am submitting my name for Board consideration for the position of a member of the Housing Finance Au .t~ority of Collier Gounty. Enclosed is an "Application" for you review and comment. If you require further information, I welcome your inquiry and I will sub- mit the required response in a timely manner. Thank you for your consideration in this matter. J Very truly yours, Agenda Item No. 9D April 27th, 2004 Page 10 of 23 Board of County Commissioners 3301 East Tamiami Trail, Naples, Florida 34112 Telephone: (239) 774-8097 Telecopier: .(239) 774-3602 Application for the Housing Finance Authority. of Comer Connt~ Name: George C. 'Chuck' Mohtke, Jr. T~.iglzlzo. l~: (239) 262-1410 ~:~lg~gl~i~: 1400 Pompei Lane - Unit 45, Naples, Florida Zlp_C. als~: 34103 ~.~x~b~t: (239) 262-1150 J~tl~e~_PJlo~: (239) 262-1410 ga~aaiLadd~: framohCi~aol.com iku~ug~: Fraser & Mohlke Associates, Inc., a market research company ~: Bnsinessperson Are you a re~stered voter in Collier County_: Yes (Voter registration number: 31275) Do you currently hold public office: No Do you now serve: or have you ever served; on a Collier County_ board or cornrnitt~c~: Yes Please list the comrnittees/boardx: Rural Fringe Area Assessment Oversight Committee (1999 - 2002), Colliek County Elections Resource Committee (2001 - 2002), Collier County Health Facil- ities Authority (2001 to present), C.ollier County Transit Review Advisory Committee (1998 - 2000), Metropolitan Planning Organization Citizens Advisory Committee (1987 - 1995, Chair, man, 1990 - 1995), Collier County Fire District Consolidation Study Group (1988 - 1991, Chair- man 1988 - 1991), and Tourist Development Council (1983 - 1987, Vice Chairman 1985 - 1987). Please list your community activities (civic clubs: neighborhood associations, etc.~ and position.. helg[: I have served as a member of the Board of Directors of Carver Finance, Inc., a fiduciary- oversight board that monitors the George Washington Carver Apartments on behalf of the Naples City Council (1983 - 1992, Chairman 1985 - 1992); David Lawrence Community Mental Health Center (1997 - 2000); Planned Parenthood of Collier County (1995 - 2001); Greater Naples Civic Association (1987 - 1989); and the NAACP (1983 - 1987, 2nd Vice President 1985 - 1987) among others. I have served as the Chair of Collier County's Democxatic ~ecutive Committee since 1988 and as Collier's State Committeeman since 1998; I am a member of the Florida Democratic Party's Central Committee and its Judicial and Rules committees; I was elect- ed to the Democratic National Committee in 2000. In 1991, Governor Lawton Chiles appoint- ed me as a member of the selection committee which recommended the site of Florida Gulf Coast University (FGCLD to Florida's Board of Regents. I was a founding member of Affordable Housing of Southwest Florida, lnc., a group whose activities led to the development of Jasmine Cay, a below-market-rate apartment complex located in Naples' River Park community. F:glucal:if~: University of Minnesota, Bachelor of Arts (cum laude). ~: .T-he oppor~nity to serve on the Housing Finance Authority of Collier County would permit me to utilize my commun, iW-servtce experience and market-research background to evaluate applicant proposals tb construct housing developments to serve low- and moderate- income persons in Collier County and the supporting pro forms operating statements submit- ted by those 'applicants seeking bond financing that the Authority may consider for issue. Agenda Item No. 9D April 27th, 2004 Page 11 of 23 Board of Colmty Commin~io~ers 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 N~mc: Wil!i_nm J. g~n- _~y Home Address: 805 1 ake V'~ta Court Naples, F! ~fome P _~e__-: 239-~ 9782 ] Bm~e~_~ l~___~e: [ Zip Code: N/A I Fax: ~ 9782 Board or C_ammi-fl--~- Applied for: The Ho~si_n_g Finance Authori~;~ Ple~-~_- list your ¢omm~lnit~ acti~_'_fi~_ _ (~--~-: ~-.-----~-~ ~ rte. and positions hals'): Board of Directors of an Ohio Savings and Loan Board of Directors of Toledo Hospital Board of Directors of Toledo Area Chamber Commerce Board of Directors of Toledo C~holic Diocese Housing ARency Past F~i_de__nt of Toledo Area Governme~_~_~! Research Association Past Preside~__t of the Toledo Oab Co-Chairman of the Citizen Study of the Lucas MetropoY~_n Homing Authority Board of Tru-~?~ of St. V'mce_nt Medical Center Found~_~!'on Tr-u~-tee of United Way of Gre_~_er Toledo Education: B.S. Ohio State University R_e~l ]~_~te Prof__e~_~onal D~ignntion~- Property M~nn~pement-Commercial Investment Experience~ack~ound: Have served for close to 30 years ns Se~cetm3 of the Toledo Catholic Housing Agency. We presently have 768 unites of family and elderly housing, Have owned a veal estate property management firm for over 40 years. We managed apartments, commercial and industrial properties P.~ved designs_tlons in real _,~_ _..w__ th_~* required u__nder~t~ndings of iJve~t properties analysis. Pay~ '" I,~. g JO Tami~mi Trail :~.~ 34112 774-8097 Application for Advisory Committees/Boards Name:~RAYBURN CADWALLADER 514-4082 1090 EGRETS WALK CIRCLE NAPLES, FLORIDA Fax No: NONE E-mail address: RAYSTEAMI{~AoI~COM Business:RETIRED Board or Committee Applied for:HOUSING FINANCE AUTHORITY Category: BOARD MEMBER F~um~e: Commission I)istflc*, Deyek)peF, eu~iFonmen~tist, ity ~ Are you a registered voter in Collier County? Yes Do you .currently hoM public office? No Do you now serve, or have you ever served, on a Collier County board or committee? Y~s If yes, please list the committees/boards__AFFORDABLE HOUSING COMMISSION Please list your COmm~lity activities (civic clubs, neighborhood associations, etc. and positions held: I HAVE ORGANIZFJ~ 8 CMC ASSOCIATIONS. Education: BBA UNIVERSITY OF CINCINNATI, DJP SALMON P. CHASE LAW SCHOOL gxperieaee: I HAVE BEEN PRESIDENT OF A SAVINGS BANK. I HAVE VOLUNTEERED FOR 40 YEARS AS A "PRO BONO" LEGAL COUNSEL TO MANY PRIVATE NEIGHRORHOOD DEVELOPMENT CORPORATIONS. bfor~m y~ fee/pen/~e~t. T/ds app//caa~ s/~dd befoe~o~e~ to Sue F'dson, P-x~ Marengo to tke 3301 ~ Tamla~d Tr~, N,~, FL $4112. lf y~ ~i~k, plmse fa~ yom. opp!~_-_ to C2J ~) 774-3~2 ~ Agenda Item No. 9D April 27th, 2004 Page 13 of 23 Feb-10-04 0G:ZSpm FrorQulf Coast Mortlale 23~2530924 T-675 P.001/001 F-.$16 Board of CommtY C°T"missl°G- -'e~.:-'~ ~'i~ '!~:~' ,t L , 3301 ib~t ~t Tr~I '.: Application for Advisory Commtttees~.~°ards Agenda Item No. 9D April 27th, 2004 Page 14 of 23 Feb 09 04 02:08p DICK BRHKS 2394350823 p. ! Board of County Commissioners 3301 East Tamiami Trm'i Nal~e~, FL 3411~ F~: (~) ~2 Application for Advisory Committees/Boards Fnx N~ ~ Phone: Home Phone: z~, Code: ~ No /~ Category (ff applicable): ~-.~.-ph~ Cemmbs~o, Ob~rtcC. l)evdepff-. ,,n~onm.~.n~ I,~ per, e,. etc. Are y~ a ~d vo~ ~ Co~ ~un~: Y~ ~ No Do you curtly hoM pub~ o~ce? If ~ wht b ~ ~ ~ ~e ~m~r~ Please list your communit~ aOivitle~ (civic dubs, neighborhood nssocintions, etc. and _p~sitions heM: Experience: Agenda Item No. 9D April 27th, 2004 Page 15 of 23 Feb 09 04 02:08p DICK BRNKS 2394350823 Nearly 30 years of banking experience, mostly with 1Vlm~¢ Midland Bank, N.A (now HSBC) in New York City which included heading a group marketing and lending to corporations. This was followed by two years in Hong Kong with Marine's pre-empt bank, HsBC, where I coordinated global marketing and lending to U.S. corporations. I then rettuned to Mach-~e to head the public finance group providing letter of credit support for bond issues for municipalities and authorities. Credit exposure in each group exceeded $1billion~ This was followed with over 10 years ofmarketing experience successfiflly promotlng software and consulting services for EDS, Oracle and PricewaterhouseCoopers. I believe with my unique combination of senior banking and marketing positions I could make an important conm~ution to either the Housing Finance Authority or the Tourist Development Council. I live here year-around, am retired, 67 years of age, in good health, physically active, and looldng for an opportunity to participate meaningfully in a community activity. Agenda Item No. 9D April 27th, 2004 Page 16 of 23 p.1 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards / Fax No. Busine~ Phone: '7(~ - ~::05~ ~ ~e~.mail addre~: Are you a registered voter in Collier Count)~ Ye~ ~ No Do you currently hold public office? Yes lfs~, what is that office? DO you now serve, or have you ever served, on a Collier County board er committee? Ve~ If yea, pleaze list the comm~leeaPooards: No= ~e~ Plense~list your. community activities (civic clubs, neighborhoo~l~ associations~ etc. and positions heM: to ti*e Bo'wd of ¢o~nO' ~ $-~! E~z~ T~i~ml Tr~t, N~Mez. FI. 34112. if'yo~ ~s~, pi~mze far y~r ~ to t219) 774-~02 or ~ to s~cfd.~,;~:co#ie~ov.,~e~ T~,mA you for mbwteering t~ xer~ t~e ~_.~ of ~ ~ Agenda Item No. 9D April 27th, 2004 Page 17 of 23 Page I of 3 filsxm._ From: James McKay Dmckay3C~pr(x:ligy.net] Sent: Friday, February 20, 2004 1:10 PM To: §lson_s Subject: My Adviso~ Boards Application Dear Ms. Fiison, Please accept my application for the board positions indicated. If any additional data is needed feel free to call me. VerY Truly Yours, Jim McKay Application for Advisory Committees/Boards C4,m T,~ 34J J Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Name: 3ames N. McKay Home Address: 1146 Augusta Falls Way Zip Code: 34119 e-mail address: ~jmckav3~prodigy.net Board or Committee Annlied for: County Government Productivity Committee; ~_____~e Ho~.~ing~Finance Commi~e~ Category (if applkable) Example: Commission District, DeVeloper, environmentalist, Citizen-At-Large, etc. ' 4genda ite~m No. OD 2/20/2004 Page 1~ of 23 Page 2 of 3 Are you a registered voter in Collier County? Do you currently hold public office? Zf so, what office do you hold? Do you now serve, or have you ever served on a Collier County board or committee? Zf yes, please list the boarda/committees: I Yes X I No Yes No X lYes I No X Please list your community activiUes (~k c~.~, neighborhood associations, etc. and Ix~itions held): Past Vice President of Augusta Falls Homeowners ASSociation; Member, Military Off. ers Club of Collier County In former residences I have served on many committees including First Presbyterian Church, Boy Scouts, Little League Baseball, YMCA Youth Soccer, YMCA Youth Basketball, March of Dimes. Education: Received Bachelor of BuSiness Administration from Ciarkson University, Potsdam NY; Graduate work at George Washington University Experience/Background: 2/20/2004 Agenda Item No. 9E April 21th, 200Z Page 19 of 23 c~& Page 3 of 3 I have government experience as an Employment Interviewer for the State of New York. U. S. Army paratrooper, Intelligence Officer, rank of Captain with Honorable Discharge. Eastman Kodak Company 32 years - Last position was General Manager Special Products Business Unit. International responsibility for profit and loss of $100 million business. Former positions include sales management in Business Systems Markets Division. This was a unit designing and supplying computer driven business solutions to govemment and private industry. I have had a wide range of line and staff positions in my career which provide a depth of experience and understanding. I have a sincere interest in serving Collier County and enjoying the activity of direct participation with officials and staff. 2/20/2004 Agenda Item No. 9D April 27th, 2004 Page 20 of 23 02/2~/2004 01:2S PM Rust & Christopher, P.A. 23~ 28f 2207 I/2 RUST, CHRISTOPHER & COMPANY, P.A. Certified Public Accountants 1o44 Castel]o Drive, Suite 101/I 02 Naples, Florida 34103 Phone:239.261.1941 Fax:239.261.2207 FACSIMILE TRANSMITTAL SHE£T FROM: '77g. DATE: TOTAl, NO. OF IL-kGI:.S INCI,UDTN(; COVI.;R: RE II II Ill [] URGENT [] I"C)R RI:.Vll,;W [] PI.I:.ASI:. COMMENT EIPI.EASE RF. PI,Y N O'I'I~S / C¢.) M M I.'.NTS: Agenda Item No. 9D April 27th, 2004 Page 21 of 23 Q2/23/2OQ& Ol:2S PM Ru~ & Christopher. P.A. 2~g 26l 2207 2/2 Board ot' County Commissioners 3301 £a.%! 'i'amlami Trail N~tplcs. I*'l. 34112 (239) i"ax: (239} 774-3602 Application for Advisory Committees/Boards Board or Commi~ee Applied for: Category (if applicable):__ E~nmpie:. C'ommi~on Oi~rlct. D~vdnper, ei~mn~a~ii~, I~ ~ ~. Are y~u a r~istered voMr in Collier Co~: Y~ ~ N~ Do you cur~ntly hold pub~c o~cc? ~ff ~o ~ ~ you now ~% or have you ~er u~ oqa C~J~r C~j~ ~ or mpm~? ~9 ~ No __ Please list your .community. actJ.vifies (civic clubs, neishboFhgqd associations, etc. and positions held: Educttion; ' ~ * - ' /' Experience:__ Page 22 of 23 Q2/23/2OQ4 01:27 PM . .~ Rus~ & Chris,ophir, P.A. 25g 251 2207 2/2 Board or' County Commissioners 3301 Eas! 'l'nmiami Trail Naples. I-'l. 34112 (239) 774-8007 Fax: (239) 774-3h02 AppLication for Advisory (:ommittees/Boards Bo-rd or Commhl~ ~plalied for:~ Catc~.}ry {ir applicable):. E~mple: Commi~on Di~r~ I)~vdnper, .avlronm~mali*~. lay ~'rt~a, Arc yau a registered vo~r ~ Collier Coan~: Y~ ~ No Do you cur~ntly hold pubfle o~? Y~ No if ~ w~t ia that o~ ~ ] ~ ~ you .ow M~'~ or h.ve you ~er ~ on I Collier C~D~' ~ard or ~mm~? Y~ ~ No Plea~ list your community activities (civic clubs, neic~hborhood associations, etc. and pmitions Education; Experience;__ Page 23 of 23 Executive Summary Approve Tourist Development Category "A" 10-Year Expense and Revenue Projections OBJECTIVE: To obtain approval of the Tourist Development Category "A" 10-year Expense and Revenue Projections. CONSIDERATIONS: Tourist Development Category "A" 10-year projections were developed by the Coastal Advisory Committee (CAC) on March 11, 2004, and the Tourist Development Council (TDC) recommended approval on March 29, 2004. CAC/TDC recommends approval to 1) use external debt to finance the Vanderbilt Beach Parking Garage and 2) include the financed Vanderbilt Beach Parking Garage expenses within the required $2M per year beach park facilities set-aside. On March 18, 2004 Parks and Recreation Advisory Board (PARAB) made a recommendation that the 10-year Expense and Revenue Projections include the full amount of the parking garage project in the current year budget because the project and its funding were approved by the Board on October 24, 2000 and have been budgeted within the TDC category A budget each subsequent year. PARAB recommends approval to 1) fund $3.8M for Vanderbilt Beach Parking Garage in the FY2004 budget and 2) set aside an average of $2M per year for beach park facilities as is consistent with the Board-adopted TDC Category "A" Funding Policy. On April 13, 2004, the Board of County Commissioners directed st'iff to revise the projections and bring them back on April 27, 2004.. The attached ten year plan applies the project savings from cost-sharing the Hideaway Beach Renourishment toward the Vanderbilt Beach Parking Garage with the remainder of the funds available from the $2,000,000 allocation for park projects. FISCAL IMPACT: Specific TDC Category "A" grant applications have been addressed separately. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approves staff's recommendation of the 10-Year Expense and Revenue Projections (Exhibit A). Agenda Item No. 10A April 27th, 2004 Page I of 3 Item Number Item Summary Meeting Date Approved By Jack Weft County Manager's Office COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10A Approve Tourist Development Category "A" 10-Year Expense and Revenue Projections 4/27/2004 9:00:00 AM Tourism Director Toursim Development Council Date 411512004 4:11 PM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 4/16/2004 1:28 PM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 4/16/2004 3:55 PM Approved By John Dunnuck Public Services Public Services Administrator Public Services Admin. Date 4/1912004 9:09 AM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 411912004 10:10 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4119/2004 2:41 PM Approved By Michael Smykowski County Manager's Office Management 8, Budget Director Office of Management & Budget Date 4/19/2004 4:00 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4119/2004 4:27 PM Agenda Item No. 10A April 27th, 2004 Page 2 of 3 EXPENSES A. 1oI.u 1. W.gltII Pull 2.CIam'" J. Dodon PuI 4. Gordoa PaM S. Coprilll~ Mono ..... 6.C.-..... B.StI"ØCt1lrel L Sqmmtal B__ 2. Wood,Groinl J. K"ldca'lBJ' T..croibs (TDC funds) 4. Gordon Pus jdty C. IkadHS 1. Trod: Haul (au1 beadt.) L Sand Seordo· Coon", / NopI<s J. Barefoot 4. V.-.- 5. Pelican Ba, Pork S~ 7. NopI<s .. Bidaw.,. (HOAÆA) 9.1\c<rtUI 10.. Marce ùIand. D. Ikacb Mainen..ce 1. Sea Tonie Mouitorino: L_ a..n.. J. DuncsI StracturesfM"--. Eo AdmIaiItradon Fees L Proj... !IIoIuc<m<Dt 2. Tax CoIled..- I MiK.. F.SpociaI Proeds l. Lake Tratr0r4 RdtoraÖoII L V"""""_"'rldncGanoo 3._......._ SUBTOTAL PROJECT EXPENSES EXPENSE RESERVES 1. Cat-.pb<__ LMYw____ 3.___ SUBTOI'AL EXPENSE IlI'SERVES TOTAL EXPENSES REVENUE Tourist Tues -- lA_(.") SUBTOTAL REVENUE C...,.,......... TOTAL REVENUE per 4113104 BCC discussions TOC CATEGORY "A" PROJECTIONS FY 2004 FY 200S Py 2806 FY 2007 Py 200II IT 1009 FY 2018 FY 2011 FY 20U IT 20U FY 2014 TOTALS Agenda Item No. 10A April 27th, 2004 Page 3 of 3 Executive Summary To receive Board approval of an Interlocal Agreement between Collier County and the City of Naples regarding construction of the Golden Gate Parkway at Airport Road Overpass. OBJECTIVE: To receive Board approval of an Interlocal Agreement between Collier County and the City of Naples regarding construction of the Golden Gate Parkway at Airport Road Overpass. - CONSIDERATION: The County has undertaken and exhaustive evaluation of an overpass at Airport-Pulling Road and Golden Gate Parkway. To date. the County has completed a $1.8 million design effort for an overpass that will not only address exiting transportations deficiencies at the intersection of Airport-Pulling Road and Golden Gate Parkway, but more importantly. accommodate transportation needs well into the future. The design cost does not include an additional $475,000 the County has spent on supplemental studies, analysis and reports to consider alternative improvements and impacts along the corridor. The design effort to date is in accordance with a decade of extensive planning and preparation by City and County officials. The project. a grade separated overpass, is one critical step in a series of improvements to occur along the Golden Gate Parkway corridor. Such improvements include the 6-lane expansion currently under construction. the 1-75 interchange to be completed in 2007, and the Goodlette-Frank Road improvements to begin early in 2005. Recently the city of Naples adopted a comprehensive plan amendment (policy 1-10) regarding overpasses in the city limits. The amendment is scheduled to be adopted by the Department of Community Mfairs (DCA) this spring. The County filed an appeal to the DCA. The city plans to submit an Interlocal Agreement to the Board of County Commissioners prior to the April 27, 2003 meeting to resolve this dispute. FISCAL IMPACT: There is no fiscal impact associated with approval of this ~terlocal Agreement. If this agreement is not approved. the County is ready to proceed and legally challenge the City's Comprehensive Plan Amendment resulting in substantial litigation costs. GROWTH MANAGEMENT: This item re-establishes consistency between the City and County Comprehensive Plans. RECOMMENDATION: That the County Board of Commissioners review and, if acceptable, approve the Interlocal Agreement between the City of Naples and Collier County and authorize the chairperson to sign. .-. Agenda Item No. 10B April 27th, 2004 Page 1 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 10B Item Summary Approve an Interlocal Agreement between Collier County and the City of Naples indicating that Collier County will withdraw its appeal to object to the City's proposed Comprehensive Plan Amendment regarding overpasses and that the City shall not object to its construction; Project No. 60027-C; No Fiscal Impact Meeting Date 4/27/20049:00:00 AM Prepared By Transportion Services Transportation Engineeringl Construction Mgmt Director Transportation Engineering and Construction Gregg R. Strakaluse Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 4/20120043:51 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4120/20044:15 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 412012004 4:31 PM Agenda Item No. 10B April 27th, 2004 Page 2 of 2 EXECUTIVE SUMMARY Approve a Tourist Development Category uA" Grant Application submitted by Parks and Recreation for Beach Cleaning and Maintenance for Fiscal Year 2005 in the Amount of $338,200 OBJECTIVE: To obtain approval of a Tourist Development Category "A" grant application as recommended for approval by the Coastal Advisory Committee and the Tourist Development Council. CONSIDERATIONS: The following Tourist Development Category "A" grant application was reviewed by the Coastal Advisory Committee (CAC) on March 11, 2004, and the Tourist Development Council (TDC) on March 29, 2004. Their recommendations are as follows: .- Beach Cleaning and Maintenance--$488,200 The CAC recommended an application submitted by the City of Naples in the amount of $150,000 that will allow them to take over cleaning their beaches. The CAC therefore recommended funding this request minus the City's allocation, for a total of $338,200. A condition of the approval by the CAC was that the City would rake the beach up to Clam Pass. A second condition is that when the City's rake and tractor is not in use the County will be able to utilize the equipment if necessary. The TDC recommended approval of this grant in the amount of $333,400, which removed the line item for cell phones in the amount of $4,200 and the line item for clothing in the amount of $600. Staff recommends funding these beach cleaning and maintenance related expenditures. The proposed project areas have public street access, and are more than 80% within one-half mile of a beach park facility, public access point. hotel, or motel. RSCAL IMPACT: Funds in the amount of $338,200 are available for appropriation from Category "A" Tourist Taxes. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approves the attached grant application for Tourist Development Category "A" projects in the amount of $338.200 for appropriation in the FY 05 budget of Fund 195. ,,-... Agenda Item No. 10C April 27th, 2004 Page 1 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 10C Item Summary Approve a Tourist Development Category "A" Grant Application submitted by Parks and Recreation for Beach Cleaning and Maintenance for Fiscal Year 2005 in the Amount of $338,200. Meeting Date 4/27/20049:00:00 AM Prepared By Maria E. Bernal Grants Coordinator County Manager's Office Toursim Development Council Approved By Jack Wert Tourism Director Date County Manager's Office Toursim Development Council 4/16/20049:17 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 4/16/200410:17 AM Approved By John Dunnuck Public Services Administrator Date Public Services Public Services Admin. 4/20/2004 10: 11 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 4/20/2004 11 :29 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4/20/200412:48 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 4/20/20044:13 PM Agenda Item No. 10C April 27th, 2004 Page 2 of 7 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance BEACH CLEANING OPERATION (project Title) 1. Name and Address of Project Sponsor Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 2. Contact Person, Title and Phone Number: Name: Murdo Smith, Beach and Water Superintendent Address: 3300 Santa Barbara Boulevard City Naples ST FL ZIP 34116 Phone: 353-0404 FAX: 353-1002 Other: 3. Organization's Chief Official and Title: Donna Fiala, Chairman Board of Collier County Commissioners 4. Details of Project- Description and Location: This project consists of the activities associated with beach cleaning o{>erations in Collier County. This Grant application excludes the City of Naples as they have submitted an application for the cleaning of City owned beaches. 5. Estimated project start date: October 04 6. Estimated project duration: One (1) year 7. TotalIDC Tax Funds Requested: $ 338,200 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No ( x) Agenda Item No. 10C ApriI2?th,2004 Page 3 of? Collier County Tourist Development Council Category "A" Grant Application Page 2 BEACH CLEANING (project Title) PROJECT BUDGET PROGRAM ELEMENT TDC Funds Requested Cityffaxing District Share State of Florida Share Federal Share TOTAL AMOUNT $ 338,200 $ $ $ $ 338,200 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Salaries Interdepartment Payment Tipping fees 83 per yr +40 additional @600 = 73.800 + 5000 cartage Other contractual (dumpsters) Loaner vehicle Rental of Equipment Fleet Maintenance Fleet Maintenance Parts Fuel and Lub Cell phones Clothing and uniforms Board walks Minor Operating equip Other operating supplies Sub Total Operating Capital Requests Replacement Tractor Sub Total Capital TOTAL $132,000 $78,800 $24,000 $400 $2,300 $15,300 $15,000 $7,600 $4,200 $600 $12,000 $2,000 $4,000 $166,200 $40,000 $40,000 $338,200 Agenda Item No. 10C April 27th, 2004 Page 4 of 7 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date EXHffiIT A Agenda Item No. 10C April 27th, 2004 Page 5 of 7 TOURIST DEVELOPMENT CATEGORY "A" FUNDING POLICY 1. Use of TDC Cateeory "A" funds. Category "A" Tourist Development Tax Funds shall be used for beach renourislunent, beach maintenance, and beach park facilities including beach access acquisition. 2. Source of other funds. Federal or State funds are desirable and should be diligently pursued. 3. Mandatory annual budeet allocation of funds and maintenance of reserves. a. Catastrophe reserves shall be accumulated in the budget with $lM in 2004 plus $O.5M per year thereafter up to a maximum of $lOM. In the event of a catastrophe requiring the expenditure of all or part of these reserves, $O.5M will continue to be set aside. b. Annual monitoring and other pennit compliance requirements. Beginning with FY 2005, these costs shall be cost-shared (if applicable) with TDC Category "A" funds at the same percentage as the project c. Major renourislunent reserves shall be accumulated in the budget with $2M per year after the completion of the major renourishment project currently in planning and permitting (as of November 2003; projected to start setting aside funds in FY 2006). d Beach park facilities (including beach access property acquisition) shall be funded at an average of $2M per year. This funding allocation shall be adjusted annually in an amount equal to the percentage change in IDC Category "A" revenues. e. Remaining funds may be used for eligible grant applications as outlined in the policy below. 4. Elieibilitv. Eligible beach areas qualify for Category "A" funding. An "eligible beach area" has: a. At least one public access point from a public street; and b. Is no more than one-half mile from a beach park facility, public access point, hotel, motel or is a vital tourism area subject to abnormal erosion, provided that if at least 80% of a beach area is classified as eligible, otherwise ineligible gaps will be deemed eligible. 5. Ú!velofuse. Eligible beach areas are classified according to use. a. "High use" is an eligible. beach area within one-half mile of a hotel, motel, designated public parking or public shuttle drop-off point. b. "Low use" is an eligible beach area outside the limits for high use, provided that if at least 80% of a beach area is classified as high use, low use gaps will be deemed high use. 6. Level of service. Eligible beach areas qualify for Category "A" funding based on use. a. An eligible low use beach area qualifies for "minimum maintenance," meaning renourishment sufficient to provide minimum shoreline protection for a projected period of five years. including maintenance, monitoring and testing on a periodic basis as needed. b. An eligible high use beach area qualifies for full renourishment, meaning additional renourishment intended to enhance beach width for recreational or other public purpose. Agenda Item No. 10C April 27th, 2004 Page 6 of 7 c. Additional Category "A" funding may be provided for eligible low use beach areas for renouTishment in addition to minimum maintenance, provided that at least 60% of the incremental cost is funded by private or other non-County sources. 7./nlet Sand Bvoassinf!. The bypassing of sand across inlets may be funded by Tourist Development Tax Category "A" funding provided the Inlet Management Plan recommends the bypassing and the sand will be placed on an eligible beach. No mc Category "A" funding wiU be àpproved for dredging non-beach compatible material. Permit reqrnrements, such as profùe monitoring and beach tilling, wiU be funded the same way as the bypassing. 8. Shore orotection structures ami OTo;ect soonsorshio. Projects, including construction and maintenance of shore protection structures (groins, jetties, breakwaters, etc.), may be funded by Category "A" funding for elIgible beaches. However, 'ownership' responsibilities must rest with an entity other than "Tourist Development Taxes" - i.e. there must be a project sponsor (private interests, taxing districts, municipalities or County Departments other than those funded with Tourist Development Taxes). 9. Grant Application Review. The Coastal Advisory Committee and the Parks and Recreation Advisory Board will prepare and maintain a proposed prioritized annual spending plan for the use of Tourist Development Tax Category" A" funds, with a ten year projection. The proposed plans will be submitted to the Board of County Cornmissioners (BCC) for their consideration and approval, via the TDC. These submissions will coincide with the annual Collier County budget cycle. The Coastal Advisory Committee will review all requests for Tourist Development Tax Category "A" funds, with the exception of County maintained beach park facilities that will be handled by the Parks and Recreation Advisory Board. Both advisory boards will make recommendations for approval, denial or modification to the BCC, via the TDC. consistent with the BCC established policy for use of these funds. Agenda Item No. 10C April 27th, 2004 Page 7 of 7 EXECUTIVE SUMMARY Request to grant final approval of the roadway (public), drainage, water and sewer improvements for the final plat of "Timber Ridge, Unit Two" the drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Immokalee Water and Sewer District, the roadway improvements will be maintained by Collier County OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Timber Ridge, Unit Two" CONSIDERATIONS: 1 . On March 10, 1997 the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "limber Ridge, U nit Two". 2. The drainage improvements will be maintained by the project's homeowners association. The water and sewer improvements will be maintained by the Immokalee Water and Sewer District. Collier County will maintain the roadway improvements according to the plat recorded at Plat Book 25, Page 40. .-' 3. The required improvements have been constructed in accordance with the Land Development Code. The County Engineering Review Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The drainage improvements will be maintained by the project's homeowners association. Roadway improvements will be maintained by the County's Transportation Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact. - Agenda Item No. 16A 1 April 27th, 2004 Page 1 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Timber Ridge, Unit Two" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. Agenda Item No. 16A1 April 27th, 2004 Page 2 of 5 Item Number Item Summary Meeting Date Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1 Request to grant final approval of the roadway (public), drainage, water and sewer improvements for the final plat of "'{qmber Ridge, Unit Two" the drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Immokalee Water and Sewer District, the roadway improvements will be maintained by Collier County 4/27/2004 9:00:00 AM CDES Engineering Services Director CDES Engineering Services Date 411512004 8:51 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/15/2004 11:43 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/1512004 8:08 PM Approved By Mark Isackson County Manager's Office Approved By Michael Smykowski County Manager's Office Budget Analyst Office of Management & Budget Management & Budget Director Office of Management & Budget Date 4/17/2004 12:29 PM Date 411912004 11:07 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/19/2004 1:47 PM Agenda Item No. 16A1 April 27th, 2004 Page 3 of 5 RESOLUTION NO. 04- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FLNAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER hMPROVEMENTS IN TIMBER RIDGE UNIT TWO, RELEASE OF THE MALNTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY IMPROVEMENTS. THE WATER AND SEWER [NfPROVEM]ENTS WILL BE NLadNTAINED BY THE IMMOKALEE WATER ANTI SEWER DISTRICT, AND THE DRAINAGE LMPROVEMENTS WILL BE MA[NTAD4ED BY THE T~IBER RIDGE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier Cmmty, Florida, on April 16, t994, approved the plat of Timber Ridge Unit Txvo for recording; and WttEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specific,i,%::s and as required by the Land Development Code (Collier County Ordinance No. 91-I~.:2, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01-57); and WHEREAS, the Developer is requesting Final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CON,MISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby ~anted for those roadway, drainage, and water and sewer improvements in Timber Ridge Unit Two, and authorize the Clerk to release the maintenance security. BE iT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway improvements. This Resolution adopted after motion, second and majority vote favoring same, this __ day of ,2004. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: Jennifer A Belp~d~'N~ Assistant Collier'Cxftmty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. DONNA FIALA, CHAIRMAN Agenda Item No. 16A1 April 27th, 2004 Page 4 of 5 II I Ill LOCATION MAP ~,Z~e~da Item No. 16A1 S IT E m April 27th, 2004 Page 5 of 5 EXECUTIVE SUMMARY Request to approve for recording the final plat of "Fiddler's Creek Parkway Extension, Phase 3", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Fiddler's Creek Parkway Extension, Phase 3", a subdivision of lands located in Section 11 Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Fiddler's Creek Parkway Extension, Phase 3". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Review Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Fiddler's Creek Parkway Extension, Phase 3" be approved for recording. FISCAL IMPACT: The project cost is $704,470.66 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 274,001.33 b) Drainage, Paving, Grading - $ 430,469.33 The Security amount, equal to 110% of the project cost, is $ 774,917.73 Agenda Item No. 16A2 April 27th, 2004 Page 1 of 5 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $22,249.13 Fees are based on a construction estimate of $704,470.66 and were paid in April, 2003. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac)-$1,115.00 b) c) d) Construction Drawing Review Fee Water & Sewer (.75% const, est.) Drainage, Paving, Grading (.75% const, est.) Construction Inspection Fee Water & Sewer (2.25% const, est.) Drainage, Paving, G radi n g (2.25%co n st. est. ) - $2,055.01 -$3,228.52 - $6,165.02 - $9,685.58 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Fiddler's Creek Parkway Extension, Phase 3" for recording with the following stipulations Agenda Item No. 16A2 April 27th, 2004 Page 2 of 5 Approve the amount of $774,917.73 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. 2. Approve the stan.d, ard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Review Services Director and the County Attorney's office. Agenda Item No. 16A2 April 27th, 2004 Page 3 of 5 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A2 Request to approve for recording the final plat of "Fiddler's Creek Parkway Extension, Phase 3", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security 4/27/2004 9:00:00 AM Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Engineering Services Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4~14/2004 4:58 PM Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services Director CDES Engineering Services Date 4~15/2004 8:52 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/15/2004 8:18 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/17/2004 12:36 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/19/2004 11:11 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/19/2004 1:49 PM Agenda Item No. 16A2 April 27th, 2004 Page 4 of 5 · ...April 27th, 2004 SITE HAt' Page 5 of 5 LOCATION MAP FI:)OLER'S C~ PARKWAY F. XTEN,,,~q~, PflASI~ ~ EXECUTIVE SUMMARY ApprovaloftheSatisfactionofLiens~rResolutionNo. 2~2-395,2003_435,2003_~2and 2~3-4~. .OBJECTIVE: To approve and authorize the Satisfaction of Lien in Resolution No.: Resolution No.: 2002-395 Resolution No.: 2003-435 Resolution No.: 2003-442 Resolution No.: 2003-440 BCC vs. Alida Victor Hall BCC vs. Cletus Milbert BCC vs. CNC Investments LLC BCC vs. Lora Bulfrano CONSIDERATION: 1. Resolution No.: 2002-395: The Affidavit/Claim of Lien for Unpaid Nuisance Abatement Service in the amount of Two Thousand One Hundred and Fifty Dollars ($2,150.00) was recorded in the Official Records Book 3131, Pages 2320, et. seq. Ms. Hall continued to make go~,~l faith payments until the discrepanies with GIS and addressing could be addressed. The propc, rty was misidentified and Ms. Hall has overpaid by $358.00 which funds need to be refunded back to her by the Clerk of the Court. The lien amount has been paid in full and accordingly a Satisfaction of Lien is in order as all requirements have been met in this case. 2. Resolution No.: 2003-435: The Affidavit/Claim of Lien for Unpaid Nuisance Abatement Service in the amount of Two Hundred and Fifty Five Dollars ($255.00) was recorded in the Official Records Book 3480, Pages 1617, et. seq. The lien amount has been paid in full and accordingly a Satisfaction of Lien is in order as all requirements have been met in this case. 3. Resolution No.: 2003-442: The Affidavit/Claim of Lien for Unpaid Nuisance Abatement Service in the amount of Two Hundred and Fifty Five Dollars ($255.00) was recorded in the Official Records Book 3480, Pages 1631, et. seq. The lien amount has been paid in full and accordingly a Satisfaction of Lien is in order as all requirements have been met in this case. 4. Resolution No.: 2003-440: The Affidavit/Claim of Lien for Unpaid Nuisance Abatement Service in the amount of Two Hundred and Fifty'Five Dollars ($255.00) was recorded in the Official Records Book 3480, Pages 1627, et. seq. The lien was for three invoices at Two Hundred and Fifty Five Dollars ($255.00) each lot. The lien amounts have been paid in full and accordingly a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the mnount of Twenty-Four Dollars ($24.00) (4 satisfactions @$6.00). This cost will be paid by Code Enforcement 111- 138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Liens in the above referenced causes and authorize their execution and recordation in the Public Records of Collier County, Florida. Agenda Item No. 16A3 April 27th, 2004 Page 1 of 6 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A3 Approval of the Satisfaction of Liens for Resolution No. 2002-395, 2003-435, 2003-442 and 2003-440. 4/27/2004 9:00:00 AM Prepared By Shanelle Hilton Community Development & Environmental Services Administrative Secretary Code Enforcement Approved By Janet Powers Community Development & Environmental Services Operations Manager Code Enforcement Date 4/1412004 1:31 PM Approved By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement Director Code Enforcement Date 4/15/2004 9:22 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development Environmental Services Admin. Date 4/15/2004 2:11 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/1512004 8:22 PM Approved By Shanelle Hilton Community Development & Environmental Services Administrative Secretary Code Enforcement Date 4/16/2004 10:38 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/1912004 10:20 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/1912004 11:36 AM Approved By James ¥. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/1912004 1:53 PM Agenda Item No. 16A3 April 27th, 2004 Page 2 of 6 This inshaxment prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Property FolioNo. 36126560003 SATISFACTION OF LIEN. KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY cOMMISSIONERS OF COLLIER COL'NTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 2003-442 against: CNC Investments LLC 1650 Silver Sands Ave Naples, FL 34119 The lien was recorded on January g, 2004 Official Record Book 3480 Page 163 land 1632, in the Official Records Office of the Clerk of the Circuit Court of ColI. ier County, State of Florida. The lien secures the pri~:cipai sum of Two Hundred and Fifty Five Dollaxs ($255.00), plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follow~: Lot 16, Block 140 of Gol den Gate Unit 4., according 1o the plat or map thereof as recorded in Plat Book 5 at Page 107-116 inclusive, of the Public Records of Collier County, Florida Cost $255.00 Reference #2404 Folio: 36126560003 Collier County, a polifizal subdivision of the State of Florichx, by execution of this Satisfaction of Lien, acknowledges pa.~nent as full ~atisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien, in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners o£ Collier County, Florida, acting though its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board ti'ds day of 2004. ATTEST: BOARD OF COU.~TY CObIM]SSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Deputy Clerk By: DONNA FLALA, Chairman Approved as 1o form and Legal sufficiency: Assistant County Attorney Agenda Item No. 16A3 April 27th, 2004 Page 3 of 6 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-24A0 Property Folic No. 36239720002 SATISFACFION OF I.IEN KNOW ALL MEN BY TIlE.SE PRESENTS: Ilmt the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 2003-435 against: Cletus and Anita Milbert 790 Bennett Road South Da3nona FL 3201%0000 The lien was recorded on January g, 2004 Official Record Book 3480 Page 1617 and 1618, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State o£Florida. TEe lien secures the principal sum of Two Hundred and Fifty Fi*~ Dollars ($255.00), plus accrued interest and penalties, if any, and imposes certain obligation against real ~operty situated in Collier County, Florida, which property is described as follows: Lot 22, Block 165, Unit 5, Golden Gate, according to ~he Plat thereof recorded in Plat Book 5, Page 118, of~e Public Records of Collier County, Florida Cost $255.00 Reference #2345 Folio: 36239720002 Collier CoLmty, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the CLrcuit Court is hereby directed to record this Satisfaction of Lien, in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. LN' WITNESS WHEREOF, ~ Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board this day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: DONNA FIALA, Chairman Approved as to form and Legal sufficiency:. Tho~'C. ~Palmer, Assistant County Attorney Agenda Item No. 16A3 April 27th, 2004 Page 4 of 6 This instrument prepared by: Saner Powers, Opexations Manager C. xxle Enforcement 2g00 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Property FoI[o No. 00127562201 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY CONLMISSIONERS OF COLLIER COUNTY, FLORIDA is thc ortner and holder of a certain Lien by Resolmion No. 2002-395 against: Alida Victor Hall 2201 SW 43~ Ln Naples FL 34112 The lien was recorded on October 10, 2002 Official Record Book 3131 Page 2320 and 2321, in the Official Records Office of the Clerk of the c~rcuit Court of Collier County, State of Florida. The lie~ secures the principal sum of Two Thousand One Hundred and Fifty Dollars ($2,150.00), plus accrued interest and penalties, if a~y, and h-nposes certain obligation against real property situated in Collier County, Florida, wig. ch property is described as follows: The East 60.00 feet of the South 102.53 feet of the Nortla 632.53 feet of the West 130.00 feet of the East 1070.00 feet of the North % of the Southeast ¼ of the Southeast ¼ of Section 4, Township 47 South, Range 29 East, Collier County, Florida Cost $2,150.00 Reference #2157 Folio: 00127562201 Collier County, a political subdivision of the Slate of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of II~e Cixcuit Court is hereby dixected to record this Satisfaction of Lien, ia the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. 1N WITNESS WHEREOF, the Bored of County Commissioners of Collier County, Florida, acting through its Chaimmn, directs execution and recording of the Satisfaction of Lien, by action of the Board this day of 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COM_MISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: DONNA FIALA, Chairman Approved as to form and Legal sufficiency: Thomas 12. Palmer, ^~istant County ^ttomey Agenda Item No. 16A3 April 27th, 2004 Page 5 of 6 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34 ] 04 (239) 403-2440 Prope~, Folio No. 62207360002 RELEASE OF LIEN K.NOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIEK COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 2002-440 against: Lorn Bulfruno 5213 Caxlton St Naples, FL 34113 The lien was recorded on January 8, 2004 Official Record Book 3480 Page 1627 and 1628, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. Thc lien secures the principal sura of Two Hundred and FiRy Five Dollars ($255.00), plus accrued interest and penalties, ifa. ny, and imposes certain obligation against real property situated in Collier County, Florida, which property is descriEed as follows: Lots 1, 2 and 3, Block 12, NAPLES M.taNOR EXTENSION, according to the Plat thereof as recorded in Plat Book 3, Page(s) 102, of the Public Records of Collier County, Florida Cost $255.00 Reference #2407 Folio: 62207360002 Cost $255.00 Reference #2410 Folio: 62207360002 Cost $255.00 Reference #2411 Folio: 62207360002 Collier County, a political subdivision of the State of Florida, by execution of this Release of Purported Lien, acknowledges payment as full release of the Lien and hereby cancels said Lien as this was paid prior to the recording of the aforementioned lien. The Clerk of the Circuit Court is hereby dixccted to record this Release of Lien, in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS ~,q:IEREOF, the Boaxd of County Commissioners of Collier County, Florida, acting tb_mugh its Cha/maan, directs execution and recording of this Release of Lien, by action of thc Board this __ day of 2004. ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMM]SSION~ERS COLLIER COUNTY, FLORIDA Deputy Clerk By: DONNA FIALA, Chaixman Approved as to form and Legal sufficiency:. Thomas C. Palmer, Assistant County Attorney Agenda Item No. 16A3 April 27th, 2004 Page 6 of 6 EXECUTIVE SUMMARY Lien Resolution-Code Enforcement Case Numbers: 2003051145/ H S Partnership, 2003110551/Stonestreet, William M., 2003091073/Wilkinson-Meffert Const. Co. Inc., 2003090701/Wilkinson-Meffert Const. Co. Inc., 2003091072/Wilkinson-Meffert Const. Co. Inc., 2003091071/Wilkinson-Meffert Const. Co. Inc., 2003101140/Wilkinson- Meffert Const. Co. Inc. OBJECTIVE: For thc Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation detemfined 05/27/03 b. Notice of Violation served 06/05/03 2003051145 H S Partnership c. Notice of Violation Posted 06/19/03 $255.00 d. Unabated nuisance verified 06/19/03 e. Nuisance abated with public funds 07/08/03 f. Owner invoiced for costs 07/15/03 a. Violation determined . 11/14/03 b. Notice of Violation served n/a 2003110551 Stonestreet, William M. c. Notice of Violation Posted 12/01/03 $255.00 d. Unabated nuisance verified 12/12/03 e. Nuisance abated with public funds 12/19/03 f. Owner invoiced for costs 12/24/03 a. Violation determined 09/26/03 b. Notice of Violation served n/a 2003091073 Wilkinson-Meffert c. Notice of Violation Posted 09/30/03 $255.00 Const. Co. Inc. d. Unabated nuisance verified 10/13/03 e. Nuisance abated with public funds 10/23/03 f. Owner invoiced for costs 11/05/03 Agenda Item No. 16A4 April 27th, 2004 Page 1 of 17 a. Violation detcmfined 09/17/03 b. Notice of Violation served 09/23/03 2003090701 Wilkinson-Meffcrt c. Notice of Violation Posted 10/08/03 $255.00 Const. Co. Inc. d. Unabated nuisance verified 10/20/03 e. Nuisance abated with public funds 10/23/03 f. Owner invoiced for costs 11/05/03 a. Violation detemfined 09/26/03 b. Notice of Violation served n/a 2003091t~)72 Wilkinson-Meffert c. Notice of Violation Posted 09/30/03 $255.00 Const. Co. Inc. ct. Unabated nuisance verified 10/13/03 e. Nuisance abated with public funds 10/23/03 f. Owner invoiced for costs 11/05/03 a. Violation determined 09/26/03 b. Notice of Violation served n/a 2003091071 Wilkinson-Meffert c. Notice of Violation Posted 09/30/03 $255.00 Const. Co. Inc. d. Unabated nuisance verified 10/13/03 e. Nuisance abated with public funds 10/23/03 f. Owner invoiced for costs 11/05/03 a. Violation determined 10/21/03 b. Notice of Violation served 10/22/03 2003101140 Wilkinson-Meffert c. Notice of Violation Posted n/a $450.00 Const. Co. Inc. d. Unabated nuisance verified 11/13/03 e. Nuisance abated with public funds 12/08/03 f. Owner invoiced for costs 12/12/03 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in thc respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $1,980.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $87.50, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. Agenda Item No. 16A4 April 27th, 2004 Page 2 of 17 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A4 LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS: 2003051145/H S Partnership, 2003110551/Stonestreet, William M., 2003091073/VVilkinson-Meffert Const. Co. Inc., 2003090701/Wilkinson-Meffert Const. Co. Inc., 2003091072/Wilkinson-Meffert Const. Co. Inc., 2003091071/ Wilkinson-Meffert Const. Co. Inc., 2003101140NVilkinson-Meffert Const. Co. Inc. 4/27/2004 9:00:00 AM Prepared By Shanelle Hilton Community Development & Environmental Services Administrative Secretary Code Enforcement Approved By Janet Powers Community Development & Environmental Services Operations Manager Code Enforcement Date 4/14/2004 1:33 PM Approved By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement Director Code Enforcement Date 4/15~2004 9:26 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/15/2004 10:31 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/15/2004 8:25 PM Approved By Shanelle Hilton Community Development & Environmental Services Administrative Secretary Code Enforcement Date 4/1612004 10:39 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/19/2004 10:23 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/19/2004 11:42 AM Approved By Jame~ V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/19/2004 1:59 PM Agenda Item No. 16A4 April 27th, 2004 Page 3 of 17 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COLrNTY COMMISSIONERS PROVIDING. FOR THE ASSESSMENT OF LIEN FOR THE COST OF 'DIE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE W1TH ORDLNANCE No. 99-51, AS SUCCESSOR TO ORD/NANCE No. 91-47, AS AMENDED ~,~,~riEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, thc direct costs of abatement of certain nmsancm, including prescribed administrative co~ recurred by the County, shall be assessed against such property;, and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and xeported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than m'enty (20) days of the date of the Legal Notice of Assessment and interest shall accrae on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE rT RESOLVED BY THE BO.M*,D OF COUNTY CONiM1SSIONERS OF COLLIER COUN'I~, FLORIDA, that the property described as follows, having been abated of a public nuisance aRer due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: H S PARTNERSHIP LEGAL I)ESCRIPT1ON: The South 50.00 feet of the North 248.5 feet of the We~t 165.00 feet of the Southwest ¼ of the Southeast ¼ of the Southwest %, Section 3, Township 47, Soath, Range 29 E asr, Collier C ounD', Florida, less the West 30.00 feet re~erved for road right of way. COST: $255.00 REFERENCE#: 2345 FOLIO #: 00117680009 The County shall Coy regular U.S. mail) mail a copy of this Resolution along vdth the Notice of Assessment of Lien to the owner(s) of the above-described property. Il'within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County,, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and to the extent allowed by law, shall also be a lien upon all other real and/or personal p~operty owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2004. ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNn~', FLORIDA BY: BY: D~pu{y Clerk Approved as to form and legal sufficienCY:r,' Thomas C. Palmer, Assistant County Attorney Donna Fiala, Chairman Agenda Item No. 16A4 April 27th, 2004 Page 4 of 17 H S PARTNERSHIP PO BOX 7174 Naples, Fl. 34101-7174 BOARD OF COUNTY COMMISSIONERS ]'tiROUGH ITS CODE ENFORCEMF_~NT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DA~'E: REF. INV. 2345 FOLIO #: 001176~0009 LIEN NUMBER: LEGAL DESCRIPTION: The South 50.00 feet of the North 248.5 feet of the West 165.00 feet of the Southwest ~A of the Southeast tA of the Southwest t/., Section 3, Township 47, South, Range 29 East, Collier County, Florida, less the West 30.00 feet reserved for road fight of way. You, as the owner(s) of the proper~ above-described, as recorded in the records maintained by the o~ce of the ProperS' Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed, and constituted a violation of counO' regulations on June 19, 2003, mad ordered the abatement of a certain nuisance existing on the above prope~y prolu'bited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUML'LATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH EN EXCESS OF EIGHTEEN (18) INCH~S. You have failed to timely abate such nuisance; whereupon, it was abated by the expeaditu~ of public funds ar a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-Huadred ($200.00) dollars for a total of TWO-fft~'DRED FIFtY- FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of Cotmty Commissioners of Colli~ County, Florida, shall become a lien on your property when recorded a~et appxova] by the Board. FAILURE TO ]~IELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY LN COLLIER COUNTY. Agenda Item No. 16A4 April 27th, 2004 Page 5 of 17 RESOLUTION NO. 2004- A RESOLUTION OF TILE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, 1N ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property;, and WHEREAS, the cost thereof to the Couaty as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and pa)able no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rale of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot 7 of the property descn'bed as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatem~t, to wit: NAME: STONESTREET, WILLIA2VI bi. LEGAL DESCRIPTION: Lot 7 Block C, Riverwood, Unit 1, in accordance with and subject to the Plat recorded in Plat Book 8, Page 53, Public Records of Collier Count)', Florida. COST: $255.00 REFERENCEg: 2484 ~ 69810840'006 The County shall (by regxflar U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owners) of the above-described property. If within twenty (20) days of the dale of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official rocords of Collier Coumy, and to the extent allowed by law, shall also be a lien upon all other real an&'or personal property owned by the noted property owner(s) ia Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2004. ATrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: D~puty Clerk Approved as to form and legal sufficiency:. Thomas C. l~'almer~ Assistant County' Attorney BY: Donna Fiala, Chairman Agenda Item No. 16A4 April 27th, 2004 Page 6 of 17 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN STONESTREET, WILLIAM M. 28 Lnkeshore Dr Hudson, Ma, 01749-3208 DATE: REF. INV.# 2484 FOLIO # 69810840006 LIEN NUMBER: LEGAL DESCRIPTION: Lot 7 Block C, Rtverwood, Unit 1, in accordance with alld subject to the Plat recorded in Plat Book 8, Page 53, PubUe Records of Collier County, Florida. YOU, as the owner(s) of the propen'y above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby ad~'iscd that the Code Enforcement Director, did determine a public nuisance existed on lot 7, and constituted a violation of county regulations on December 12, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordhaance No. 99-51, as amended and served a notice of v~olation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to thne. ly abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFtY-FIVE ($55.00) DOLLARS and an admJuistrative cost of Two-Hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY- FIVE DOLLARS ($255.00). Such cost, by R~ol~tion of the Board of County Commissione~ of Collier County, Florida, shall become a lic~ on your property whet~ pecorded after approval by the Board. FAILURE TO TIMEL~ PAY TH~ AMOUNT SPECIFIED IN THIS NOTICE MAy RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY I~ COLLIER COUNTY~ Agenda Item No. 16A4 April 27th, 2004 Page 7 of 17 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY CO1V[MISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBL1C N-GISANCE, IN ACCORDANCE WI'II-I ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the dixect cost~ of abatement of certain nuisances, including preSCribed adminislxative cost incm'red by the County, shall be assessed against such property, and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported m the Board of County Commissioners, together w/th a description of said pamel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against wahich made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance begirmiag on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot 9 of the property described as follows, having been abated of a public nuisance aRer due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: WILKINSON-M]~FFERT CONST. CO. L~C. LEGAL DESCR[FY1ON: Let 9 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of CnlHer County, Florida. COST: $'255.00 REFERENCE#: 2446 FOLIO #: 35761360009 The County shall Coy regutax U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If w/thin twenty (20) da~,~ of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) m Collier County. This Resolution passed and duly adopted by rite Board of County Commissioners of Collier County, Florida, tiffs __ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COIvL-MISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency:. Thomaa C.IPalmer, Assistant County Attorney BY: Donna Fiala, Chaimum Agenda Item No. 16A4 April 27th, 2004 Page 8 of 17 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCF_3tlENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN WILKtNSON-MEFFERT CONST. CO. INC. % Avatar 201 Alhambra Circle Coral Gables, FL 33134 DATE: REF. INV.# 2446 FOLIO # 35761360009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida You, as the owner(s) of thc property above-described, as re~orded ha the records maintained by thc office of the Property Appraiser, are hereby advised that thc Code Enforcement Dixector, did d~ermine a public nuisance existed on lot 9, and constituted a violation of county regulations on Oclober 13, 2003, and ordered the abaternen: of a cea'rain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: W'EEDS: ACCL~IL-LATION OF '~VEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROX¥*FH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direc~ cost of FIFTY-FIVE ($55.00) DOLLARS and an admirdstxative cost of Two-Hundred ($200.00) dollars for a total of TWO-~.,~DRED FIFTY° FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Comauissioners of Collier Couaty, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO ,TIMELY PAY THE AblOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGALNST ALL OF YOUR PROPERTY IN COLLIER COUNTy_. Agenda Item No. 16A4 April 27th, 2004 Page 9 of 17 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMiSSIONERS PROVIDING FOR TI-~ ASSESSMENT OF L1E. N FOR THE COST OF TltE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS A2,,IENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the Cotmty, shall be ~sessed against such property, and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together ,asth a description of said parcel; and WHEREAS, such asse~smem shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginrfing on the date this Resolution is re~orded at the rate nftwelve percent (12%) per ann'am. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that lot 2 of the property described as follows, ha~Sng been abated of a public nmsance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following cosls of such abatement, to wit: NAME: ~,VILKINSON-MEFFERT CONST. CO. 1NC. LI~GA.L DESCRIPTION: Lot 2 Block 40, Unit 2, Golden Gate ~clusive, according to the Plat in Plat Book 5, Page 65 through 77, of the Public Records of Collier Comaty, Florida COST: $255.00 REFERENCE#: 2444 FOLIO #: 35761080004 The County shall (by regulax U.S mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing tha~ copy, the owner/rails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and to the extent allowed by law', shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly ~dopted by the Board of County Commissioners of CoUier County, Florida, this __ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY CO.MNflSSIONERS COLLIER COL -~4TY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficienc~'~ Thomas C.[Palme~, A~istant County Attorney BY: Donna Fiala, Chairman F: LIEN/MSTR RESOLUTION Agenda Item No. 16A4 April 27th, 2004 Page 10 of 17 BOARD OF COUNTY COMMISSIONERS TIlROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COL'NTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN WILKINSON-MEFFIERT CONST. CO. INC. % Avatar 201 Alhambra Circle Coral Gables, FL 33134 DATE: REF. INV.# 2444 FOLIO # 35761080004 LIEN NUMBER: LEGAL DESCRIFFION: Lot 2 Block 40, Unit 2, Golden Gate inclusive, according to the Plat in Plat Book 5, Page 65 through 77, of the Public Records of Collier Count)', Florida You, as the ox~e~(s) of the property above-deSC~bed, as recorded in the records ma~tained by the office of the Property Appraiser, are hereby advised t~.t the Code Er~rceroent Dir~tor, did detenc3ne a public nuisance existed on lot 2, and constitutod a violation of county regulations on October 20, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCL'MULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH LN EXCESS OF EIGHTEEN (18) INCIIES. You have failed to timely abate such nuisance; whereupon, it was abated by the cxpenditu~'e of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an admha~strative cost of Two-Hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY- FIVE DOLLARS ($255.00}. Such cost, by Re~olufion of the Board of County Commi~ioners of Collier County, Florida, shaQ become a lien on your property when recore~ after approval by thc Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT 1N A LIEN AGAINST ALL OF YOUR PROPERTY LN COI,LIER COUNTY. Agenda Item No. 16A4 April 27th, 2004 Page 11 of 17 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR TI-[E ASSESSMEN"F OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5 I, AS SUCCESSOR TO ORDINANCE No. 91..47, AS A.M ENT)E D WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the dixect costs of abatemem of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property'; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Comrmssioners, together with a description of said parcel; and WHERE.kS, such assessment shall be a legal, valid and binding obligation upon thc property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Asseasment and interest shall accrue on the unpaid balance beginmng on the date tiffs Resolution is recorded at the rate of twelve percent (I 2%) per amvam_ NOW, THEREFORE, BE IT RESOLVED BY IHE BOARD OF COUNTY COMMISSIONERS OF COLLIER COLrNTY, FLORIDA, that lot 10 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: ~,V1LKINSON-MEFFERT CONST. CO. INC. LEGAIe DI~S(~RIPTION: Lot 10 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, of the Public Records of Collier County, Florida COST: $255.00 REFERENCE#: 2445 FOLIO #: 35761400008 The County shall Coy regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above~esc-r/bed property. If wittun twenty (20) das,~ of the date of mailing that copy, the owner fa/Is to deliver pa3ment in fall to Collier ComaE,', the Resolution and Notice of Assessment shall be recorded in the offic/al records of Collier County, and to the extent allowed by law, shall also be a lien upon all other real and/or personal protrak)' owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of. ,2004. A'I'YEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY CONLMISSIONERS COLLIER COL.'NTY, FLORIDA BY: BY: Deputy Clerk Donna Fiala, Chairman Approved as to form and legal sufficiency: Thomas C. Pal~er, Xssistant County AUomey Agenda Item No. 16A4 April 27th, 2004 Page 12 of 17 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COU~NTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN ~,qLKINSON-MEFFERT CONST. CO. INC. % Avatar 201 Alhambr~ Circle Coral Gables, FL 33134 DATE: lIEF. INV.# 2445 FOLIO # 35761400008 LIEN N~JMBER: LEGAL DESCRIPTION: Lot 10 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, of thc Public Records of Collier County, Flor/da You, as the owners) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code ~Enforcement Director, did determine a public nuisance existed on lot I0 and constituted a violation of county regulations on October 13, 2003, and ordered the abateraent of a certain nuisance existing on the above property prolu'bited by Ordinance No. 99-51, as mended and sec'ed a notice of violation upon you. The nuisance is: %~EEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH 1N EXCESS OF EIGIITEEN (18) 1NCttES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public fimds at a dkrect cost of iq'IFFY-FIVE ($55.00) DOLLARS and an adminislxative co~ of Two-Hundred (S200.00) dollars for a total of TWO-HUNDRED FIFTY- FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIbIELY PAY TIlE AMOUN'r SPECIFIED 1N THIS NOTICE MAY RESULT lin A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTy. F: L1E~S/MSTM LNAL Agenda Item No. 16A4 April 27th, 2004 Page 13 of 17 RESOLUTION NO. 2004- A RESOLUTION OF TIlE BOARD OF COLrNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC N"UISANCE, IN' ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordimmce No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, slx. all be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of Cotmty Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and bit. ding obligation upon the property against which made until paid; and x,¥3-1EREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and intcrest shall accrue on the unpaid balance beginning on the date tkis Resolution ks recorded at the rate of ~,elve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Iot 8 of the property described as follows, ha,ring been abated of a public nuisance after due and proper notice thercof to the owuer(s) of said property, is hereby assessed the following costs of such abatement, to wit: NA3~IE: WiLKINSON-MEFFERT CONST. CO. INC. LEGAL DESCRIPTION: Lot 8 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, of the Public Records of Collier Couaty, Florida COST: $255.00 REFERENCE#: 2448 FOLIO #: 35761320007 The Couaty shall Coy regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within tw'enty (20) days of the date of mailing that copy, the owner fails to deliver pa>~nent in full to Collier County, the Resolution and Notice of Assessment shall be recorded ia the official records of Collier County, and to the extent allowed by law, shall also be a lien upon all other real and/or personal propea~' owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COL.'NTY, FLORIDA BY: BY: Deputy Clerk Donna Fiala, Chairman Approved ~ to fcrma and legal suffici~"ncy: Agenda Item No. 16A4 April 27th, 2004 Page 14 of 17 BOARD OF COUNTY COI~LMISSIONERS THIIOUGH ITS CODE ENFORCEMENT DEPARTblENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN WILKINSON-MEFFERT CONST. CO. INC. % Avatar 201 Alhambra Circle Coral Gable~, FL 33134 DATE: REF. INV.# 2448 FOLIO # 35761320007 LIEN NL3IBER: LEGAI~ DESCRI]'TION: Lot 8 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book $, Page 65 flarough 77, of the PubEc Records of Collier County, Florida You. as the owner(s) of the properly above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 8 and constituted a v'~olahon of county regulations on October 13, :1003, and ordered the abatement of a certain nuisance existing on the above property proh~ited by Ordinance No. 99-51, as mended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF VfEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH LN F. XCESS OF EIGHTEEN {18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abaled by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-Hun&ed ($200.00) dollars for a total of T~VO-HUNDRED FIFTY- FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collicz County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY LN COLLIER COUNTY. I~: l. Jl~S/MS'IR LNAL Agenda Item No. 16A4 April 27th, 2004 Page 15 of 17 RESOLUTION NO. 201M- A RESOLUTION OF THE BOARD OF COUNTY COX, LMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR TI{E COST OF THE ABATEMENT OF PUBLIC I~qd-ISANCE, IN ACCORDANCE WITH ORDhNANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 9147, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the Counw, st:all be assessed against such propenT; and WIfEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessrnem shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BO,~RD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot 5 of the properly described as follows, ha'~Sng been abated of a public nuisance after due and proper notice thereof to the owner(s) of said prope~y, is hereby assessed the following costs of such abatement, to wit: NA31E: 'WILKINSON-MEFFERT CONST. CO. I.NC. LEGAL DESCRIPTION: Lot 5 Block 40, Unit 2, Golden Gate, according to the Plat ia Plat Book 5, Page 65 through 77 inclusive, of the Public Records of Collier Count),, Florida COST: $450.00 REFERENCE#: 2472 FOLIO #: 35761200004 The County shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of maildng that copy, the owner fails to dehver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded m the official records of Coll/er County, and to the extent allowed by law, shall also be a lien upon all oth~ real an&'or pea'sonal property ow-ned by the noted property' owner(s) in Collier County. This Resolution passed and duly adopted by the B~ard of County Commissioners of Collier County, Florida, this __ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal suffic/ency:~ Thomas ~. Palm'r, Assistant County Attorney Donna Fiala, Chairman Agenda Item No. 16A4 April 27th, 2004 Page 16 of 17 BOARD OF COUNTY CO~LMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN WILKINSON-MEFFERT CONST. CO. INC. % Avatar 201 Alhambra Circle Coral Gables, FL 33134 DATE: REF. INV.//2472 FOLIO # 35761200004 LIEN NUMBER: LEGAL DESCRIPTION: Lot $ Block 40, Uai~ 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77 lncl~sive~ of the Public Records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 5 aad constituted a violation of county regulations on November 13, 204)3, and ordered the abatement o£a certain nuisance existkng on thc above property prohibited by Ordinance No. 99-51, as mended and served a not/ce of violation upon you. The nuisance is: EXOTICS: ACCID,~rlLATION OF PROHIBITED SPECIES ON UNIMPROVED PROPERTY. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of TWO-HUNDRED FlFTY ($250.00) DOLLARS and an administrative cost of Two-Hundred ($200.00) dollars for a total of FOUR-HUNDRED FIFTY ($450.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your l~opcrty when recorded after approval by the Board. FAILURE TO TI~IELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. Agenda Item No. 16A4 April 27th, 2004 Page 17 of 17 EXECUTIVE SUMMARY Lien Resolutions-Code Enforcement Case Numbers: 2003100068/Avila, Filomeno & Maria J., 2003100358/Baton Rouge,LLC, 2003100882/Bray, Steven F., 2003110796/Condori, Franklin & Haydee, 2003110797/Condori, Franklin & Haydee, 2003110798/Condori, Franklin & Haydee, 2003100199fltamilton Bay Dev., LLC, 2003100811/Perseco Corp., 2003110488/Baron, Mimon OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Re~ord Case Summary Lien Amount a. Violation detennined 10/02/03 b. Notice of Violation served n/a 2003100068 Avila, Filomeno & Maria J., c. Notice of Violation Posted 10/02/03 $255.00 d. Unabated nuisance verified 10/14/03 e. Nuisance abated with public funds 10/23/03 f. Owner invoiced for costs 11/05/03 a. Violation detemfined 10/03/03 b. Notice of Violation served 10/10/03 2003100358 Baton Rouge, LLC c. Notice of Violation Posted n/a $265.00 d. Unabated nuisance verified 10/27/03 e. Nuisance abated with public funds 11/21/03 f. Owner invoiced for costs 11/26/03 a. Violation determined 10/17/03 b. Notice of Violation served unclaimed 2003100882 Bray, Steven F. c. Notice of Violation Posted 12/03/03 $255.00 d. Unabated nuisance verified 12/15/03 e. Nuisance abated with public funds 12/26/03 f. Owner invoiced for costs 01/02/04 a. Violation determined 11/20/03 b. Notice of Violation served n/a 2003110796 Condori, Franklin & c. Notice of Violation Posted 11/21/03 $255.00 Haydee d. Unabated nuisance verified 12/04/03 e. Nuisance abated with public funds 12/10/03 f. Owner invoiced for costs 12/22/03 Agenda Item No. 16A5 April 27th, 2004 Page 1 of 22 a. Violation determined 11/20/03 b. Notice of Violation served n/a 2003110797 Condori, Franklin & c. Notice of Violation Posted 11/21/03 $255.00 Haydee d. Unabated nuisance verified 12/04/03 e. Nuisance abated with public funds 12210/03 f. Owner invoiced for costs 12/22/03 a. Violation determined 11/20/03 b. Notice of Violation served n/a 2003110798 Condori, Franklin & c. Notice of Violation Posted 11/21/03 $255.00 d. Unabated nuisance verified 12/04/03 Haydee e. Nuisance abated with public funds 12/10/03 f. Owner invoiced for costs 12/22/03 a. Violation determined 10/02/03 b. Notice of Violation served n/a 2003100199 Hamilton Bay Dev., LLC c. Notice of Violation Posted 10/13/03 $255.00 d. Unabated nuisance verified 10/27/03 e. Nuisance abated with public funds 11/20/03 f. Owner invoiced for costs 12/01/03 -- a. Violation determined 10/16/03 b. Notice of Violation served n/a 2003100811 Perseco Corp. c, Notice of Violation Posted 10/16/03 $300.00 d. Unabated nuisance verified 10/28/03 e. Nuisance abated with public funds 12/08/03 f. Owner invoiced for costs 12215/03 -- a. Violation determined 11/10/03 b. Notice of Violation served n/a 2003110488 Baron, Mimon c. Notice of Violation Posted 11/10/03 $255.00 d. Unabated nuisance verified 11/21/03 e. Nuisance abated with public funds 11/26/03 f. Owner invoiced for costs 12/05/03 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $2,350.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $112.50, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. Agenda Item No. 16A5 April 27th, 2004 Page 2 of 22 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A5 LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS: 2003100068/ Avila, Filomeno & Maria J., 2003100358/Baton Rouge,LLC, 2003100882/Bray, Steven F., 2003110796/Condori, Franklin & H aydee, 2003110797/Condori, Franklin & Haydee, 2003110798/Condori, Franklin & Haydee, 2003100199/ Hamilton Bay Dev., LLC, 2003100811/Perseco Corp., 2003110488/Baron, Mimon 4/27/2004 9:00:00 AM Prepared By Shanelle Hilton Community Development & Environmental Services Administrative Secretary Code Enforcement ..~.,,,proved By J,~ net Powers Community Development & Environmental Services Operations Manager Code Enforcement Date 4/14/2004 1:36 PM Approved By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement Director Code Enforcement Date 4/15/2004 9:30 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/1512004 3:06 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/1512004 8:27 PM Approved By Shanelle Hilton Community Development & Environmental Services Administrative Secretary Code Enforcement Date 4/16/2004 10:39 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/1912004 10:25 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/1912004 11:48 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/1912004 2:03 PM Agenda Item No. 16A5 April 27th, 2004 Page 3 of 22 RESOI.UTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITIt ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS A.MENDED WHEREAS, as provided ia Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WtlEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commiss/oners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resoluhon is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY T1TE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 13 of the property described as follows, having been abated of a public nuisanc~ after due and proper notice thereof to the owner(s) of sa~d ~operty, is hereby assessed the following costs of such abatement, to wit: N,%M]~; A~.A, FILOMENO & MARL& J. LEGAL DESCRIPTION: Lot 13, Block 87, Golden Gate U~it No. 3, according to the plat thereof recorded in Plat Book S, Page 100, of the Public Records of Collier Count', Florida. COST: $255.00 REFERENCE#: 2443 FOLIO #: 35987920003 The County shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described ~operty. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collie~ County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and to the extent allowed by law, shall also be a lien upon all other veal and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, tiffs __ day of ,2004. Al'TEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Donna Fiala, Chairman Approved as to form and Thomas C. ?almer~ AsSistant County Attorney Agenda Item No. 16A5 April 27th, 2004 Page 4 of 22 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCE~,iEh'!' DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN AVILA, FILOMENO & MARIA J. 5590 16TM PL SW Naples, FL 34116 DATE: REF. INV.# 2443 FOLIO #: 35987920003 L[EaN NU3IBER: LEG.~L DESC~ION: Lot 13, Block 87, ~lden Gate U~t No. 3, accord~g to the plat ~er~f record~ ~ Plat Book 5, Page 1~, of ~e PubBc Records of Co~er Count, ~oH~ Yo~ ~ ~e o~e~s) of ~e pro~y abov~es~b~, as re~rd~ ~ the ~rds m~ntained by ~c offi~ of ~c Pro~ Apprise, ~e h~eby ~s~ ~hat ~e C~e ~orc~t DiVot, did det~e a public n~s~ce cxis~ on lot 13, md m~mt~ a violation of ~ty re~lafioas on Oeto~r 14, 2~3. md ord~ the abatem~t of a c~in n~co c~sfing on above prop~y pro.hired by ~ce No, ~-51, ~ mended ~d s~ a nodm of~olafion ~on you. ~e n~mce is: WEEDS: ACCUMULATION OF WEEDS, G~SS, OR OT~R NON-PRO~CTED OVERGROWTH IN ~CESS OF EIGH~EN (18) ~C~S. You have expmdi~e of public ~ds at a ~r~t cost of ~Y-~E ~i~s~five ~ of Tw~H~ ($200.~) doH~s for a tot~ of ~V~H~D~D ~- FWE DOLL.S (S25~.~). Such ~sg by R~ol~on of ~e ~d of ~unW Co~ion~ of Colli~ Co~, ~, s~l become a FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. Agenda Item No. 16A5 April 27th, 2004 Page 5 of 22 ILESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COL~f'Y COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as pro~sded in Ordinance No. 99-51, as ~uccessor to Ordinance No. 91-47, as mended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be a~se~sed against such property; and W]IEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together w/th a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation u~on tee property against which made until pa/d; and WHEREAS, the assessmen! shall bocome due and payable no later than twenty (20) day~ of the date of the Legal Notice of Assessment and interest shall accrue on the ~.mpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12°./o) per ann'am. NOW, THEREFORE, BE IT ILESOL'~D BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot 25 of the propetXy described as follows, having been abated of a public nuisance a. Rer due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: BATON ROUGE LLC LEGAL DESCRIPq'ION: Lot 25, Block 219, GOLDEN GATE UNIT 6, subject to the plat recorded in Plat book 5, Page 124 through 134, inclusive, Public Records of Collier County, Florida. COST: $265.00 REFERENCE#: 2465 FOLIO g: 36319840006 The County shall (by regula~ U.S. mail) mail a copy of this Resolution along with the Noi~ce of Assessment of Lien to the owner(s) of the above-described properly. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property o,,xmcr(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of__, 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Donna Fiala, Chaxrman Approved as to form and legal sufficiency:. Thomas C~, A~nty Attorney Agenda Item No. 16A5 April 27th, 2004 Page 6 of 22 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEiHENT DEPART~dENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BATON ROUGE LLC 4730 Golden Gate Pkwy., Ste. A Naples, Fl. 34116 DATE: REF. LNV.# 2465 FOLIO #: 36319840006 LIEN NUMBER: LEGAL DESCRIPTION: Lot 25, Block 219, GOLDEN GATE LLNIT 6, subject to the plat recorded in Plat book 5, Page 124 through 134, inclusive, Public Records of Collier County, Florida. You, as the oWner(s) of the property above.desCribed, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 25, and constituted a violation of county regulations on October 27, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of'violation upon you. The nuisance is: W'EEDS: ACCUlVIULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTEI IN EXCESS OF EIGHTEEN (18) INCE[ES. You have failed to timdy abate s,,ch nuisance; whereupon, it was abated by ~e expenditure of public funds a~ a d~rect cost o£ SIXTY-FIVE ($65.00) DOLLARS and an administrative cost of Two-Hundred ($200.00) dollars for a telal of TWO-HUNDRED SIXTy- FIVE DOLLARS ($265.00). Such cost, by Resolution of the Board of County ComnUasioners of Collier County, Florida, shall become a lien on yom property when recorded after approval by the Board. FAILURE TO ~ PAY THE AMOUNT SPECIFIED IN TlrIS NOTICE MAY RESULT IN A LIEN AGAENST ~ YOUR PROPERTY IN ~ Agenda Item No. 16A5 April 27th, 2004 Page 7 of 22 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY coMMISSIONERS PROYqDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, Ag SUCCESSOR TO ORDLNANCE No. 9147, AS AMENDED WHEREAS, as proxdded in Ordinance No. 99-5 I, as successor to Ordinance No. 91-47, as amended, the dixect costs of abatement of cemJn nuisances, including prescribod adrmn-isnative cost [no.u'red by the County, shall be assessed against smch property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, togethcr with a description of said parcel; and WHEREAS, ~uch assessment shall be a legal, valid and binding obligation upon gae property against which made tmlil paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the anpaid balance beg~rming on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CON~IlSSIONERS OF COLLIER cOUNTY, FLORIDA, that lot 40 of the property described as follows, having be*n abated of a public nuisance after due and. proper notice thereof to the owner(s) of said properly, is hereby assessed the following costs of such abatement, to wit: NAME: BRAY, STEVEN F. LEGAL DE$~RIFIION; Lot 40, Willow West, as f'ded in Plat Book 15, Page 79 of the Public Records of Collier Courtly, Florida. COST.; $255.00 ~ 2488 FOLIO #: 82602502005 The County shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owners) of the above-described property. If within twmty (20) days of the dine of mailing tha~ copy, the owner fails to deliver paymeat in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier Courtly, and to the extent allowed by law, shall also be a lien upon all othex re~l and/or pemonal property owned by the noted property owneffs) in Cotlier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of _, 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF cOUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Cl~rk Approved as to form and legal sufficiency: Thomas ~. palmer, Assistant County Atlomey BY: Donna Fiala, Chairman F: LIEN/MSTR R.I~OLUTION Agenda Item No. 16A5 April 27th, 2004 Page 8 of 22 BOARD OF COUNTY COI~I~IISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMF~NT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BRAY, ST~VEN F. 7465 Jacaranda Park Rd. Naples, FI. 34109 DATE: REF. ENV.# 2488 FOLIO #: 82602502005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 40, Willow West, as fi]ed in Plat Book 15, Page 79 of the Public Recordg of Comer County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby ad~,iscd that the Code Enforcement Director, did determine a public nuisance existed un lot 40, and constituted a violation of county regulations on December 15, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cosl of FIFTY-FIVE ($55.00) DOLLARS aud an administrative cost of Two-Hundred ($200.00) dollars for a total of TWO-HUNDRED FIETY- FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lico on your l:rroperty when recorded after approval by the Boaxck FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN TillS NOTICE .MAY RESULT IN A LIE. N AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. Agenda Item No. 16A5 April 27th, 2004 Page 9 of 22 RESOLIWflON NO. 2004-__ A KESOLUTION OF THE BOARD OF COUNTY COl%MISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF TH~ ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WIT}t ORDINA~NCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMEN~DED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costa of abatement of certain nuisances, including prescribed administrative cos~ incurred by the County, shidl be assessed against such property;, and WHEREAS, the cost thereof to the County. as to each parcel shall be calculated and repo~ted to the Board of County Commissione~, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which toade until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest sttall accrue on the unpaid balance beginmng on the date this Resolution is recorded al the rate of twelve percem 02%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COL,rNTY, FLORIDA, that lot 20 of the property desen3oed as follows, having been abated of a public nuisance after due and proper notice thereof to the ewner(s) of said property, is hereby assessed the following costs of such abatemmt, to wit: NAME: CONDORI, FRANKLIN & tlAY'DEE LEGAL DESCRIPTION: Lots 20, 21, and 22 Block 188, GOLDEN GATE, Unit No. 6, according to the plat thereof, as reenrdtnl in plat book 5, at pages 124 through 134 inclusive, of the public recordl of Collier County, Florida. COST: $255.00 ~ 2480 FOLIO #: 36304240006 The County shall (by regular U.S. mall) mail a copy oft}ds Resolution along with the Notice of Assessment of Lien to Se owner(s) of ~e above-described properly. If within twenty (20) days of the date of toailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and to the extent allowed by law, shall also be a 1/eh upon all otEet re~l and/or p~sonal property owned by the noted property owner(s) in Collier County. This Resolution passe~t, and duly adopted by the Board of County Commissioners of Collier County, Florida, this _-- day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIO.WERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency:. Thoma~ C. palmer, Assistant County Attorney BY: Donna Fiala, Chain~an Agenda Item No. 16A5 April 27th, 2004 Page 10 of 22 BOARD OF COUNTY COM3tlISSIONERS THROUGH ITS CODE EI~FORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF AssESSMENT OF LIEN CONDORI, FRANKLIN & HAYDEE 4560 15m Ave. Naples, Fl. 34116 DATE: FOLIO #: 36304240006 LIEN NUMBER: Lots 20, 21, and 22 Block 188, GOLDEN GATE, Unit No. 6, REF. IkNV.g 2480 LEGAL DESCRIPTION; according to the plat thereof, as recorded in plat book 5, at pages 124 through 134 inclusive, of the public records of Collier County, Florida. You, as the owner(s) of the properly above-desca%ed, as recorded in the records maintained by the office of the Property Appraiser, a~ hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 20, and constituted a violation of county regulations on December 4, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51. as mended and served a notice of violation Upon you. The nuisance is: ~.VEEDS: ACCLrML'LATION OF VCEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROV~TIt IN EXCESS OF EIGHTEEN (18) INCI:I]~. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE (855.00) DO~ and an administrative cost of Two-Hundred ($200.00) dollars for a total of TWO-IIUNI)RED FII~'y- FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissione~ of Collier County, Florida, shall Become a lien on yom' property when recorded alter approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RF-.SULT IN A LIEN AGAi31ST ALL OF_ YOUR PROPERTY IN COLLIER COUNTY. Agenda Item No. 16A5 April 27th, 2004 Page 11 of 22 RESOLIYrlON NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY cOMMISSIONERS PROVIDLNG FOR TIlE ASSESSMENT OF LIEN FOR TItE COST OF THE ABATEMENT OF PUBLIC NqJISANCE, IN ACCOP,.DANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as pro~ded in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certa/n nuisances, including prescribed administrative cost incurred by the County, shall be asscssed against such propeCty; WHEREAS, the cost thereof to the County aa to each parcel shall be calculated and reported to the Board of County Commissioners, together with a descript/on of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS. the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notsce of Assessment and interest shall aca'ue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLL1ER COUNTY, FLORIDA, that lot 21 of the pn:,perty described as follows, ha'ring been abated of a public nuisance after due and proper notice thereof to the owner(s) of said prolxx~, ia hereby assessed the follo~Sng costs of such abatement, to vdt: ~ CONDORI, FRAN'K]LIN & HAYDEE LEGAL DESCR-1lvYION: Lots 20, 21, and 22 Block 188, GOLDEN GATE, Unit No. 6, according to the plat thereof, as recorded in plat book 5, at page~ 124 through 134 inclusive, of the public records of Collier County, Florida. COST: 5255.00 ~ 2477 FOLIO #: 363042800~8 The County shall (by re~.lar U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing thal copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded m the official records of Collier County, and m the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of .... 2004. ATTEST: D~3,qGHT E. BROCK, Clerk BOARD OF COUNTY CO.V~M1SSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved a~ to form aad legal sufficiency: palmer,-Assistaat County Attorney BY: Donna Fiala, Chah-man Agenda Item No. 16A5 April 27th, 2004 Page 12 of 22 BOARD OF COUNTy COM3~ISSIONERS THROUGH IFS CODE EN'FORCEMENT DEPARTMENT COLLIER COUNTY, FLOR/DA LEGAL NOTICE OF ASSESSMENT OF LIEN CONDORI, FRANKLIN & HAYDEE 4560 15ta Ave. SW Naples, FI. 34116 DATE: REF. INV.# 2477 FOLIO #: 36304280008 LIEN NUMBER: ~EGAL DESCRIPTION: Lot~ 20, 21, and 22 Block 188, GOLDEN GATE, Unit No. 6, according to the plat thereof, as recorded in plot book 5, at pages 124 through 134 inclusive, of the public recorda of Collier County, Florida. You, as the owner(s) of the property above, desCribed, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 21, and constituted a violation of county regulalions on December 4, 2003, and ordered the abatement of a certain nuisance exisling on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) LNCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of HFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-Hundred ($200.00) dollars for a totsl of TWO-IIILNDRED FIFTY- FIVE DOLLARS ($'2S$.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO ~ PAY TIlE AMOUN~T SPECIFIED LN THIS NOTICE MAy RESULT IN A LI~N AGAINST ~ YOUR PROPERTY IN ~ Agenda Item No. 16A5 April 27th, 2004 Page 13 of 22 RESOLI.rI'ION NO. 2004%__ A KESOLUT1ON OF THE BOARD OF cOUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF TltE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5 I. AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHZREAS, as provided in Ordinance No. 9%51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisaxtces, including prescribed administrative cost incurred by the Count>', shall be assessed against such property; and WHEREAS, the cost tho'eof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a desc'r/ption of smd parcel; and WHEREAS, such ass(:ssment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment slmll become due and payable no later than twenty {20) days of the date of the Legal Notice of Assessment and interest sLall accrue on thc unpaid balance beginning on the date this Resolution is recorded at the rate of twelve pea'cent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COU'NTY, FLORIDA, that lot 22 of the property described as follows, having be~m abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: CONDORI, FRANKLIN & HAY'DEE LEGAL DESCRIPTION: Lots 20, 21, and /:2 Block 188, GOLDEN GATE, Unit No. 6, according to the plat thereol', as recorded in plal book 5, at pages 124 through 134 inclusive, of the publle records of Collier County, Florida. COST: $255.00 REFERENCE#: 2482 FQLIO #: 36304320007 The County shall (by regula~ U.S. mail) mail a copy of this Resolction along with the Notice of Assessment of Lieu to the owner(s) of the above-described property. If within twenty (20) days of the date of marling that copy, the owner fails to deliver pa,,meat in full to Collic'~ County, the Resolution and Notice of Assessment shall be recorded ia the official records of Collier County, and lo the extent allowed by law, shall also be a lien upon all other re'al and.:ot l:,O'sonal property owned by the noted propen'y owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County. Commissioners of Collier Co,aaty, Florida, this __ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approvexl as to form and legal sufficiency. Thomas C~ Palm'r. ,,~s/stant County Attorney BY: Donna Fiala, Chairman F: Ll~ql MSTR RgSOLLrlIoN Agenda Item No. 16A5 April 27th, 2004 Page 14 of 22 BOARD OF COU~'NTY CO,~LMISSIONERS THROUGH 1TS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN CONDORI, FRANKLIN & HAYDEE 4560 15th Ave. SW Naples, FI. 34116 DATE: FOLIO #: 36304320007 LIEN NU3. ~BER: Lots 20, 21, and 22 Block 188, GOLDEN GATE, Unit No. 6, REF. INV.# 2482 LEGAL DESCRIPTION: according to the plat thereof, as recorded in plat book 5, at pages 124 through 134 lnclusl~-e, of the public records of Colller County, Florida. You, az the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nu/sance existed on lot 22, and constituted a v/o]ation of coumy regulations on December 4, 2003, and ordered the abatement of a certain nuisance existing on thc above propen'y prol~bited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: ~,VEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH LN EXCESS OF EIGHTEEN (18) INCHES, You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFI'Y~FIVE ($55.00) DOLLARS and an administrative cost of Two-Hundred {$200.00) dollars for a total of T~,VO-HUNDRED FIFTY- FI~VE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Coil/er County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TI~IELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. Agenda Item No. 16A5 April 27th, 2004 Page 15 of 22 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF cOLrNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, 1N ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-,17, AS AMENDED W21]~REAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed aflmimstrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cosl thereof to the County ~ to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WI-IEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no laler than twenty {20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, TI-LEREFORE, BE IT RESOLVED BY THE BOARD OF cOUNTY COMMISSIONERS OF COLLIER COU~NTY, FLORIDA, that lot 19 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: N~MME: HAbllLTON BAY DE%'., LLC LEGAL DESCRIPTION; Lot 19, Block 6, TRAIL ACRES, according to the plat thereof as recorded in plat book 3, Page $0, public recorrh of Collier County, Florida. COST~ $255.00 REFERENCE#: 2468 FOLIO #.i 77214760004 The County shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described propen'y. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of As.~aament shall be recorded in the official records of Collier County, and to the extent allowed by law, shall also be a lien upon ail other real aad.~ot personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Colliex County, Florida, this __ day of .., 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COLrNTY COMMISSIONERS COLL1ER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency:. . Thom&sC. Pah~er, Assistant County Attorney BY: Donna Fiala, Chairman Agenda Item No. 16A5 April 27th, 2004 Page 16 of 22 BOARD OF COL~'TY COMMISSIONERS THROUGH ITS CODE ENFORCE~[ENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HAMILTON BAY DEV., LLC 2430 VanderbHt Bch. Rd., #10g Naple~, Fl. 34110 DATE: REF. INV.g 2468 FOLIO #: 77214760004 LIEN NUMBER: LEGAL DESCRIFrION: Lot 19, Block 6, TRAIL ACRES, according to the plat thereof as recorded in plat book 3, Page 50, public records of Collier Couaty, Florida. You, as the owner(s) of the property above-described, as recorded in thc records maintained by the office of the Property Appraiser, arc hercby advised that the Code Enforcement Director, did de~ermme a public nuisance existed on lot I9, and constituted a ',5olation of county regulations on October 27, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and sm,ecl a notice of violation upon you. The nuisance is: ~,VEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You has'e failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a dkect cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-Hundred ($200.00) dollars for a total of TWO-HUNDRED FIFI~'- FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a hen on your properly when recorded after approval by the Boar& FAILURE TO .TIM~ELY PAY THE AMOLLNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LI~N AGAINST ALL OF YOUR PROPERTY IN ~ Agenda Item No. 16A5 April 27th, 2004 Page 17 of 22 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF CoU-NTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDIN.4aNCE No. 91-47, AS AMENDED WHERE.&S, as provided in OrdLnance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property, and WHEREAS, the cost thereof to the County as to each parcel shall be calculaled and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessmmt shall become due and payable no later tlma twenty (20) days of the dale of the Legal Notice of A~sessment and inter~l shall accrue on the unpa/.d balance beginning on the date this Resolution is recorded at the tale of twelve p~rcent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COU'NIY COMMISSIONERS OF COLLIER COL~qTY, FLORIDA. that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: PERSECO CORP. LEGAL DESCRIPTION; SEE ATTAClt~D EXFflBIT COST: $300.00 REFERE1NCE~: 2475 FOLIO #: 36232120007 The County shall Coy regulm U.S. mail} mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20} days of the date of mailing that copy, the owner fails to deliver paymc'nt in full to Collier Counly, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and to the extent allowed by law, shall also be a lien upon all other real and'or p~-rsonal property owned by the noted property owner(s) in Collier County. This Re~olution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of_ ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COIvlMISSIONERS COLLIER COUNTY, FLORIDA BY: Approved as to form and legal sufficiency:. Thomas C. Pal~ei', .!.ssistant County Attorney BY: Donna Fiala, Chairman p: ~ MgTR Agenda Item No. 16A5 April 27th, 2004 Page 18 of 22 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COL~'TY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN PERESECO CORP 1312 Chery SL Ft. Myers FL 33918 DATE: REF. INV.# 2475 FOLIO # 36232120007 LIEN NUMBER: LEGAL DESCRIPTION: See attached Exhibit "A". You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Properly Appraiser, are hereby advised that the Code Enforcement Dh'ector, did determine a public nuisance existed and constituted a violation of county regulations on October 28, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER Sll~HLAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it wu abated by the expenditure of public funds at a direct cost of One Hundi'ed ($100.00) Dollars plus an adminislxative cost of Two Hundred ($200.00) dollars for a total o£TItREE HUb"DR.ED DOLLARS ($300.00). Such cost, by Resoluhon of the Board of County Commissioners of Collier County, Florid& shall become a lien on your Inoperty when recorded after approval by the Board. FAILURE TO ~ PAY THE AMOUNT SPECIFIED 1N THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN ~ F: LIEN~ M$~ L14AL Agenda Item No. 16A5 April 27th, 2004 Page 19 of 22 ALL THAT PART OF BLOCK 154, GOLDEN GATE CITY', UNIT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK. 5, PAGES !i7 THROUGH 123, INCLUSIVE. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE pARTICULARLY DESCPdBED AS FOLLOWS: COMMeNCiNG AT THE CENTERLII'~ INTERSECTION OF h'~NTER BOULEVARD AND SANTA BARBARA BOULEVARD AS SHOWN ON TH~ SAID GOLDEN GATE CITY ~ 5 PLAT; THENCE A.LONG THE SAID CEN'TE~ OF SANTA BARBARA BOL;1..EVARD NORTH 0~ 46' 57' WEST 3OO_0O FEET; THENCE LEAVING SAID CENTERLI]~ OF SANTA BARBARA BOULEVARD 'NORTH $9~' 13' 03" EAST 53.00 FEET TO THE WEST LINE OF · UNrr 5 PLAT A.ND TIIE POINT BLOCK 154 OF SAiD OF BEGINNING OF TltE p~ ~. .,.~-~ar~ s~ nN~ TI~ ~:t¢~'~N~.~'~ ST' WEST 148.00 FEET; SOUTH RIGHT-OF-W~ Ll~/e. pq t ~, l' tY-'~u~ 'P'"Y? ' ~' - _,~., ti_ 273 00 FElL=r. lq 3' F.A.~T · ' ~CE ALO O ......... m.OO r~; \~ .......... ~'v2-~c¥I ~NORTH0'46 '~" ~ - ~ ........... AI~ BF. ARINGS ARE BASED ON PLAT BOOK 5, PAGES 1~? THROUGH 123. INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA= Agenda Item No. 16A5 April 27th, 2004 Page 20 of 22 RESOLUTION NO. 2004- A RESOLUTION OF THI! BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as succeSsor to Ordinance No. 91-47, as mended, the direct costs of abatement of ceftin nuisances, ir. eluding prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than m'enty (20) days of the date of the Legal Notice of Asseasm~nt and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot 6 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME; BARON, MI34ON LEGAL DESCRIPTION: Lot 6, LELY COUNTRY CLUB, MUIRFIELD, according to the Plat thereof as recorded in Plat Book 14, at Page 75, of the Public Records of Collier County, Florida. COST: $255.00 2470 ]*OLIO #: 55200240000 The County shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If wilttin twenty (20) days of thc date of mailing that copy, the owner fails to deliver payment in full to Coil/er County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and to the extent allowed by law, shall also be a lien upon ail other real and/or personal property ovmed by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by thc Board of County Commissioners of Collier County, Florida, this __ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMM2$SIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sm~ ciency'. ThxnnaslCr. Paliner, P~s-sistant County Attorney BY: Donna Fiala, Chairman F: L1ERff MgFR RESOLLrr[oN Agenda Item No. 16A5 April 27th, 2004 Page 21 of 22 BOARD OF COL']~'TY COMMISSIONERS THROUGH ITS CODE ENFORCEblENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BARON, MIMON 2375 Tamiami Trl N. STE 300 Naples, FI. 34103-4439 DATE: REF. lNV.# 22470 FOLIO #: 55200240000 LIEN .NUMBER: LEGAL DESCRIPTION: Lot 6, LELY COUNTRY CLUB, MUIRFIELD, according to the Plat thereof as recorded In Plat ltmok 14, at Page 75, of the Public Records of Collier County, Florida You, as the owner(s) of the property, above-described, as recorded ~n the ~ecords maintained by the oft3ce of the Property Appraiser, are hereby advised that the Code Enforcement Dixector, did determine a public nuisance existed on lot 6, and constituted a violation of county regulations on November 26, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as arnend~l and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGRO'~FH ~N EXCESS OF EIGh~TEEN (18) INCHES. You have failed to timely abate such nuisance; wherenpon, it was abated by the expenditure of public funds at a direct cost of FIPTY-FlVE ($55.00) DOLLARS and an administrative cost of Two-Hundred ($200.00) dollars for a total of TWO-ItUNDRED FIFTY- FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when r~corded after approval by the Board. FAlLURE TO TIMELY PAY '[HE AMOUNT SPECIFIED LN THIS NOTICE MAY RESULT 1N A LIEN AGALNST ALLOF YOUR PROPERTY IN COLLIER COUNTY. F: L.I]~ S/M~ LNAL Agenda Item No. 16A5 April 27th, 2004 Page 22 of 22 EXECUTIVE SUMMARY Lien Resolutions-Code Enforcement Case Numbers: 2003120857/Delarosa, Sandy L., 2003120487/Eichaker, William H. & Ayako, 2003091183/Mobil Oil Corp.2003081551/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081505/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081552/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081546/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081540/ Horse Creek Partners, Ltd.,Alan Schiffman - (Reg. Agent), 2003081538/Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081554/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081544/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent) OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens ~tgainst certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: ordinance No. 99-51, as successor to ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 12/17/03 b. Notice of Violation served undeliverable 2003120857 Delarosa, Sandy L. c. Notice of Violation Posted 01/28/04 $255.00 d. Unabated nuisance verified 02/09/04 e. Nuisance abated with public funds 02/12/04 f. Owner invoiced for costs 02/23/04 a. Violation determined 12/09/03 b. Notice of Violation served 12/16/03 2003120487 Eichaker, William H. c. Notice of Violation Posted 12/30/03 $500.00 & Ayako d. Unabated nuisance verified 01/12/04 e. Nuisance abated with public funds 01/28/04 Agenda Item No. 16A6 April 27th, 2004 Page 1 of 26 f. Owner invoiced for costs 02/03/04 a. Violation determined 09/26/03 b. Notice of Violation served 10/06/03 2003091183 Mobile Oil Corp. c. Notice of Violation Posted 10/13/03 $255.00 d. Unabated nuisance verified 10/24/03 e. Nuisance abated with public funds 11/20/03 f. Owner invoiced for costs 12/01/03 a. Violation determined 08/26/03 b. Notice of Violation served 09/09/03 2003081551 Horse Creek Partners, c. Notice of Violation Posted n/a $255.00 Ltd. d. Unabated nuisance verified 10/22/03 Alan Schiffman - e. Nuisance abated with public funds 10/10/03 (Reg. Agent) f. Owner invoiced for costs 10/31/03 a. Violation determined 08/26/03 b. Notice of Violation served no green card 2003081505 Horse Creek Partners, c. Notice of Violation Posted n/a $255.00 Ltd. d. Unabated nuisance verified 10/01/03 Alan Schiffman - e. Nuisance abated with public funds 10/10/03 (Reg. Agent) f. Owner invoiced for costs 10/31/03 a. Violation determined 08/26/03 b. Notice of Violation served 09/09/03 2003081552 Horse Creek Partners, c. Notice of Violation Posted n/a $255.00 Ltd. d. Unabated nuisance verified 09/24/03 Alan Schiffman - e. Nuisance abated with public funds 10/10/03 (Reg. Agent) f. Owner invoiced for costs 10/31/03 a. Violation determined 08/26/03 b. Notice of Violation served 09/09/03 2003081546 Hor~ Creek Partners, c. Notice of Violation Posted n/a $255.00 Ltd. d. Unabated nuisance verified 09/24/03 Alan Schiffman - e. Nuisance abated with public funds 10/10/03 (Reg. Agent) f. Owner invoiced for costs 10/31/03 a. Violation determined 08/26/03 b. Notice of Violation served 09/09/03 2003081540 Horse Creek Partners, c. Notice of Violation Posted n/a $255.00 Ltd. d. Unabated nuisance verified 09/24/03 Alan Schiffman - e. Nuisance abated with public funds 10/10/03 (Reg. Agent) f. Owner invoiced for costs 10/31/03 a. Violation determined 08/26/03 b. Notice of Violation served 09/09/03 2003081538 Horse Creek Partners, c. Notice of Violation Posted n/a $255.00 Ltd. d. Unabated nuisance verified 09/24/03 Alan Schiffman - e. Nuisance abated with public funds 10/10/03 (Reg. Agent) f. Owner invoiced for costs '10/30/03 Agenda Item No.16A6 April 27th, 2004 Page 2 of 26 - a. Violation dctcrmined 08/26/03 b. Notice of Violation served 09/09/03 2003081554 HorseCreek Partners, c. Notice of Violation Posted n/a $255.00 Ltd. d. Unabated nuisance verified 09/24/03 Alan Schiffman - e. Nuisance abated with public funds 10/10/03 (Reg. Agent) f. Owner invoiced for costs 10/30/03 a. Violation determined 08/26/03 b. Notice of Violation served 09/09/03 2003081544 Horse Creek Partners, c. Notice of Violation Posted n/a $255.00 Ltd. d. Unabated nuisance verified 09/24/03 Alan Schiffman - e. Nuisance abated with public funds 10/10/03 (Reg. Agent) f. Owner invoiced for costs 10/31/03 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record thc Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $3,050,00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $137.50, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. Agenda Item No.16A6 April 27th, 2004 Page 3 of 26 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A6 LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS: 20031208571 Delarosa, Sandy L., 2003120487/Eichaker, William H. & Ayako, 2003091183t Mobil Oil Corp.2003081551/Horse Creek Partners, Ltd.,Alan Schiffman -( Reg. Agent), 20030815051 Horse Creek Partners, Ltd ,Alan Schiflman -(Reg. Agent), 2003081552~ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081546/Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081540/Horse Creek Partners, Ltd.,Alan Schiffman -{Reg. Agent), 2003081538/Horse Creek Partakers, Ltd.,Alan Schiffman -(Reg. Agent), 2003081554/Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081544/Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent) 4/27/2004 9:00:00 AM Prepared By Shanelle Hilton Community Development & Environmental Services Administrative Secretary Code Enforcement Approved By Janet Powers Community Development & Environmental Services Operations Manager Code Enforcement Date 411412004 1:33 PM Approved By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement Director Code Enforcement Date 4/15/2004 9:28 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin, Date 411512004 11:17 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin, Date 4/15/2004 8:26 PM Approved By Shanelle Hilton Community Development & Environmental Services Administrative Secretary Code Enforcement Date 4/16/2004 10:39 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4119/2004 10:24 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 411912004 11:45 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4119/2004 2:01 PM Agenda Item No. 16A6 April 27th, 2004 Page 4 of 26 RESOLUTION NO. 2004- A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the properl3, against which made until paid; and ~,'I-IEREAS, the assessment shall become due and payable no later thom twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the tmpaid balance begim,~ing on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNIY COMMISSIONERS OF COLLIER COUNTY, FLOPdDA, that lot 8 of the property described as follows, having been abated of' a public nuisance af~ due and proper not/ce thereof to the owner(s) of said property, is hereby assessed the follo,~Sng costs &such abatement, to wit: ~.AME: DELAROSA~ SANDY L LEGAL DESCRIPTION: Lot 8, Lake Trafford Estates, Unit No. 1, ~eeording to the plat thereof on l'de in the office of Clerk of the Circuit Court recorded in Plat Book 4, Page 82, Public Records of Collier County, Florida COST: $255.00 REFERENCE/~t: 2503 FOLIO #: 53450280003 TI~ County shall (by regular U.S. mail) mml a copy of this Remlution along w/th the Notice of Assessment of Lien to the owner(s) of the above-d~zribed propr:rty. If withSn twenty (20) days of the date of mailing that copy, the oWner ragu to deliver payment in full to Colher County, the Resolution and Notice of Asse. s,sment shall be recorded in the official records of Collier County, and lo the extent allowed by law, shall also be a lien upon all other real an&'or p~sonal property owned by the noted prop~y ownm-(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this__ day of ,2004. ATYEST: DWIGttT E. BROCK, Clerk BOARD OF COUNTY COMMLSSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency:. Thomas/ ~.~almer~ Assistant County Attorney Donna Fiala, Chairman Agenda Item No. 16A6 April 27th, 2004 Page 5 of 26 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COL~TY, FLOR[DA LEGAL NOTICE OF ASSESSMENT OF LIEN DELAROSA, SANDY L. 1811 Leed St. lmmokalee, FI. 34142 DATE: REF. INV.# 2503 FOLIO #: 53450;180003 LIEN NUMBER' LEGAL DESCRIPTION: Lot 8, Lake Trafford Estates, Unit No. 1, according to the plat eaereof on file in the office of Clerk of the Circuit Cour~ recorded in Plat Book 4, Page 82, Public Records of Collier County, Florida You, az the owner(s) of the property above~tc~cribed, as recorded in the records maintained by the office of the Proi~ty Appraiser, are hereby advised that the Code Enforcernent Director, did d~ermine a public nuisance existed on lot 8, and constimled a violation of comO/ regulations on February 9, 20t)4, ar.d ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violalion upon you. The nuisance is: 'WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGRO~"I'H IN I~XCESS OF EIGHTEEN 08) INCHES. You have failed to Qra¢ly abate such nuisance; whereupon, il was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-Hundred ($200.00) dollars for a total of TWO-HUNDRED FIFIY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of Courtly Commissioners of Collier Count~', Florida, shall become a lien on your property when recorded niter agprovai by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED lin THIS NOTICE MAY RESULT IN A LIE._aN AGAINST ALLO~ YOUR PROPERTY IN COLLIER COUNTY. F: L1EN~ MS'IR L.NAL Agenda Item No.16A6 April 27th, 2004 Page 6 of 26 RESOLUTION NO. 2004- A RESOLUTION OF 'DIE BOARD OF COUNTY COM~MISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF TH]E ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-5 l, as successor to Ordinance No. 9147, as mended, tho dixect costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed agaix~ such property;, and WHEREAS, the cost there,~f to the County as to each paxcel shall be calculaled and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of tbe Legal Notice of Ass~smen! and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of lwelve percent { 12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN~fY, FLORIDA, that the property de, scribed as follows, having beeo abated of a public nuisance after due and proper notice thereof to the owner(s) of said prOlXXty, is hereby assessed the following cosB of such abatement, to wit: NAME[ EICFIAKF_,R~ WILLIAbl IL & AYAKO LEGAL DESCRIPTION: North 180' of Trsc! No. 28 GOLDEN GATE ESTATES Unit No. 12 according to the map of plat thereof recorded in Plat Book 4, Pages 105-106 of the Public Records of Collier County, Florida. COST: $$00.00 REFERENCE#: 2500 FOLIO #: 37162080009 The County shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lies to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and to the cxt~at allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted prolx-rty owner(s) in Collier County. This Resolution passed and duly adopted by thc Board of County Commiss/oners of Collier County, Florida, this __ day of ,2004. ATrF_.ST: BOARD OF COUNTY COMMISSIONERS DWlGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Donna Fiala, Chairman Approved as to form and legal sufficiency:. Thomas C. ~'~lfi~r, Assistarit County Attorney F: LIEN/MSTR ILI~OLIJTIO~; Agenda Item No. 16A6 April 27th, 2004 Page 7 of 26 BOARD OF COL~NTY COM.~flSsIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIY~N EICHAKER, WlLLLIAM H. & AYAKO 4675 Painter~ St. New Orleans, LA. 70122 DATE: REF. INV.# 2500 FOLIO#: 37162080009 LIE4N NUMBER: LEGAL DESCRIPTION: North 180' of Tract No. 28 GOLDEN GATE ESTATES Unit No. 12 according to the mnp of plat thereof recorded in Plat Book 4. Pages 105-106 of file Public Records of Collier County, Florida. You, as the owner(s) of the prol:~'~rty above-dcscn'ocd, as recorded in the rccords mainlined by thc office of the Proper~y Appraiser, are hereby advised that the Code Enforcement Dkector, did dclcrrmnc a public nuisance existed, and constituted a violation of coumy regulations on January 12, 2004, and ordered thc abatement of a certain nuisance existing on the above prop~'ty pxohibited by Ordinance No. 09-51, as amended and served a notice of violation upon you. The nuisance is: LITTER: PROHIBITED DU~IPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You have failed to t~mely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of THREE-HUNDRED {$300.00) DOLLARS and an adminis~'ative cost of Two-Hundred {$200.00) dollars for a total of FIVE-HUNDRED ($500.00) DOLL~R.S. Such cost, by Re.solutmn of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TI3~[ELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT tN A LIEN AGAINST ALL OF YOL~R PROPERTY tN ~ F: LIENS/Mb'TR LNAL Agenda Item No.16A6 April 27th, 2004 Page 8 of 26 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ^SSESSMEN~!' OF LIEN FOR THE COST OF THE ABATEMENT OF PtJBL1C NU[S,-MNICE, IN ACCORDANCE WITH ORDINANCE No. 9~-51, AS SUCCESSOR TO ORD~'ANCE No. 91-47, AS AMENI)ED WIIEREAS. as pro,,ided in Ordinance No. 99-51, as successor to Ordinance No. 91-4.7, as mended, the dh'ect costs of abatement of certain nuisances, including pre$cril~d administrative cost incurred by the County, shall be assessed against such property;, and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of'Cotmty Commissionem, together with a description of said parcel; and WHEREAS, such as.s~,,sment shall be a legal, valid and binding obligation upon the pro.~erty against ~,hich made until Prod; and WItEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of lwelve percent (12%) per armum. NOW, THEREFORE, BE rr RESOLVED BY TIlE BOARD OF COUNTY COMM1SSIONrERS OF COLLIER COL~'qTY, FLORIDA, that the property described as folIows, having been abated of a public nuisance after due and proper notice thereof to the oxmer(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAI~IE: MOII1LE OIL CORP. LEGAL DESCRIPTION: The properly located at 317'I Tamiami Tr. E., Naple~, Florida, more particularly described in Warranty Deed recorded al OR 1056, Page 0984, Oflieiai Records of Collier County., Florida COST: $255.00 REFERENCF~: 2469 FOLIO #: 00393~60008 The Count5,- shall (by regular U.S. ma/l) mail a cop>' of this Resolution along with the Notice of Assessment of Lien to the namer(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, ~e owner fails to deliver pa:yment in full to Collier County, the Resolution and Notice of Assessment skall be recorded in the official records of Collier County, and to the extent allowed by law, shall also be a lien upon all other real andYor personal property owned by the noted property owner(s) in Collier Comity. Tlds Resolution passed and duly adopled by the Board of County ComnUssioners of Collier County, Florida, this _ day of__, 2004. AITEST: BOAILD OF COLrNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COLLNTy, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palhaer, Assistant County Attorney BY: Donna Fiala, Chairman Agenda Item No. 16A6 April 27th, 2004 Page 9 of 26 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN MOBIL OIL CORP. PO Box 4973 Houstou, TX. 77210 DATE: REF. £NV.# 2469 FOLIO#: 0~393560008 LIEN NUMBER: LEGAL DESCRIPTION: The property lecated at 3777 Tamiami Tr. E., Naples, Florida, more particularly deseribed in Warranty De~d recorded at OR 1056, Page 0984, Official Records of comer County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, ~re hereby advised that the Code Enforcement Director, did determine a publ/c nuisance existed, and constituted a violation of county r~gula~ons on October 24, 2003, a~d ordered the abatement of a certain nuisance existing on the above properW prohibited by Ordinance No. 99-51, as amendex/ and served a notice of violation upon you. The nuisance is: WEEDS: ACCL.'3,'IL'LATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-Hundred ($200.0~) dollars for a total of TWO-HUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on you~ property when recorded after approval by the Board. FAILURE TO TIMELy PAY THE ~MOL'NT SPECIFIED IN THIS NOTICE :MAY RESULT IN A LIEN AGAINST P~LL OF YOUR PROPERTY IN COLLIER cOUNTY. Agenda Item No.16A6 April 27th, 2004 Page 10 of 26 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNtrY CONLMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMIEN~DED WHEREAS, as provided m Ordinance No. 99-51, as successor to O~dinance No. 91-47, a.s amended, the direct costs of abatement of ce~ain nuisance~, including prescribed administrative cost recurred by the County, shall be assessed against such propeCry;, and WHEREAS, thc cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property, against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) day's of the date of the Legal Notice of Assessmem and interest shall accrue on the unpaid balance begirming on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance al~,er due and proper notice thereof to the owns(s) of said Property, is hereby assessed the following costs of such abatement, to wit: .NAME HORSE CREEK PARTNERS, LTD., ALAN SCHIFFMA.N (Reg. Agent) LEGAL DESCR/P'[ION: The proper~ located at 272 Old Tamiami Tr., Naples, Florida, more specifically described as: Palm River Est. Unit 2 Lot 862 OR 508 PG 127 thereof recorded in Public Records of Collier CounW, Florida. COST_~__.[: $255.00 REFERENC,~g: 2438 FOLIO #: 0065274960005 Thc County shall (by regular U.S. mail) mail a copy of this Re.solution along with the Notice of Assessment of Lien to the owner(s) of the above°described property. [f within twenW (20) days of the da~e of mailing that copy', the owner falls to deliver payment in full to Cotlier County, the Resolution and Notice of Assessment shall be recorded in the offie/al records of Collier County, and to the exlent allowed by law, shall also 1~ a li~a upon all other real and/or personal property owned by the noted propexty owner(s) in Collier County. Th.is Resolution passed and duly adopted by the Board of County' Commissioners of Collic~ County, Florida, this __ day of__ ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY CON~IIS SIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: mas ~L~.. P'a.lmer, .~.ssistant County Attorney BY: Donna Fiala, Chainuan Agenda Item No. 16A6 April 27th, 2004 Page 11 of 26 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER cOUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HORSE CREEK PARTNERS, LTD. ALAN SCHIFFMAN (Reg. Agen0 1166 Dlmock Ln. Naples, Fl. 34110 DATE: REF. INV.# 2438 FOLIO #: 00~5274960005 LIEN NL~MBER: LEGAL DESCRIPTION: The property located at 272 Old Tamiami Tr., Naplez, Florida, more specifically described al: Palm River Est L'nit 2 Lot 862 OR 508 PG 127 thereof recorded in Public Records of Collier County, Florida. You, as the owner(s) of the prope~y above-deseribed, as recorded in thc records maintained by the office of the Property Appraisea', are hereby advised that the Code Enforcement Director, did determine a publ/c nuisaszce existed, and constituted a violation of cotmty regulations on October 22, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinanc~ No. 99-51, as amended and served a notice of violation upon you. l'~e nuisance is: WEEDS: ACCUMULATION OF ~,VEEDS, GILa~SS, OR OTHER NON-PROTECTED O~fERGROWTlt LN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate suc. b. nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFtY-FIVE ($55.00) DOLLARS and an admiaistrat/ve cost of Two-Hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY- FIVE DOLLARS ($255.00). Such cost, by Resolution of thc Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded afie~ approval by the Board. FAILURE TO TIMELy PAY THE AblOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOL~t PROPERTY EN COLL1 COUNTY. Agenda Item No.16A6 April 27th, 2004 Page 12 of 26 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE .~SSESSMENT OF LIEN FOR THE COST OF THE ABATE,'V~IT OF PUBLIC NUISANCE, I'N ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AbtENDED WHEREAS, as provided in Ord.Mance No. 99-51, as succes.~or to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof t~ the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of mid parcel; WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property agalp~t which made until paid; and WHEREAS, the assessment shall become due and lmyable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shaJt accrue on the unpaid balance be~nning on the date this Resolution ~s recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTy COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the ox~aer(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: HOI~E CREEK PARTNERS, LTl)., ALAN SCHEFFMAN (Reg. Agent) LEGAL DESCRIPTION: The property located at 236 Old Tamianfi Tr., Naples, Florida, more specifically described as: Palm Rh,'er Est. Unit 2 Lot 856 OR 508 PG 122 thereof recorded in Public Records of Collier County, Florida. COlbY: $255.00 R. EFERENCE~. 2439 FOLIO #: 0065274960005 The County shall 0ay regular U.S. mail) mail a copy of this Resolution along with the Notice of A~sessment of Lien to the owner(s) of the above-described property. If within twenty (70) days of the date of ma lng that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by thc noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida. ~his -_ day of__ ,2004. ATTEST: DV, qGHT E. BROCK, Clerk. BOARD OF COL2x/TY COMM]SSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and lega2 sufficiency: Assistant County Attorney BY: Donna Fiala, Chairman Agenda Item No.16A6 April 27th, 2004 Page 13 of 26 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HORSE CREEK PARTNERS, LTD. ALAN SCH[FFMAN (Reg. Agent) 1166 Dimock Ln. Naples, FI. 34110 DATE: REF. INV.# 2439 FOLIO #: 0065274960005 LIEN ,NUMBER: LEGAL DESCRIPTION: The property located at 236 Old Tamiami Tr, Naples, Florida, mor~ ~pveiflcally described as: Palm River Est. Unit 2 Lot 856 OR 508 PG 122 thereof recorded in Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in thc records mmntained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did denermine a public nuisance existed, and constituted a violation of county regulations on October 01, 2003, and ordered the abatement of a certain nuisance existing on the above propen'ty prohibited by Ordinance No. 99-5 I, as amended and served a notice of violation upon you. The nuisance is: V,"EEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have faired to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE (S55.00) DOLLARS and an administrative cost of Two-Hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY- FIVE DOLLARS ($255.00). Such cost. by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded at, er approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER ~OUNTY. F LIENS/MSTR LNAL Agenda Item No. 16A6 April 27th, 2004 Page 14 of 26 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COIvLMISSION~ERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 9147, as ~'nendcd, the direct costs of abatemem of certain nmsances, including preSCribed administrative cost mcu~ed by the County, shall be a.~sed against such property:, and %3{EREAS, the ca,st thereof to the County as to ach p~rcel shall be calculated and reported to the Board of Cmmty Commissioners, together~',~nth a desenPnon o£said pm'eel; and ~,¥~EREAS. such assessment shall be a legal, valid and bintEng obligation upon the propcr~y agalr, st which made until paid; and WHEREAS, the assessment shall become due and payable n~ later than twenty (20) days of the date of the Legal Notice of Assessment a.qd interest shall accrue on the unpaid balance begaunmg on the date this Resolulion is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE. BE 1T RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, t~hat the property described as follows, ha~sng been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: N.iME: HORSE CREEK PARTNERS, LTl)., AI~XN SCHIFFMAN (Reg. Agent} LEGAL DESCRIPTION: The properl~ located at 259 Old Tamiami Tr., Naples, Florida, more specifically described as: Palm River Est. Unit 2 Lot 859 OR 508 PG 127 thereof recorded in Public Records of ColLier County, Florida. COST: S255.04) REFERENCE#: 2435 .F. OLIO #: 0065274840002 The CourtW shall (by regular U.S. mail) marl a copy of this Resolunon along x~,'ith the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty' (20) days of the date of mailing that copy, the owner fa'Is to deliver payment in full to ColLier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and to the extent allowed by law, shall also be a lien upon ail other real mad,or personal property owned by the noted property owner(s) in CoLlier County. This Resolution passed and duly adopted by the Boa.rd of County Corranissioners of Collier CoanW, Florida, this __ day of ,2004. ATTEST: DWIGHT E. BROCIQ Clerk BOARD OF COUNTY COMMLSSIONERS COLLIER COL2qTY, FLOfLIDA BY: Deputy Clerk Approved as to form and legal sufficiency., t'x , as C. Palmer, Assistant County Attorney BY: Donna Fiala, Chairman Agenda Item No.16A6 April 27th, 2004 Page 15 of 26 BOARD OF cOUNTY COMMISSIONERS THROUGH FYS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HORSE CREEK PARTNERS, LTD. ALAN SCHIFFMAN (Reg. Agent) 1166 Dimock Lo. Naples, FL 34110 DATE: REF. INV.# 243~ FOLIO #: 0065274840002 LIEN NUMBER: LEGAL DESCRIPTION: The property located al 259 Old Tamiami Tr., Naples, Florida, more specifically described as: Palm River EsL Unit 2 Lot 859 OR 508 PG 127 thereof recorded in Public Records of Collier County., Florida. You, as the ow'ncr(s) of the property above-described, as recorded in the records maintained by the office of the Property Apprmser, are hereby advised that the Code Eaforeemem Direclor, did determine a public nuisance existed, and constituted a violauon of county regulations on September 24, 2003, and ordered the abatement of a certain nuisance existing ou Cae above proper~y prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The auisance is: VCEEDS: ACCI. LMULAI'ION OF V,'EEDS, GRASS, OR OTIIER NON-PROTEC'IED OVERGROWTH LN EXCESS OF EIGHTEEN (18) INCITES. You have failed to timely 'abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55,00) DOLLARS and ;an ~ministrative cost of Two-Hundred ($200.00) dallars for a total of TWO-HUNDRED FIFYY- FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collic~ County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO Tl~IELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE .MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. Agenda Item No. 16A6 April 27th, 2004 Page 16 of 26 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COL~TY COMMISSIONERS PROVIDING FOR TIlE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided ia Ordinance No. 99-5 [, as ~xtccasaoz to Ordinance No. 91-47, as amended, the direct costs of abatement of certah: nuisances, including prescribed admiaistralave cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a descr/pfion of smd parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligahun upon the prope~y against which made until pa/d; and %~EREAS, the assessment shall become due and payable no later than twenty (20) day~. of the date of the Legal Notice of Assessmmt and interest shall accvae on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COLrNTY COh, LMISSIONERS OF COLLIER COUNI~, FLORIDA, that the prolxxty described as follows, bm,rog been abated of a public nuisance after due and proper notice thereof to the owneffs) of said property, is hereby assessed the following cosks of such abatement, to mt: NAME: HORSE CREEK PARTNERS, LTD., AI_.AN SCHIFFM.4dN {Reg. Agent) LEGAL DESCRIPTION: The property located at 266 Old Tamiaml Tr., Naples, Florida, more specifically described as: Palm River Esl. Unit 2 Lot 861 OR 508 PG 127 thereof recorded in Public Records of Collier County., Florida. COST: $2~5.00 REFERENCE#: 2436 FOLIO #: 0065274920003 The County slxall (by regular U.S. mail) ma/l a copy of tlus Resolution along vath the Notice of Assessment of Lien to the owner(s) of the above-describcd property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver paymem in full to Collier County, the Resolution and Notice of Assessment shall be recorded ia the official records of Collier Coumy, and to the extent allowed by law, shall also be allcn upon all other real and;'or personal property or*ned by ll'.e noted property owner(s) in Collier County. TI~s Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of .... 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COLVNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy' Clerk Approved as to form and legal suffic/ency:. Thomas C~. Palm'r, omey BY: Donna Fiala, Chairman Agenda Item No.16A6 April 27th, 2004 Page 17 of 26 BOARD OF COLqN'YY COM.MISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HORSE CREEK PARTNERS, LTD. ALAN SCHIF/3L42q (Reg. Agent) 1166 Dimock Ln. Naples, FI. 34110 DATE: REF. INV.g 2436 FOLIO #: 0065274920003 LIEN NUMBER: LEGAL DESCRIPTION: The property, located at 266 Old Tamiami Tr., Naples, Florida, more specifically described as: Palm River Est. Unit 2 Lot 861 OR 508 PG 127 thereof recorded in Public Records of Collier County, Florida. You, as the owner(s) of the proper~y above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement D[rectoL did dctennine a public nuisance existed, and constituted a violation of county regulations on September 24, 2003. and ordered the abatemen! of a certain nuisance existing on the above property prohibited by Ordinance No. 99-5l, as amended and served a not/ce of violation upon you. The nuisance is: V[EEDS: ACCUMULATION OF WEEDS, GRASS, OR OTI:IER NON-PROTECTEB OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You bare failed to timely abat~ such nmsance; wl~,ereupon, it was abated by the expenditm'e of public funds at a disect oost of FIFTY-FIVE (S55.00) DOLl.ARS and an administrative co~t of Two-tlundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY- FIVE DOLLARS ($255.00). Such cost, by Resolution of the Bom'd of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOLq~T SPECIFIED IN THIS NOTICE MAY RESULT 1N A LIEN AGALNST ALL OF YOUR PROPERTY IN ~ Agenda Item No. 16A6 April 27th, 2004 Page 18 of 26 RESOLUTION NO. 2004- A RESOLUTION' OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THeE COST OF THE ABATEMENT OF PUBLIC NqJISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS A3,1ENDED WHEREAS, as provided iu Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct cos~a of abatement of cea~am nuisances, includiag prescribed administrative cost incurred by the County, shall be assessed agait:.st such property; and WHEREAS, thc cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shard be a legal, valid and binding obligation upon the prope~y against which made anti] pa~d; and WHEREAS, the assessment shall become due a~d payable no later than twenty (20) days of thc date of the Legal Notice of Assessment and iater~st shall accrue on the unpaid balance begiamag on the date this Resolution is recorded at the rate of twelve percent (12%) per armum. NOW, TI-~EREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO/~M/SSIONERS OF COLLIER COUNTY, FLORIDA, that thc property described as follows, haviag been abated of a public nuisance after duc and proper notice thereof to the owner(s) of said property, is hereby assessed the foIIowmg costs of such abatement, to wiT: NAME: HORSE CREEK PARTNERS, LTD., ALAN SCHIFFMAN (Reg. Agent) .LEG.4,L DESCRIPTION: The property located at 248 Old Tamiami Tr., Naples, Florida, more specifically described as: Palm River Est. Unit 2 Lot 858 OR 508 PG 127 thereof recorded in Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2434 FOLIQ #~ 0065274800000 The County shall (by regular U.S~ mail) marl a copy of tills Resolufioa along with the Notice of Assessmem of Lien to the owner(s) of the above~escrihed property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliv~ payment in full to Collier Count, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and to the extent allowed by law, shall also be aiien upon all othex real ands'or personal property owned by the noted prop~ty ownerl, s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of ' Collier County, Florida, this __ day of .2004. ATTEST: DWIGHT E. BROCK, Cled~ BOARD OF COL~TY CO~MMISSIONERS COLLIER COUNTY, FLOPdDA BY: Deputy Clerk Approved as to form and legal su~cieacy: . Thom~ ~C-. Palm~, A~t Coun~ ^ttomey BY: Donna Fiala, C~airman Agenda Item No.16A6 April 27th, 2004 Page 19 of 26 BOARI) O1~ COUNTY COMMISSION'ERS THROUGH ITS CODE ENI~ORCEMENT DEPARTMENT COLLIER COUrNTY, ]~LORI~A LEGAL NOTICE OF ASSESSMENT OF LIEN tiORSE CREEK PARTNERS, LTD. ALAN SCHIFF~L~N (Reg. Agen0 1166 Dimock Ln. N~ples, Fl. 34110 DATE: REF. LN'V.# 24~1 FOLIO #: 0065274800000 LIEN NUMBER: LEGAL DESCRIPTION: The property located at 248 Old Tamiami Tr, Naples, Florida, more specifically described Public Records of Collier Couoty, Florida. You, as the owner(s) of the property ahovc-dcsc~bed, as recorded in the records maintained by the office of the Property Appraiser, are her~y advisod that the Code Enforcement Director, did determine a public nui.~nee existed, and constituted a violation of county regulations on September 24, 2003, and ordered the abatement of a certain nuisance existing on the above properly prohibited by Ordinance No. 99-51, ~s amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCEMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to 5mely abate such ngisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($S5.00) DOLLARS ~md an administrative cost of Two-Hundred ($200.00) dollars for a total of TWO-ltLrNDRED ]FlI~¥- FIVE DOLLARS Such cost, by Resolution of the Bo~l of County CommJ. ssioners of Collier County, Florida, shall become a lien on your property when xecorded after a~roval by the Board. FAILURE TO TLM~LY PAY THE AMOUNT SPECIFIED 1N THIS NOTICE MAY RESULT IN A LIEN AGALNST ALL OF YOUR PROPERTY IN COLLIER COUNTY. Agenda Item No.16A6 April 27th, 2004 Page 20 of 26 RESOLL-fION NO. A RESOLUTION OF THE BOARD OF COUNTY COMIvUSSIONERS PROVIDING FOR THE ASSESS~LENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED ~31EREAS. as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certmn nmsances, including prescribed administrative cost thc'un'ed by the County, shall be assessed against such property; and W}LEREAS, the cost ~hereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and 9,~IEREAS. such assessment shall be a legal, valid and binding obligation upon the property agaimt which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of thc Legal Notice of Assessment and interest shall accrue on the unpaid balance beginrfing on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COL.rNTy, FLORIDA, that the property described as follows, i'~aving been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to w/t: NAME: IIORSE CREEK PARTNERS, LTD., .~AN SC}I1FI~IAN Oleg. Agent) LEGAL DESCRIPTION: The property Io~ated at 242 Old TamJami Tr, Naple~, Florida, more specifieaUy described as: Prim River Est. Unit 2 Lot 857 OR 508 PG 122 thereof recorded in PubLic Records of Collier Count>', Florida. COST: $255.00 REFERF4N'CE#: 2433 FOLIO #: 0065274760001 The County shall (by regular U.S. mail) mail a copy of th/s Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner tails to deliver pasment in full to Collier County, the Resolution and Notice of Asses~rnent shall be recorded in the official records of Collier County, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Colher Comaty. This Resolution passed a. nd duly adopted by the Board of County Commissioners of Collier County., Florida, this __ dayof .... 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COLINTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Donna Fiala, Chairman Approved as to form and legal sufficiency:. /~) ~ Thomas C. ~affn~, Xs,sihant ~2o~-~ A¥o~ey F LIENt' MSTR RESOLLrDON Agenda Item No.16A6 April 27th, 2004 Page 21 of 26 BO.~RD OF COUNTY CO~IlSSIONERS THROUGH 1TS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HORSE CREEK PARTNERS, LTD. Al.AH SCHITIrMAN (Reg. Agent) ! ! 66 Dimock La. Naples, FI. 34110 DATE: REF. INV.# 2433 FOLIO #: 0065274760001 LIEN NUMBER: LEGAl, DESCRIPTION; The property located at 242 Old Tamlami Tr, Naples, Florida, more specifically described a~: Palm River Est. Unit 2 Lot 857 OR 508 PG 122 thereof recorded in Public Records of Collier County, Florida. You, as the o,s'ncr(s) of the property above-deSCribed, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement D/rector, did determine a public nuisance existed, and constituted a violation of courtly regulations on September 24, 2003, and ordered the abatement of a cerlmn nuisance existing on the above property prohibited by Ordinance No. 99.51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF ~,VEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure o£ public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an admimsuaUve cost of Two-Hundred ($200.00) dollars for a total of TWO-I:I-UNDRED FIre'- FIVE DOLLARS ($255.00). Such cosl, by Resolution of the Board of County Commissioners of Collier County, Florid& shall become a lien on your property when recorded after approval by the Board. F,KILL~RE TO TIMELY PAY THE AMOL.'NT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F; LLENS~' .M~'R LNAL Agenda Item No. 16A6 April 27th, 2004 Page 22 of 26 RESOLUTION NO. 200~- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMEN~T OF LIEN FOR THE COST OF THE ABATENLENT OF PUBLIC NUISANCE, IN' ACCORDANCE WITtt ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEKEAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assess~ against such property; and WHEREAS. the cost thereof to the County as to each parcel shall be calculated and reported to the B~ard of County Commissioners, together vath a desmption of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no lamr than m'enry (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per atmum. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERs OF COLLIER COLrNTY, FLORIDA, that the property descffbed as fotlows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, ~s hereby assessed the folloVang costs of such abatement, to wit: SAME: FlOP, SE CREEK PARTNERS, I.TD..-kLAN SCI'tIFFMAN (Reg. Agent) LEGAL DESC~ON: 'rte property, located at 280 Old Tamiami Tr., Naples, Florida, more specifically described as: Palm River EsL Unit 2 Lot 863 OR 508 PG 127 thereof recorded in Public Records of Collier County.. Florida ,,COST: $255.00 ~ 2432 FOLIO #: 006527500~003 The County shall (by regular U.S. mml) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If v,4thin twenty (20) days of the date of mailing that copy, the owner ~ails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Colli~ County, and to the extent allov,.ed by law, shall also be a lien upon all other real and,"or personal properD, owned by the noted propen7 owner(s) in Collier County. This Resolution passed and duly adopted by' the Board of Count'~ Commissioners of Colher County, Florida. this __ day of ,2004, A-I'rEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY CONLMISSIONERS COLLIER COL ,v~l'rY, FLORIDA BY: D~puty Clerk Approved as to form and legal sufficiency: Thoma~ C. PaLmer, As.sistant County Attorney BY: Donna Fiala, Chairman F LIE]~' MSTR R.E~OLUTION Agenda Item No. 16A6 April 27th, 2004 Page 23 of 26 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOT1CE OF ASSESSMENT OF LIEN HORSE CREEK PARTNERS, LTD. ALAN SCHIEFMAN (Reg. Agent) 1166 Dimock La. Naples, FI. 34110 DATE: LIEN NUMBER: REF. LNg'.# 2432 FOLIO #: 0065275000003 LEGAL DESCRHIrI~ON: The property located at 280 Old Tamiami Tr, Naples, Florida, more ~pecifieally described aa: Palm River E~t. Unit 2 Lot 863 OR $08 PG 127 thereof recorded in Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby adMsed that the Code Enforcement Director, did determine a public nuisance existed, and constituted a violation of county regulations on September 24, 2003, and ordered the abatement of a certain nuisance existing orr the above property proh~ited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: '~EEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN 08) INCHES. You have failed To timely abate smch nuisance; whereupon, it was abated by the expmditure of public funds at a direct cost of FIi~I'Y-FIVE ($55.00) DOLLARS and an administrative ex>st of Two-Hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY- FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, 'shall becomo a lien on your property when recorded after appxoval by the Board. FAILURE TO TLMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RI~SULT IN A LI~N AGAINST ALL O~r YOUR PROPERTY IN COLLIER COUNTY. LIENS/MSTR LJqAL Agenda Item No. 16A6 April 27th, 2004 Page 24 of 26 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COL'N'IT COIvIMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEIMENT OF PUBLIC NUIS:MNCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED '~rlEREAS, as Ixovided m Ordinance No. 99-51, as successor to Ordinance No. 9147, as an:ended, the da'eot costs of abatmnent of certain nuisances, including prescribed administrative co~t incurred by the County, shall be assessed against such propertE and ~3,~IEREAS, the cosl thereof to the County as lo each parcel shall be calculated and reported to the Board of Comtty Commissioners, together with a description of said parcel; and W~h~"EREAS, such asscssm~m shall be a legal, valid and binding ~bligation upon the proper~y against which made until prod; ar.d WHEREAS, the as.sessment shall become due and payable no later than t~,enty (20) days of the date of the Legal Notice of Assessme~a and interest shall accrue on the unpaid balance beg/.nmng on the date this Resolution is recorded at the rate of t~'elve percent { 12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BO:Mt.D OF COUNTy COMMISSIONERS OF COLLIFR COUNTY, FLORiDA, that the property described as follows, having been abated of a public nuisance after due and propea' notice thereof to the owner(s) of said properly, is hereby assessed the followSng costs of such abatement, to w/t: NAME: HORSE CREEK PARTNERS, LTD., ALAN SCH1FF~IAN CReg. Agent) LEGAL DESCRIPTION: The proper~ located at 260 Old Tamiami Tr., Naples, Florida, more specifically described as: Palm River Est. Unit 2 Lot 860 OR 508 PG 127 thereof recorded in Pu bile Records of Collier County, Florida COST: S'255.00 REFERENCE#: 2437 F~)LIO #: 0065274880004 The County shall (by regula~ U.S ma/i) mail a copy o£this Resolution along w/th the Notice of Assessment of Lien to the owner(s) of the above-described property, lfwith/n twenty. (20) days of the date of mailing that copy, '~he o~xacr fails to deliver payment in full to Collier CounW, the Resolution and Notice of Assessment shall be recorded in the offic/al records of Collier County. a~nd to the extmt allowed by law, shall also be a lien upon all other real and;or persona/property ~&'ned by the noted property owner(s) in Collier County. 1-1,As Resolution pa~sed and duly adopted by thc Board of County. Commissioners of Collier County, Florida, th/s __ da5, of _, 2004 ATTEST: DWIGHT E. BROCK_ Clerk BOARD OF COLrNTY COMMISSIONERS COLLAR COU~qTY, FLORII)A BY: Deputy Clc~k Approved as to form and legal sufficiency: T~omas C. Palmer, Xssistant County Attorney BY: Donna Fiala, Chairman Agenda Item No. 16A6 April 27th, 2004 Page 25 of 26 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCE,MENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMF~NT OF LIEN HORSE CREEK PARTNERS, LTD. ALAN SCHIFI~IAN (Reg. Agent) 1166 Dimock La. Naplea, FL 34110 DATE: LIEN NUMBER: REF. INV.# ?437 FOLIO #: 0065274880004 LEGA~ DESCRIPTION: The property located at 260 Old Tamian~ Tr., Naples, Florida, more gpeciflcally described as: Palm River Est. Unit 2 Lot 860 OR 508 PG 127 thereof recorded in Public Records of Collier County, Florida You, a~ the owner(s) of the propc~ above-described, as recorded in the records maintained by the office of the Prope~ Appraiaer, arc hereby advised that the Code Enforcement Director, did dek-xmme a public nuisance existed, and constituted a violation of county regulations on September 24, 2003, and ordered the abatement ora certain nuisance exi~mg on thc above lnopcrty prohibited by Ordinance No_ 99-51, as amended and served a not:ce o/' ~olation upon you. The nuisance is: WEEDS: ACCL.%IULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (Il0 INCHES. You have failed to tmaely abate such nuisance; whereupon, it was abated by the expenditure of pub[/c funds at a direct cost of lqFl Y-FIVE ($55.00) DOLLARS and an adm/nistrative cost of Two-Hundred ($200.041) dollars for a total of TWO-HUNDRED FIFFY- FIVE DOLLARS ($255.00). Such cost, by Rcsolut/on of the Board of County Commissioners of Col[ia' County, FlOrida. shall become a lien on your property when recorded after approval by thc Boaxd. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT EN A LIEN AGAINST ALL OF YOUR PROPERTY LN COLLIER COUNTY. Agenda Item No.16A6 April 27th, 2004 Page 26 of 26 EXECUTIVE SUMMARY Approval of the Satisfaction of Liens for Code Enforcement Board Case No. 2003- 050, 2003-049, 2003.007, 2003-025, 2003-046, 2003-029 and 2002-033. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board in the following cases listed below: 1. 2003-050 styled 2 2003-049 styled 3. 2003-007 styled 4. 2003-025 5. 2003-046 6. 2003-029 7. 2002-033 Board of County Commissioners vs. Aljo Inc Board of County Commisioners vs. Aljo Inc. Board of County Commissioners vs. Robert Chipman styled Board of County Commissioners vs. Robert Chipman styled Board of County Commissioner vs. Kautsky styled Board of County Commissioners vs. Weber styled Board of County Commissioners vs. Davidson CONSIDERATION: 1. 2003-050; On November 13, 2003, a public hearing was heard before the Code Enforcement Board regarding violation of Section 5, Sub~ctions 1, 4, 8, 9, 12c, 12i, 12k 12p and 16c of Ordinance No. 89-06 as amended and Section 17 of Ordinance No. 2002- 05. An Order Imposing Fine/Lien in the amount of One Thousand Fifty Four Dollars ($1054.00) for the operational costs incurred in this case was approved by the Code Enforcement Board on January 27, 2004. The violation was abated before the fines began to accrue. Said Certified copy of the Lien was recorded in Official Record Book 3495 Page 0773, et seq in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of November 26, 2003 indicating compliance with the Order of the Code Enforcement Board. On February 23, 2004 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 2. 2003-049; On November 13, 2003, a public hearing was heard before the Code Enforcement Board regarding violation of Section 5, Subsections 1, 12i, 12o, 12p and 16c of Ordinance No. 89-06 as amended and Section 17 of Ordinance No. 2002-05. An Order Imposing Fine/Lien in the amount of One Thousand Thirty Four Dollars ($1034.00) for the operational costs incurred in this case was approved by the Code Enforcement Board on January 27, 2004. The violation was abated before the fines began to accrue. Said Certified copy of the Lien was recorded in Official Record Book 3495 Page 0767, et seq in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of November 26, 2003 indicating compliance Agenda Item No. 16A7 April 27th, 2004 Page I of 11 with the Order of the Code Enforcement Board. On February 23, 2004 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 3. 2003-007; On July 24, 2003 a public hearing was heard before the Code Enforcement Board regarding violation of Sections 1.5.6 and 2.1.15 Of Ordinance No. 91- 102, as amended and codified the Collier County Land Development Code. An Order Imposing Fine/Lien in the amount of Four Hundred Eighty Dollars and Fifty Cents ($480.50) for operational costs incurred in this case. The violation was abated before th(,' fines began to accrue. Said certified copy of thc Lien was recorded in Official Record Book 3436 Page 0889, et seq in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of September 15, 2003 indicating compliance with the Order of the Code Enforcement Board. On February 26, 2004 the lien :tmount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 4. 2003-025; On July 24, 2003 a public hearing was heard before the Code Enf~rcement Board regarding violation of Sections 1.5.6 and 2.1.15 of Ordinance No. 91- 102, as amended and codified the Collier County Land Development Code. An Order Imposing Fine/Lien in the amount of Three Hundred Fifty Five Dollars and Fifty Cents ($355.50) for operational costs incurred in this case. The violation was abated before the fines began to accrue. Said certified copy of the Lien was recorded in Official Record Book 3436 Page 0886, et seq in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of September 15, 2003 indicating compliance with the Order of the Code Enforcement Board. On February 26, 2004 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 5. 2003-046; On December 11, 2003 a public hearing was heard before the Code Enforcement Board regarding violation of Section 2.5.7.30 of Ordinance No. 91-102, as amended and codified the Collier County Land Development Code. An Order Imposing Fine/Lien in the amount of One Thousand One Hundred Forty Seven Dollars and Twenty Five Cents ($1147.25) for operational costs incurred in this case. The violation was abated before thc fines began to accrue. Said certified copy of thc Lien was recorded in Official Record Book 3495 Page 0793, et seq in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed beating the date of December 18, 2003 indicating compliance with the Order of the Code Enforcement Board. On February 6, 2004 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. Agenda Item No. 16A7 April 27th, 2004 Page 2 of 11 6. 2003-029; On August 28, 2003 a public heating was heard before the Code Enforcement Board regarding violation of Section 2.7.6.1 and 2.7.6.5 of Ordinance No. 91-102, as amended and codified the Collier County Land Development Code. An Order Imposing Fine/Lien in the amount of Six Hundred Seventy Three Dollars and Seventy Five Cents ($673.75) for operational costs incurred in this case. The violation was abated before the fines began to accrue. Said certified copy of the Lien was recorded in Official Record Book 3420 Page 1732, et seq in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of September 9, 2003 indicating compliance with the Order of the Code Enforcement Board. On February 15, 2004 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 7. 2002-033: On November 18, 2002 a public hearing was heard before the Code Enforcement Board regarding violation of Section 1.5.6 of Ordinance No. 91-102, as amended and codified the County Land Development Code. An Order Imposing Fine/Lien in the amount of Twenty Eight Thousand Eight Hundred and Fifty Two Dollars and Eighty Five Cents ($28,852.85) for fines and operational costs incurred in this case. Said certified copy of the Lien was recorded in Official Record Book 3208 Page 2211, et seq in the Public Records of Collier County Florida. On January 23, 2003, an order on Respondent's Request t~)r Reduction of FinesILiens in the amount of Eight Hundred Fifty Two Dollars and Eighty Five Cents ($852.85) for the operational costs incurred in the prosecution of this case and recorded in Official Record Book 3208 Page 3101, et seq in the Public Records of Collier County Florida. Thc Code Enforcement Board waived the fines imposed and only imposed operational costs. An Affidavit of Compliance has been filed bearing the date of February 13, 2003 indicating compliance with the Order of the Code Enforcement Board. On February 1, 2004 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Forty Two Dollars ($42.00) (7 satisfactions at ()ne page each @ $6.00 for t~st page). This cost will be paid by Code Enforcement i 11-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Liens in the above referenced causes and authorize their execution and recordation in the Public Records of Collier County, Florida. Agenda Item No. 16A7 April 27th, 2004 Page 3 of 11 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A7 Approval of the Satisfaction of Liens for Code Enforcement Board Case No. 2003-050, 2003-049, 2003-007, 2003-025, 2003-046, 2003-029 and 2002-033. 4/27/2004 9:00:00 AM Prepared By Shanelle Hilton Community Development & Environmental Services Administrative Secretary Code Enforcement Approved By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement Director Code Enforcement Date 4/1312004 4:43 PM Approved By Janet Powers Community Development & Environmental Services Operations Manager Code Enforcement Date 411412004 1:28 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/15/2004 2:07 PM Approved By Shanelle Hilton Community Development & Environmental Services Administrative Secretary Code Enforcement Date 4/16/2004 10:37 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/16/2004 8:48 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4~1912004 2:46 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/19/2004 3:24 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office D ate 4/19/2004 4:13 PM Agenda Item No. 16A7 April 27th, 2004 Page 4 of 11 Janel Powers, Opemlions Ma~.ag~r Code F~ forcement 2800 N Honsc3hoc IDfivc Naplcs. Florida 34] 12 ~239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of One Thousand Thirty Four Dollars ($1,034.00), arising out of the Code Enforcement Board Order Imposing Fine/Lien dated January 27, 2004, a certified copy recorded in O.R. Book 3495, Page 0767, et seq. of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Aljo Inc. has been satisfied in full. 309 Cereus Drive, Naples Florida, a condominium unit more particularly described as Unit No. C-5, Phase L of Diamond Shores, f/k/a Woodlake, a Condominium, as re, corded in Condominium Book 26 at Page 98 of the Public Records of Collier County, Florida. Folio No. 2~875101747 The undersigned is authoriz~xt to and does hereby release this lien az to the whole of the above-described real property, and all other real and personal property owned by Aljo Inc., and consents to this lien being discharged of record. Dated this day of 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONE. RS COl J .II~R COUNTY, FLORIDA · Deputy Clerk By: DONNA FIALA, CI-La, IRMAN Ap~ove, j~ to form leffr~y A{ Klatzkow Assi~anl~ 2Ounty Attorney Agenda Item No. 16A7 April 27th, 2004 Page 5 of 11 This mscnune~ prepared (~9) SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of One Thousand Fifty Four DoRm's ($1,054.00), arising out of the Code Enforcement Board Order Imposing Fine/Lien daled January 27, 2004, a certified copy recorded in O.R. Book 3495, Page 0773, et seq. of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier Counry, which is owned by Aljo Inc. has been satisfied in full. 602 Finch Drive, Naples Florida, a condominium unit mom particularly described as Unit No. F-2, Phase !I, of Diamond Shores, f/k/a Wood, lake, a Condominium, as recorded in Condominium Book 26 at Page 98 of the Public Records of Collier County, Florida. Fo~o No. 2~875103061 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described rea[ property, and all other real and personal property owned by Aljo Inc., and consents to this lien being discharged of record. Dated this day of _ 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COL~NTY COMMISSIONERS CO[J JER COUNTY, FLORIDA · Deputy Clerk By: DONNA FIALA, CHAIRMAN Assis~tnt] unty Attorney Agenda Item No. 16A7 April 27th, 2004 Page 6 of 11 Th~s insLmment prepared by: J~el Powera, Operations Manager Code Enforoc:ment 2800 N. Horseshoe l~ve Naples. Honda 34112 (239) a03-2440 SATISFACTION OF LIEN This is to certify that the clatm of lien m the sum of Three Hundred Fifty Five Dollars and Fifty Cents ($355.50), arising out of the Code Enforcement Board Order Imposing Fine/Lien dated October 30, 2003, a certified copy recorded in O.R. Book 3436, Page 0886, et seq. of the Public Records of Collie~ County, Florida. against the following described real property, and ail other real and personal property, located in Colher County, which is owned by Robert Chipman has been satisfied in full The property located at 56 Clary Ct., Plantation Island, Collier County, Florida, more particularly deSCribed as Lot 59, Plantation Island, described in a Quit Claim Deed recorded at OR Book 3200, Page 2163. Official Records of Collier County, Florida Folio Numl~r:. 01205680004 The undersigned is authorized to and does hereby release this lien a~ to the whole of the above-described real property, and all other real and personal property owned by Robert Chipman and consents to this lien being discharged of record. Dated this __ day of 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: DONNA FIALA, CHAIRMAN App~vfdt to form and~ 5cien___cy:, Jeffr~A.I :~kow AssistantI ,unty Attorney Agenda Item No. 16A7 April 27th, 2004 Page 7 of 11 TI~ instrument prepan=d by: Janet Powers, Operations Manager Code Enfo~cellaent 2~00 N. Horseshoe Ewiv~ Naples, Florida 34! 12 (239'14O3-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Four Hundred Eighty Dollars and Fifty Cents ($480.50), arising out of the Code Enforcement Board Order Imposing Fine/Lien dated October 30, 2003, a certified copy recorded in O.R. Book 3436, Page 0889, et seq. of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Robert Chipman has been satisfied m full. The property located at 59 Clary Ct., Plantation Island, Collier County, Florida, more pvaxicularly described as Lot 59, PlantaUon Lsland, described in a Quit Claim Deed recorded at OR Book 3200, Page 2163, Official Records of Collier County, Florida Folio Numl:~r: 01211680001 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and ali other real and personal property owned by Robert Chipman and consents to this lien being discharged of record Dated this day of 2004. ATTEST: DWIGl-rr E. BROCK, Clerk BO,.MRD OF COL'NTY COMMISSIONERS COLLIER COUNTY, FLORIDA · Deputy Clerk By: DONNA FIALA, CHAIRMAN and e~ier~cy; Assistant ~unty Attorney Agenda Item No. 16A7 April 27th, 2004 Page 8 of 11 SATISFACTION OF LIEN This is to certify that the claim of lien in thc sum of Twenty Eight Thousand, Eight Hundred Fifty Two Dollars and Eighty Five Cents ($28,852.85) arising out of the Code Enforcement Board Order Imposing Fine/Lien dated January 28, 2003, and modified by Code Enforcement Board Order on Respondent's Request for Waiver of Fine/Lien dated January 23, 2003, waiving the fines but continuing the Order for operational costs in the amount of Eight Hundred Fifty Two Dollars and Eighty Five Cents ($852.85), recorded in O.R. Book 3208, Page 3101 et seq., of the Public Records of Collier County, Florida, against the following described real property, and all mai and personal property, located in Collier County, owned by Gerald K. Davidson, has been satisfied in full. The real property loccted at 2181 Platt Road, Naples, Florida, described as the West ½ of the Northeast ¼ of the Northwest ¼ of the Southeast V4 of Section 25, Township 47.Somh, Range 27 East, Collier Count),, Florida, less the South 30 feet thereof reserved for road purposes. Folio No. O0104440003 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all real and personal property owned by Gerald K. Davidson, and consents to this lien being discharged of record. Dated this _ day of ,2004. ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: DONNA FIALA, Chairman Ad~roye Jeffr~ A Llat~ow Assis~hnl unty Attorney Agenda Item No. 16A7 April 27th, 2004 Page 9 of 11 Th~s mslrumem prmp~c,.t by: la.net Powers, Op~ations Managcr Code 2g00 N. Horseshoe Drive Naples, Florida 3~112 (239) 403-~ SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of One Thousand One Hundred Forty Seven Dollars and Twenty Five Cents ($1,147.25), arising out of the Code Enforcement Board Order Imposing Fine/Lien dated January 27, 2004, a certified copy recmded in O.R. Book 3495, Page 0794, et seq. of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Norman E. and Patricia Kautsky, Trust has been satisfied in full. The property located at 9517 Tamiami Trail N, more specifically described as: Naples Park Unit 5, Block 60, Lots 7-12, as per Plat thereof recorded in Plat Book 3, Page 14, Public Records of Collier County, Florida. Folio Nurnl:~r: 62768920004- The undersigned is authorized to and does hereby release this lien as to thc whole of the above-described real property, and all other real and personal property owned by Norman E. and Patricia Kautsky, Trust and consents to this lien being discharged of record. Dated this day of 2004. ATrF__.~T: DWIGHT E. BROCK, Clerk BOARD OF COUNTY CO.VfiMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk ~nd g,~ ~o ro~m Jeffre~J A. j '~OW Assist~tnt q mty Attorney By: DONNA FIALA, CHAIRMAN Agenda Item No. 16A7 April 27th, 2004 Page 10 of 11 This im~lrument prepared by,: ]am:t Power, Op~ratiom Manager Code Eaforc~nen! 2800 N. Horseshoe Dhve Naples, Florida 341 i2 {Z39} 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Six Hundred and Seventy Three Dollars and Seventy Five Cents ($673.75), arising out of the Code Enfomement Board Order Imposing Fine/Lien dated October 1, 2003, a certified copy recorded in O.R. Book 3420, Page 1732, et seq. of the Public Records of Collier County, Florida, against the folloxving described real property, and all other real and personal property, located in Collier County, which is owned by Carl E. and Linda M. Weber has been satisfied in full. Lot 23, Bock Q, Unit No. 2, Conner's Vanderbilt Beach Estates, according to the plat thereof, recorded in Plat Book 3, Page 17, Public Records of Collier County,, Florida Folio Number: 27589~20000 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Carl E and Linda M Weber, Trust and consents to this lien being discharged of record. Dated this __ day of ,2004. AIl'EST: DWIGHT E. BROCK, Clerk BO,'uRD OF COUNTY COb&MISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: DONNA FIALA, CHAIRMAN Appt~ve/l ~ to form Assista~tt C~mty Attorney Agenda Item No. 16A7 April 27th, 2004 Page 11 of 11 EXECUTIVE SUMMARY Request to approve for recording the final plat of "Mission Hills Shopping Center", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Mission Hills Shopping Center", a subdivision of lands located in Section 34 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: E~.qir~eering Review Section has completed the review of the construction drawings, specifications, and final Plat of "Mission Hills Shopping Center". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Review Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. This project is a 9 Lot commercial subdivision being developed at the Northwest corner of County Road 951 and Vanderbilt Beach Road. Engineering Review Section recommends that the final plat of "Mission Hills Shopping Center" be approved for recording. FISCAL IMPACT: The project cost is $917,423.04 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $254,891.00 b) Drainage, Paving, Grading - $662,532.04 The Security amount, equal to 110% of the project cost, is $1,009,1 65.40 Agenda Item No. 16A8 April 27th, 2004 Page 1 of 5 Executive Summary Mission Hills Shopping Center Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $28,842.69 Fees are based on a construction estimate of $917,423.04 and were paid in March, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac)-$1,320.00 b) Construction Drawing Review Fee Water & Sewer (.75% const, est.) Drainage, Paving, Grading (.75% const, est.) c) Construction Inspection Fee Water & Sewer (2.25% const, est.) d) Drainage, Paving, Grading(2.25%const.est.) - $1,911.68 - $ 4,968.99 - $ 5,735.05 - $14,906.97 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the final. approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Mission Hills Shopping Center" for recording with the following stipulations Agenda Item No. 16A8 April 27th, 2004 Page 2 of 5 Executive Summary Mission Hills Shopping Center Page 3 Approve the amount of $1,009,165.40 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. Approve the standard form Construction and Maintenance Agreement, and That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Review Services Director and the County Attorney's office. Agenda Item No. 16A8 April 27th, 2004 Page 3 of 5 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A8 Request to approve for recording the final plat of "Mission Hills Shopping Center", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security 4/27/2004 9:00:00 AM Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Engineering Services Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services Director CDES Engineering Services Date 4115/2004 4:18 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/1612004 8:46 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/19/2004 2:43 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/19/2004 4:16 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/19/2004 4:33 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/19/2004 4:42 PM Agenda Item No. 16A8 April 27th, 2004 Page 4 of 5 LOCATION MAP ! IGGE U2 SITE 3:2 ,..April 27th, 2004 M A I" Page 5 of 5 EXECUTIVE SUMMARY That the Board of County Commissioners of Collier County, Florida, accept $1,500.00 as satisfaction for a second mortgage, and execute a satisfaction of mortgage. OBJECTIVE: That the Board of County Commissioners execute the attached Satisfaction of Mortgage and accept $1,500.00 as full satisfaction of a Second Mortgage given to the County by Baudillo DeLeon and Lucila Funcz, which Mortgage is recorded at Official Records Book 2683, Page 3065, of the Public Records of Collier County, Florida. CONSIDERATIONS: Attached is a letter dated February 17, 2004 from Attomey's Title Insurance Fund, Inc. (Attorney's Title), advising that Collier County holds a Second Mortgage on property that has been foreclosed. Attorney's Title inadvertently failed to notify Plaintiff, the holder of the first mortgage, that Collier County holds this Second Mortgage. As a result, Collier County was not included as a party to the foreclosure case. Judgment was rendered in the case and a Certificate of Title was issued to Plaintiff, Countrywide Home Loans, Inc. Subsequently, Countrywide Home Loans, Inc. conveyed the property, without payment, to the Secretary of Housing and Urban Development. The County's Second Mortgage, with a face value of $5,000.00, remains on the property now conveyed to the Secretary of Housing and Urban Development. This Second Mortgage is clouding the title to the property. To remove this cloud on the title, Attorney's Title is asking that Collier County accept $1,500.00 as full satisfaction of this Second Mortgage, and that Collier County execute the attached Satisfaction of Mortgage. Had Collier County been named a defendant in the foreclosure case, the County's Second Mortgage would have been extinguished and the County would have received no compensation. FISCAL IMPACT: Receipt of $1,500.00 less a recording fee of $6.00 plus $2.00 for a certified copy. A total of $8.00 shall be charged to Finance Administration and Housing Account Number 191-138785-651210 for Project 442011. Net receipt of funds: $1,492.00. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners of Collier County accept $1,500.00 as satisfaction of its Second Mortgage and authorize Chairman Fiala to execute the attached Satisfaction of Mortgage. Agenda Item No. 16A9 April 27th, 2004 Page 1 of 8 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A9 That the Board of County Commissioners of Collier County, Florida, accept $1,500.00 as satisfaction for a second mortgage, and execute a satisfaction of mortgage. 4/27/2004 9:00:00 AM Prepared By Cormac Giblin Community Development & Environmental Services Housing Development Manager Financial Admin. & Housing Approved By Thomas Palmer County Manager's Office Assistant County Attorney County Attorney Office Date 4116/2004 12:42 PM Appro~'ed By Cormac Giblin Community Development & Environmental Services Housing Development Manager Financial Admin. & Housing Date 4/16/2004 12:10 PM Approved By Denton Baker Community Development & Environmental Services Financial Admin & Housing Director Financial Admin. & Housing Date 4t1912004 2:31 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/19/2004 2:38 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/2012004 8:36 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/20/2004 10:46 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/2012004 3:29 PM Agenda Item No. 16A9 April 27th, 2004 Page 2 of 8 THIS I~fRUMENT PREP 4RED BY& RETURN TO: NAME: COLLIER (. 'OUNTY , C/O COLLIER ( 'OUNTY A TIORNEY'S OFFICE ADDP, E~:' 3301 EANT TAMIAMI TRAIL NAPI. EV, F~ORIDA 34112 PARCEL LD. # 3554032~008 BA UDJ LLO DELEON LUCIL 4 FUNEZ SPA{~i: ABOVE THIS L NE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA SATISFACI'ZON OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That Collier County, ~ political subdivision of the State of Florida, the owrer and holder of a certain Second Mortgage executed by Baudillo DeLeon a/k/a B.~uldilio De Leon a/k/a Baucilio De Leon and Lucila Funez to Collier Co. unty, recorded June 7, 2000 in Official Records Book 2683, Page 3065, of the Public Records of Collier County, Florida, securing that certain note in the principal sum Df Five Thousand Dollars, .~nd certain promises and obligations set forth in said mortgage note, upoH the following described property, situate and being in said County and State, to wit: Lots 15 and 16, GLENNDALE SUBDIVISION, according to the plat thereof, recorded in Plat Book 2, page 102, Public Records of Collier County, Florida hereby acknowledges 'full satisfaction of said Second Mortgage, and surrenders the same as cancele:l, and hereby directs the Clerk of the Circuit Court of Collier County to cancel the same of record. DATED this__ da~, of ,2004. A'FFEST: DWIGHT E. BROCK, .=lerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk DONNA FLALA, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney Agenda Item No. 16A9 April 27th, 2004 Page 3 of 8 ATTORNEYS' TITLE INSURANCE FUND, INC. February 17, 2004 David Weigel Collier C, ounty Attorney 3301 Tamiami Trail East Naples, Florida 34112..4961 Re: Fund Claim No 15435 Dear Mr. Weigel: We represent the cmxent owner of the property located at 111 White Way, Imrr okalee, Florida 34142. A copy of the second mortgage in favor of the counW is enclosed lbr your reference:. Inadvertently, the Cot nty's mortgage was recorded before the mortgage to om' client, Countrywide. The Cot~nty's mortgage was intended to be a second mortgage and recites "Second Mortgage" on the first page of the document. A recent foreclosure of the Countrywide mortgage failed to include Collier Comtty as a party defendant. I ht,ve enclosed a copy of the Certificate of Title evidencing the foreclosure. We would like to offer the County $1,500 in satisfaction of the subject mortgage. Please review your file for the matter and let us know if the County is willing to accept our offer. TI~ m,~k you fcr your consideration. If you have any questio is, please do not hesitate to contact me. ~l Mark S. Itarden (~~_~/~ J~'~ Legal Assistant, Claims Department MSH:ds Enclosures ~ s~,lm Agenda Item No. 16A9 Anrik27th, 2004 P.o. Ilex 628600 · Orl,.~do, ~I. 32862-,8600 · (407) 240-3863 · (800) 4,32-9594 - 1AX (407) 8,~J'~ 4 of 8 i mmmm m mm m qm m~ m. mm qm m~ mm mmm imm m. m mmm e m Mm m M Agenda Item No. 16A9 April 27th, 2004 Page 5 of 8 OR: 2683 PG: 3066 Agenda Item No. 16A9 April 27th, 2004 Page 6 of 8 Agenda Item No. 16A9 April 27th, 2004 Page 7 of 8 IN THE CIRCUIT COURT OF THE TWENT~/UDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COUNTRYWIDE HOME LOANS, INC. Plaintiff Vs. CASE NO. 02-5121-CA-01 BAULDILIO DE LEON A/K/A BAUDILIO DE LEON, IF LIVING, AND IF DEAD, THE [fNKNOWN SPOUSE, HEIRS,'DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITO.:L.q, TRUSTEES AN]) ALL OTHER PARTt{;S CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST BAULDILIO DE LEON AYK,'A BAUDILIO DE LEON'; LUCILA FUNEZ., IF LIVING, ~ IF DEAD, THE UNKNOWN SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS. CREDITORS, TRUSTEES AND ALL OTHER PARTIES CLAn'MING AN INTEREST BY, THROUGH, IJNDER OR AGAINST LUCILA FUNEZ; J'OI-[N DOE AN]) JANE DOE AS UNKNO~ TENANTS IN POSSESSION, Defendant ..... CONSIDERATION $100.00 (FROM DR-219) NOTE: Pursuant to Florida Administrative Code 12B-4.013 (3) documentary tax is to be computed ou the mount of consideration paid, which includes any mortgages or lienm-that aru not removed from the foreclosed property. CERTIFICATE OF TITLE, The undersigned, DWIGHT E. BROCK, Clerk of the Circuit Court, certified that he executed and filed a Certificate of Sale in this action on Sune 23, 2003, for the property described herein, and that no objections to the sale have been filed within the time allowed for filing objections. The following property in Collier County, Florida: LOTS 15 AND 16, GLENNDALE SUBDIVISION, ACCORDING TO THE PLAT THEREOF IN PLAT {:,0OK 2, PAGE 102 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. was sold to COUNTRYWIDE HOME LOANS, INC. ~ 7105 CORPORATE D{~JVE, MAIL STOP PTX-B-35, PLANO, TEXAS 7502~ Bid Amount:$100.00 WIT~ESS my hand ar~t seal of the court on July 7, 2003. Agenda Rem)No. 16A~ April 27th, 2004 Page 8 of 8 EXECUTIVE SUMMARY Lien Resolutions-Code Enforcement Case Numbers: 2003110863fBenjamson, Martin I. & Lillian E., 2003100815fDion, Cheryl L., 2003081437/Endres, John D., 2003110659/Glover, Lizzie H., 2003101236/ GIover, Lizzie H., 2004010316/Gomez, Jesus, 2003090838/Gray Est., Charlie Mae-Underwood, Willie J. Underwoood Est., 2003120081/La Rue, Claude E., 2003101195/Melendez, Miranda, 2002060752/Springs, Matthew J. & Paula A. OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The fi)llowing property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation detemfined 11/21/03 b. Notice of Violation served n/a 2003110863 Benjamson, Martin I. & c. Notice of Violation Posted 11/24/03 $255.00 Lillian E. d. Unabated nuisance verified 12/08/03 e. Nuisance abatcd with public funds 12/10/03 f. Owner invoiced for costs 12/22/03 a. Violation determined 10/16/03 b. Notice of Violation served n/a 2003100815 Dion, Cheryl L. c. Notice of Violation Posted l 0/16/03 $255.00 d. Unabated nuisance verified 10/27/03 e. Nuisance abated with public funds 11/14/03 f. Owner invoiced for costs 11/17/03 a. Violation determined 08/29/03 b. Notice of Violation served n/a 2003081437 Endres, John D., c. Notice of Violation Posted 08/29/03 $255.00 Id. Unabated nuisance verified 09/09/03 e. Nuisance abated with public funds 10/23/03 f. Owner invoiced for costs 11/10/03 Agenda Item No. 16A10 April 27th, 2004 Page 1 of 24 ~ a. Violation determined 11/18/03 b. Notice of Violation served undeliverable 2003110659 Glover, Lizzie H. c. Notice of Violation Posted 11/19/03 $590.00 d. Unabated nuisance verified 12/01/03 e. Nuisance abated with public funds 12115/03 f. Owner invoiced for costs 12/22/03 a. Violation determined 10/24/03 b. Notice of Violation served n/a 2003101236 Glover, Lizzie H. c. Notice of Violation Posted 10/24/03 $255.00 d. Unabated nuisance verified 12/01/03 e. Nuisance abated with public funds 12/05/03 f. Owner invoiced for costs 12/15/03 -- a. Violation determined 01/08/04 b. Notice of Violation served n/a 2004010316 Gomez, Jesus c. Notice of Violation Posted 01/08/04 $255.00 d. Unabated nuisance verified 01/20/04 e. Nuisance abated with public funds 01/26/04 f. Owner invoiced for costs 02/24/04 a. Violation determined 09/22/03 b. Notice of Violation served n/a 2(X)3090838 Gray Est., Charlie Mae c. Notice of Violation Posted 09/22/03 $350.00 Willie J. Underwood Est. d. Unabated nuisance verified 10/03/03 e. Nuisance abated with public funds 10/24/03 f. Owner invoiced 1hr costs 11/05/03 , a. Violation detemfined 12/02/03 b. Notice of Violation served n/a 2003120081 La Rue, Claude E. c. Notice of Violation Posted 12/02/03 $255.1.)0 d. Unabated nuisance verified 12/15/03 e. Nuimnce abated with public funds 12/19/03 f. Owner invoiced for costs 12/29/03 - a. Violation determined 10/20/03 b. Notice of Violation served n/a 2003101195 Melendez, Miranda c. Notice of Violation Posted 10/24/03 $255.00 d. Unabated nuisance verified 11/05/03 e. Nuisance abated with public funds 11/13/03 f. Owner invoiced for costs 11/19/03 a. Violation determined 09/25/03 b. Notice of Violation served n/a 2003100052 Springs, Matthew J. & c. Notice of Violation Posted 10/01/03 $255.00 d. Unabated nuisance verified 10/13/03 Paula A. e. Nuisance abated with public funds 10/23/03 l f' Owner invoiced for costs 11/10/03 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. Agenda Item No. 16A10 April 27th, 2004 Page 2 of 24 FIS~7'AL IMPACT: A total reimbursement of $2,980.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is d-,,c cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $125.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the C,'~u~ty' s Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. Agenda Item No. 16A10 April 27th, 2004 Page 3 of 24 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A10 LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS: 2003110863/ Benjamson, Martin I. & Lillian E., 2003100815/Dion, Cheryl L., 2003081437/ Endres, John D., 2003110659/Clover, Lizzie H., 2003101236/Clover, Lizzie H., 2004010316/Gomez, Jesus, 2003090838/Gray Est., Chadie Mae-Underwood, Willie J. Underwoood Est., 2003120081/La Rue, Claude E., 2003101195/ Melendez, Miranda, 2002060752/Springs, Matthew J. & Paula A. 4/27/2004 9:00:00 AM Prepared By Shanelle Hilton Community Development & Environmental Services Administrative Secretary Code Enforcement Approved By Janet Powers Community Development & Environmental Services Operations Manager Code Enforcement Date 4/14/2004 1:32 PM Approved By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement Director Code Enforcement Date 4115~2004 9:25 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/15/2004 10:30 AM Approved By Shanelle Hilton Community Development & Environmental Services Administrative Secretary Code Enforcement Date 4/16/2004 10:38 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/1612004 9:01 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/1912004 10:22 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/19/2004 11:40 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/1912004 1:56 PM Agenda Item No. 16A10 April 27th, 2004 Page 4 of 24 RESOLL~fION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDD4ANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administxafive cost incurred by the County, shall be assessed again.st such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported lo the Board of County Conm~ssioners, together with a description of said palcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the properly against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) day$ of the date of the Legal Notice of .assessment and interest shall accrue on the unpaid balance beginning on the date tins Resolution is recorded at the rale of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN'I'Y, FLORIDA, that lot 13 of the property described a~ follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: BENJAMSON, MARTIN L & LILLL4N E. LEGAL DESCRIPTION: Lot 13 Block 224, Unit 6 Part 1, Golden Gate, according t~ the Plat thereof recorded in Plat Book 9, Page 4, of the Public Records of Collier County, Florida. COST:$255.04} REFERENCE#: 2481 FOLIO g:. 36385240009 The County shall (by regular U.S. mail) mall a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described properW. If within twemy (20) days of the date of mailing that copy, the owner fails to deliver pa:,wnent in full to Collier Count, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and to the extent allowed by law, shall also be a lien upon ail other real and/or personal property ov,~ed by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COIvfiVIISSIONERS COLI.IER COL'NTT, FLOR.IDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: e, Thomas C. Palmer, Y[ssnst~ant CourtW Attorney Donna Fiala, Chairman Agenda Item No. 16A10 April 27th, 2004 Page 5 of 24 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BEN JAMS#N, .MARTIN 1. & LILLIAN E. 6300 York Ay S #208 Edin~, Mn. 55435 DATE: lIEF. INV.# 2481 FOLIO #: 36385240009 LIEN NUMBER: LEG/kL DESCR.WFION: Lot 13 Block 224, Unit 6 Part I, Golden Gate, according to the Plat thereof recorded in Plat B~ok 9, Page 4, of the public Records of Collier County, Florida. You. as the owner(s) of thc property above-described, as recorded in the records maintained by the office of the Property Appraise, axe hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 13, and constituted a violation of county regulations on December 8, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Orclin~.nce No. 99-51, as mended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INClI]~S. You have failed to timely abate such nuSsance; whereupon, it was abated by the expenditure of public fi~nds at a direct co~t of HFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-llundred ($200.00) dollam for a total of TWO-HUNDRED FIFTY- FIVE ($255.00} DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County., Florida, shall become a lien on your property when recorded after approval by thc Board. FAILURE TO TIMF_~Y PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. Agenda Item No. 16A10 April 27th, 2004 Page 6 of 24 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COIVEMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC ,NUISANCE, IN ACCORDANCE WITH ORDE'q'ANCE No. 99-51, AS SUCCESSOR TO ORDINANCE Ne. 91-47, AS AMENDED WHEREAS, as pro'tided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as mended, the direct ms'ts of abatement of certmn nuisances, including prescribed adminisU'ative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to thc County as to each parcel shall be calculated and reported to the Boanl of County Commissioners, together with a desc~ptaon of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; end WHEREAS, the assessmmt shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance begjrmmg on the date this Resolution ls recorded at the rote of twelve percent (12%) per annam. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COL~NTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, haVing been abated of a pubhc nuisance after due and proper notice thereof to the ow~w(s) of said property, is hereby assessed the following costs of~ch abatement, to wit: NA.ME: DION, CFIERYL L. LEGAL DESCRIPTION: Unit 41, West ~'tnd Mobile Home Estates. a Condominium, according to the Declaration of Condominium thereof recorded in official record book 630 at page~ 1883 to 1932, inclusb,'e, of the Pabllc Records of Collier County, Florida COST: $255.00 2455 FOLIO #: 81621640004 The County. shall (by regular U.S. mml) mail a copy of this Rcsolu~on along with the Notice of Assessment of Lien to the own~s) of the above-desCribed property. If within v, venty (20) days of the date of mailing teat copy, the owner falls to deliver payment in full to Collier CounW, the Resolution and Notice of Assessment shall be recorded in the official xecords of Collier County, and to the extent allowed by ]aw, shall also be a lien upon all other real and/or personal property ov,'ned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Coliier County, Florida, this __. day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLDER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency. Thomas C. l~h:ner, ~[~sistant County Attorney Donna Fiala, Chairman Agenda Item No. 16A10 April 27th, 2004 Page 7 of 24 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMI~NT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DION, CHERYL L. 101 Graasy Key Ln. Napltn, Fl. ~4112-8403 DAT~: REF. INV.# 2455 FOLIO #: 816216400~14 LIEN NUMBER: LEGAL DESCRIFYION: Unit 41, West W~d Mobile Home Es~ a Condo~ium, accor~g to the Decimation of Condo~ium ~er~f re~rded ~ offi~ record ~ok ~0 at pages 18~ to 1932, ~ of ~e ~bHc Reco~ of Co~r CounW, Flo~da Yo~ ~ ~e o~s) of ~e p~y abov~b~, ~ reco~d & ~e r~or~ m~tmn~ by ~e office of ~e ~ A~s~, ~ h~cby ~ ~at ~e Code Enfo~t Dir~r, did d~emnc a public n~ce exi~M, ~d ~n~i~t~ a holloa ofco~W re~lafio~ on Octo~r 27, 2003, ~d ord~ed ~e ~at~mt of a c~m nms~ce cxi~g on ~c ~ove prop~y pm~ited by ~ce No. 99-51, ~ ~d~ ~d sen'ed a nofi~ of ~olafion ~n you. ~c n~ is: ~DS: ACCUMULATION OF ~S, G~SS, OR OT~R NON-P~O~ED You have f~led ~ t~ly abale ~h nuismc~; wher~po~ it w~ ~t~ by the exp~m of puMic ~ al a d~ ~st of ~-~ ($~,00) DOLL.S ~d ~ a~ms~ve ~sl of Tw~H~ed ($200.~) do~l~ for a to~ of ~~ FI~Y- F~ ($255.~) DOLL~. Such cost, by R~i~on of ~e Bo~d oY Counly C~ssion~ of ~ Cowry, ~ofid~ sh~l he.me a ~ on your pro~y w~m r~ord~ a~ a~ov~ by lh~ Bo~d. FAILURE TO ~ PAY THE AMOUNT SPECIFIED IN TInS NOTICE MAY RESULT IN A LIEN AGAE~ST ALL OF YOUR PROPERTY lIN COLLII~g COUNTY. Agenda Item No. 16A10 April 27th, 2004 Page 8 of 24 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THeE COST OF 'DIE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direc~ costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to thc Board of CourtW Commissioners, togethec with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no laI~r than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpa/d balance beginning on the date this Resolution is recorded at the rate of twelve percent { 12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY TH~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot 28 of the propeix~ described as follows, ha',ing been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: ENDRES, JOHN' D. LEGAL DESCRIPTION: Lot 28, Block 10, OF NAPLES PARK SUBDIVISION, Unit 1, according to the Plat thereof recorded in Plat Book 1, at Page 106, of the Public Records of Collier County, Florida said land lying and being in the County of Collier and State of Florida COST: $255.1)0 REFERENCE~; 2453 FOLIO #: 62418880009 The County shah (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Asse, s,smcrtt of Lien to the owner(s) of the above-descnbefl property. If witl~n twenty. (20) days of the date of mailing that copy, the owner fails to dehver payment in full to Collier County, the Resolu~on and Notice of Assessment shall be recorded in the official records of Collier County, and to the extent allowed by law, shall also be a lien upon all other real and;or personal property owned by the noted property owner(s) in Collier County. Tiffs Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUN~[3' COMMISSIONERS COLLIER COL~qTY, FLORIDA BY: BY: D~puty Clerk Donna Fiala, Chairman Approved as to form and legal sufficiency: Thomas ~. Palmer, ~Assis'mm County Attorney Agenda Item No. 16A10 April 27th, 2004 Page 9 of 24 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMF-aNT OF LI~EN E.NDRES, JOHN D. 710 105m Ave N Naples, FL 34108-1842 DATE: REV. INV.# 2453 FOLIOg: 6~418880009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 28, Block 10, OF NAPLES PARK SUBDI~ZlSION, Unit 1, according to the Plat thereof recorded in Plat Book 1, at Page 106, of the Public Records of Collier Connty, Florida said land lying and being in the County of Collier and Stnte of Florida You, as the owne~(s) of thc properly above-described, as reco~ed in thc records maintained by the office of the Property Appraiser, ate hereby advised that the Code Enforcement Director, did detenmne a public nuisance existed on lot 28, and constituted a violation of county regulations on September 9, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: ~,VEEDS: ACCUI~IULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) ENCHES. You have failed to treacly abate such nuisance; whereupon, it was abated by the expenditure of public funds a~ a direct cost of FIFI'Y-FIVE ($55.00) DOLLARS and an administrative cost of Two-Hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your propexty when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COL'NTY. Agenda Item No. 16A10 April 27th, 2004 Page 10 of 24 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY CO/vLMISSIONERS PROVIDING FOR TH]~ ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, .~S AMENDED WI-[EREAS, as provided in Ordinance No. 99-51, as successor to Ordin~ce No. 91-47, as amcndefl, the direct cost~ of abatement of certain nuisances, including prescn'bed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to II~e Board of County COrmmssioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid mad binding obligation upon the property against which made until peid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COU~'TY, FLORIDA, that lot 21 of the property described as follows, having been abated of a public nuisance aier due and proper notice thercof to the owner(s) of said propenT, is hereby assessed the following costs of such abawment, to wit: NAbIE: GLOVER, LIZZIE H. LEGAL DESCRII[Vl[';I[ON: Lot 21 of Block A, in Ge Bondursm subdivision at lmmokalee, Florida, as recorded in ~e P~blle Records of CoUier County, Florida. COST: $590.00 REFERENCE#: 2478 FOLIO #: 24370600006 The County shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above4escxibed property. If within twenty (20) days of the date of totaling that copy, the owner fails to deliver payment in full to Collier County, the Re~otution and Notice of Assessmmt shall be recorded m the official records of Collier County, and to the extent allowed by law, shall also be a lien upon all other real anWor personal property ov,~ed by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clenk Approved as to form &nd legal sufficiency:. Thomas C. Palmer, ~Assislant County Attorney BY: Donna Fiala, Chairman Agenda Item No. 16A10 April 27th, 2004 Page 11 of 24 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GLOVER, LIZZIE H. 318 S 2~a ST lmmokalee, Fi, 34142 DATE: FOLIO #: 243706004)06 LIEN NUblBER: Lot 21 of Block A, in the Bondurant subdivision at lmmokalee, REF. LNV.g 2478 LEGAL DESCRIPTION: Florida, a~ recorded in the Public Re~ords of Collier County, Florida. You, as the owner(a) of the property above-described, as recorded in the records ma~tained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Dire~or, did dcterm~ne a public nuisance existed on lot 21, and constittrted a violation of county regulations on December 5, 2003, and ordered the abatement of a ce~ain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a not-ice of,ioladoa upon you. The nuisance is: LYI'FER: PROHIBITED DLrMPING, ACCU.~IULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You have failed to t~nely abate such nuisance; whereupon, it was abated by the expendittwe of public funds at a direct cost ofTHREE-HUN'DRED NI~ETY ($390.00) DOLLARS and an admmiswative cost of Two-Hundred ($200.00) dolla:s fbr a total of FIVE-HUNDRED NINETY ($.~90.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners o~' Collier County, Florida, shall become a I~en on your property when recorded after approval by ~he Board. FAILURE TO TEV[g~Y PAY THeE AMOUNT SPECIFIED LN THIS NOTICE MAY RESULT IN A LIEN AGALNST ALL OF YOUR PROPERTY IN COLLIER COL'NTY. LIENS/MSTR L.NAL Agenda Item No. 16A10 April 27th, 2004 Page 12 of 24 RESOLUTION NO. 2004- A KESOLLrFION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR TIlE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5 l, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Oxdinance No. 91-47, as mended, the direc~ costs of abatement of con. in nuisances, including pr~cribed adminislrative cost iacurred by the Count-y, shall be assessed against such property;., and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Ass~sment and int~est shall accrue on the unpaid balance be~nning on the date this Resolufon is recorded at the rate of twelve percent (12%) p~r annum. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot 2l of the property described as follows, ha~'ing been abated of a public nuisanc~ alter due and proper notice thereof to tho owner(s) of said property, is hereby assessed the following costs of suc~ abatement, to wit: NAME: GLOVER, LIZZI~ H. LEG.~L DESCRIPTION: Lot 21 of Block A, in the Bondurant subdl~-ision at lmmokalee, Florida, as recorded in the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2474 FOLIO #: 24370600006 The County shall Coy rcguiar U.S. mail) mall a copy of this Resolution along with the Notice of Asse~mcnt of Lien to the owner(s) of the above-described property. If within twenty (20) days of the dale of mailing that copy, the owner fads to deliver payment m full to Collier County, the Resolution and Notice of Assessment shall b~ recorded in the official records of Collier County, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by th~ noted property- owner(s) in Collier Couray. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Depmy Clerk Approved as to form and legal sufficiency. oma~ C. Palm'r, Assistant County Attorney BY: Donna Fiala, Chairman Agenda Item No. 16A10 April 27th, 2004 Page 13 of 24 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE EN~FORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GLOVER, LIZZIE H. 318 S 2'~ ST lmmokalec, Fl, 34142 DATE: FOLIO #: 24370600006 LIEN ,NUMBER: Lot 21 of Block A, i~ the Bondurant subdivision at Immokalee, REF. INV.# 2474 IeEGAL DESCRIPTION: Florida, as reeordmi in the Pnblie Records of Collier County, Florida. You, as the owners} of the property above-described, as recorded m the records maiahaiaed by the office of the ~ Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 21, and constituted a violation of county regulations on December 1, 2003. and ordered the abate~nent of a certain nuisance existi~8 on the above Froperty prohibited by Ordinance No. 99-51, a.s amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECIED OVERGROWTH IN EXCESS OF EIGHTEEN (18} INCHES. You have failcd to timely abate such nuisance; whereupon, it was abated by the expenditure of public iimdz at a direct cost of FIb'TY-FIVE ($55.00) DOLLARS and an administrative cost of Two-Hundred ($200.00) dollars for a total of TWO-HUNDRED FIVE ($255.00) DOLLARS. such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGALNST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIEN.~ M~lk IAqAL Agenda Item No. 16A10 April 27th, 2004 Page 14 of 24 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COIvLMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISA~NCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nmsances, including prescribed administrative cost incurred by the Coumy, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated anal reported to the Board of County Commissioners, togeSJaer with a deschption of said parcel; and WHEREAS, such assessment shall be a legal, valid mad binding obhgataon upon the property a~t~airt~t which made until pnld; and WHEREAS, the assessment shall become due and payable no later tha~ twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO~fMISSIONERS OF COLLIER COUNTY, FLOR[DA, that lot 3, of the property described as follows, hating beo~ abated of a public nuisance at~er due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of s~ch abatement, to w~t: N.~ME... GOMEZ, JESUS LEGAL DESCRIP'fION: Lot 3, in block 14, of NAPLES MANOR ADDITION, according to the plat thereof, as recorded In Plat Book 969, at Page 621, of the public records of Collier County, Florida. COST: $255.00 REFERENCE#: 2499 FOLIO #; 62102840009 The County shall (by regular U.S. mail) mail a copy of this R~olution along with the No~ic¢ of Assessment of Lien to the owner(s) of the above-described I:~operty. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment ia full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution pas~xl and duly adopted by the Board of County Commissioners of Collier County, Florid~, tl~. 's __ day of~ 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLL/ER COUNTY, FLOR[DA BY: Deputy Clerk Approved as to form and legal sufficiency:. ~ Thomas~C. Palme~, Assist,am County Attorney BY: Dorma Fiale, Chairman Agenda Item No. 16A10 April 27th, 2004 Page 15 of 24 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GOMEZ, JESUS 6034 SW 27TM St. Miami, FL 33155 DATE: REF. INV.# 2499 FOLIO #: 62102840009 LIEN N-UMBER: LEGAL DESCRIPTION: Lot 3, in block 14. of NAPLES MANOR ADDITION, according to the plat ~ereof, as recorded tn Plat Book 969, at Page 621, of the public records of Collier County, Florida. You, as the owner(s) of the property above-desCribed, as recorded in the records mainta~ed by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did deterrtfine a public nuisance existed on lot 3, and constituted a violation of county regulations on January 20, 2004, and ordered thc abatement of a certain nuisance exizting on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation Upon you. The nuisance is: WEEDS: ACCUMULATION OF ~VEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You h~ve failed tv ~nely abate such nuisance; whereupon, it was abzted by the expenditure of public funds at a dircc~ cost of FII~rY-FIVE ($S5.00) DOLLARS and an administrative cost of Two-Hundred ($200.00) dollars for a total of TWO-HUNDRED FIlmilY- FIVE ($255.00) DOLLARS. Such coN, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on yo~ property when recorded after approval by the Board. FAILURE TO TIMELY PAY TH~ AMOUNT SPECIFIED ~I THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOLqR PROPERTY IN COLLIER COUNTY. F. LIENS/MSTR LNAL Agenda Item No. 16A10 April 27th, 2004 Page 16 of 24 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR TILE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided m Ordinance No. 99-51, as successor to Ordina.~ce No. 91-47, as amended, thc dir~-t costs of abatement of ccrtgn naisances, including prescribed administrative cost ~ncutred by tim County, shah be assessed against sach property;, and ~,VI-LER.EAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together vdth a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the propmy against which made until paid; and WHEREAS, the assessment shall bo~ome due and payable no later than twenty (20) day~ of the date of' the Legal Notice of Assessmeut and int~n-est shall accrue on the unpaid balance begim~mg on the date this Resolution is recorded at the rate of twelve peccent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMNLISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 9-11, of the property de-scribed as follows, having been abated of a pubIic nuisance afler due and proper notice thereof to the owner(s) of said property, is hereby assessed the folloV~ng costa of such abatement, to wit: NAME: GRAY EST., C~ARLIE MAE WILLIE JAMES UNDERWOOD EST. LEGAL DRSCRIPTION: Lot(s) 9, 10 and 11 of BIoe]~ 2, of that certain subdivision knovcn as MAIN LINE subdivision, a~ recorded in the public records of Collier County, Florida. COST.'. $350.00 ~ 24:50 FOLIO #: 56402760002 The County shall (by regular U.S. mini) mail a copy of this Resolution gong wikh the Notice of Assessmem of Lien to the owneffs) of the above-described property. If'within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment i.~ full to Collier Count),', the Resolution and Notice of AsseSsment shall be recorded in the official records of Co]lief County, and to the extent allowed by law, shall also be a lien upon all other real ancL;or personal property ow'ned by the noted propclTy ownea~s) in Collier County. This Re~olafion passed and duly adopted by the Board of County Comrmssionem of Collier County, Florida, th~ ~ day of~, 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUN-FY, FLORIDA BY: Deputy Clerk Approved as to form and legal suffic/ency: Thomas C. Palmer, A~istant county Attorney BY: Donna Fiala, Chairman P. IA]E'{/.M.WFR R~OLUTION Agenda Item No. 16A10 April 27th, 2004 Page 17 of 24 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT I)EPARTMENT COLLIER COL~NTY, FLORIDA LEGAL NOTICE OF ASSESSME~NT OF LIEN GRAY EST. CHARLIE MAE WILLH~ JAMES UNDERWOOD EST. PO BOX 452 Lehigh Acre~, Fl, 33970 DATE: REF. INV.# 2450 FOLIO #: 56402760002 LIEN NUMBER: LEGAL DESCRIPTION: Lo~(s) 9, 10 and 11 of Block 2, of tlaat certain subdivision known as MAIN LLNE subdiviaion, as recorded in the public records of Collier County, Florida. You, as the owner(s) of the proI~nly above-dcscnbed, as r~corded in the records maintained by the offioe of the ProlXa'ty Appraiser, axe hereby advised that the Code Enforcement Director, did detea'mine a public nuisance existed on lot(s) 9-1 l, and constituted a violation of county regulations on October 3, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCL.'MULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH LN EXCESS Olt EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ONE-HUNDREI) FIFrY ($1S0.00) DOLLARS and aa administrative cost of Two-llund~'d ($20~.00) dollara for a total of THREE-HUNDRED FIFTY ($350.00) DOLLARS. Such cost, by Revolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your propen~ when recorded after approval by the Board. FAILURE TO TEMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGALNST ALL OF YOUR PROPERTY IN COLLIER COUNTY, F: LII~N~ MSTII. L~tAL Agenda Item No. 16A10 April 27th, 2004 Page 18 of 24 RESOLUTION NO. 2004-- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDINO FOR THE ASSESSM]ENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINA,NCE No. 99-51, AS SUCCESSOR TO ORDIN.,MNCE No. 91-47, AS AMENDED WHEREAS, as gnovided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed admimslxat~ve cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such asses,mnent shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of ~'elve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CONLMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot 9, of the property deacribed as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following cosB of such abatement, to wit: NAME: LA RUE, CLAUDE E. LEGAL DESCRIPTION: Lot 9, Block 4, NAPLES MANOR ADDITION, according to the Plat thereof, on f'fie and recorded in the Public Records of Collier County, Florida, PB 3, Pages 67 and 68, sub}ect to three-fourths oil, gas and mineral rights reservation and subject to re~Wietions, reservations and limitations of record. COST: $255.00 REFERENCE#: 2485 FOLIO #: 62092120004 The County shall Coy regular u.s. mini) ma/l a copy &this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-descn'bed property. If within twenL'y (20) days of the date of mailing that copy, the owner fails :o deliver pa2ment in full to Collier County, the Resolution and Not/ce of Assessment shall be recorded in ,.he official records of Collier County. and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property own~s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of__ 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Donna Fiala, Chairman Approved as to form and legal sufficiency:. Thomas C. Palmln, Assistant County Attorney F Ll~4; MSTR R.ESOIMT1ON Agenda Item No. 16A10 April 27th, 2004 Page 19 of 24 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN LA RUE, CLAUDE E. 7012 Chadwell Rd SW Huntsville, Al. 35802 DATE: lIEF. INV.# 2~85 FOLIO #: 62092120004 LIEN NUMBER: LEGPAL DESCRIPTION: Lot 9, Block 4, NAPLES MANOR ADDITION, according to ~e Plat thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3, Pages 67 and 68, subject to three-fourths oil, ga~ and mineral rights reservation and subject to restrictions, reservations and Umltations of record. You, aa the owner(s) of the property above-described, as recorded in the records maintainext by thc office of the Property Appraiser, are hereby advised that the Code Enforcemeat Ditvctor, did determine a public nuisance existed on lot 9, and conmituted a violation of county regulations on December 15, 2003, and ordered the abatement of a certain nu/sance existing on the above property prohibited by Ordinance No. 99-51, as ammded and sec'ed a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, 'GRASS, OR OTHER NON-PROTECTED OVERGROWTIt IN EXCESS OF EIGtlI'EEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public fimds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-Hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of thc Board of County Comnfissioners et' Coil/er County, Florida, shall become a Uen on your property when recorded after approval by thc Board. FAILlYRE TO TIMEL'~ PAY TH~ AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY, Agenda Item No. 16A10 April 27th, 2004 Page 20 of 24 RESOLUT[ON NO. 200~- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR TffE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PLq3LIC N~'ISANCE, IN ACCORDANCE WITH ORDfNANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costa of abatement of cerh~in nmsenees, including prescribed administrative cost incurred by the County, shall be a&se~sed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEILEAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance begiunmg on the date th/s Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLqqTY COM~I1SSIONERS OF COLLIER COUNTY, FLORIDA, that lot 26, of the property described as follows, having been abated of a public nuisance after due and proper notice diet,of to the owner(s) of said property, is hereby assesse~l the following cost~ of such abatement, to wit: N.~IE: MELENql)EZ, MIRANDA LEGAL DESCRIPTION: Lot 26, Block 181, Unit 6, Part 1, GOLDEN GATE SUBDIVISION, according to the Plat thereof r~corded in Hat Book 9, at Page(s) 2, of the Public Records of Collier County, Florida. COST: $255.00 RE.~RENCE#: 2457 FOLIO #: 36371040006 The County shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fa/Is to deliver payment in full to Collier County, the Re~olution and Notice of Assessment shall be recorded in the official records of Collier County, and to the extent allowed by law, shall also be a lien upon all other real md;or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, tl~.~s __ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISS[ON'ERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency:. ThomaslC. Palm~, Aszistant County Atlomey BY: Donna Fiala, Chairman Agenda Item No. 16A10 April 27th, 2004 Page 21 of 24 BOARD OF COL3qTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF A$SESSbIENT OF LIEN MELENDEZ, MIRANDA 181 NW 106'~ Ave Pembroke Pines, Fi. 33026-0000 DATE: REF. EqV.# 2457 FOLIOg: 36371040006 LIEN NUMBER: LEGAL DESCRIPTION: Lot 26, Block 181, Unit 6, Part 1, CoOLDF_aN GATE SUBDIVISION, according to the Plat thereof recorded in Plat Book 9, at Page(s) 2, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-descn'bed, as recx)rded in the records maintained by tho office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 26, and constituted a violation of county regulations on November 5, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as mended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH I~ EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; wh~eupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-Hundred ($200.00) dollars for a total of TWO-HUNDRED FIFtY- FIVE ($255.00) DOLLARS. Such c~ by Resolution of the Board of County Commis.~ione~s of Collier Country, Florida, shall become a lien on yom property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIF~N AGAINST ALL OF YOUR PROPERTY IN ~ F: LIENS/MSTR L~AL Agenda Item No. 16A10 April 27th, 2004 Page 22 of 24 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AM EN~DED WHEREAS, aa provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including preSCnbod adminis~'ative cost incmxed by the County, shall be assessed againz! such property;, and WIIEREAS, the cost thereof to the Countv as to each parcel shall be calculated and repot:ed to the Board of County Commissioners, together'with a descriphon of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no laler than twenty (20) days of the date of fine Legal Notice of ~ent and interest shall accrue on fine unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMI~flSSIONERS OF COLLIER COUNTY, FLORIDA, that lot 1, of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owners) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: SPRINGS, MAT'I'HEW J. & PAULA A. LEGAL DESCRIPTION: Lot 1, Block 19, LELY TROPICAL ESTATES, =nit 2, according to the Plat thereof recorded in Plat Book 10, Page 89, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#~ 2452 FOLIO #: 5550~640007 The County shall Coy regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessmem of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver pa)meat in full to Colher County,, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and to the extent allowed by law, shall also be a lien upon all other rml and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Flori.da, this __ day of ,2004. AnFi'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COL.NTY', FLORIDA BY: Deputy Clerk Approved as to form and Iegal sufficiency. Thomas C. Palmer, Asa/sinai County Attorney BY: Donna Fiala, Chatrman Agenda Item No. 16A10 April 271h, 2004 Page 23 of 24 BOARD OF cOUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMIaNT OF LIEN SPRINGS, MATTHEW J. & PAULA A. 440 25TM Street SW Naples, Fl 34117 DATE: REF. INV.# 2452 FOLIO 0:555026400tY1 LIEN NUMBER: LEGAL DESCRIPTION: Lot !, Blo~k 19, LELY TROPICAL ESTATES, unit 2, according to the Plat thereof r~orded in Plat Book 10, Page 89, of the Public Records of Collier Couat'y, Florida. You, as the owner(s) of the properly above-described, az recorded in the records maintained by the office of thc Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot l, and constituted a violation of county regulations on October 13, 2003, and ordered the abatement of a certain nuisance existing on the above propexly protnbitod by Ordtmmce No. 99-51, as amended and served a notice of violation upon you. The nuisance is: %'EEDS: ACCUMULATION OF V~'EEDS, GRASS, OR #TIER NON-PROTECTED OVERGROWTIt IN EXCESS OF EIGItli'£EN (18) LNCHES. You have tailed to timely abate such nuisance; whevenpon, it was abated by the exp~ndituxe of public funds at a direct cost of FIFTY-FIVE ($55.00} DOLLARS and an administrative cost of Two-Hun&ed ($200.00) dollars for a total of TWO-HUNDRED FIFYY- FIVE ($255.00) DOLLARS. Such cost, by Re~olulson of the Board of County ConmUssion~rs of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TI~iELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALLOF YOUR PROPERTY IN COLLIER COUNTY. F: L~q~ MSTR LNAL Agenda Item No. 16A10 April 27th, 2004 Page 24 of 24 EXECUTIVE SUMMARY Request to grant final approval of the roadway (public), drainage, water and sewer improvements for the final plat of "Habitat Village" the roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County OBJECTIVE: 1'o grant final approval of the infrastructure improvements associated with that s,.jbctivision known as "Habitat Village" CONSIDERATIONS,,: 1. On June 26, 2002, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Habitat Village". 2. The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Engineering Review Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. 6. The roadway has been dedicated to Collier County as a public road by that instrument recorded at O.R. Book 3524, Page 0089. However, the maintenance shall be the responsibility of the Homeowner's Association. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained Agenda Item No. 16A11 April 27th, 2004 Page I of 5 Executive Summary Habitat Village Page 2 by the County's Utility Department through their operation and maintenance budget. GROW'I'H MANAGEMENT IMPACT: There is no growth management i m pact. RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Habitat Village" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. Agenda Item No. 16A11 April 27th, 2004 Page 2 of 5 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A11 Request to grant final approval of the roadway (Public), drainage, water and sewer improvements for the final plat of "Habitat Village" the roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 4/27/2004 9:00:00 AM Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Engineering Services Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services Director CDES Engineering Services D ate 4/15~2004 8:52 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/15~2004 11: 57 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/16/2004 8:59 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4119/2004 11:14 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/19/2004 4:03 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 412012004 3:31 PM Agenda Item No. 16A11 April 27th, 2004 Page 3 of 5 RESOLUTION NO. 04- RESOLUTION OF THE BOARD OF COL~'TY COMMISSIONERS OF COLLIER COLLNTY, FLORIDA TO AUTHORIZE FENAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, ANT) WATER ,aa\q) SEWER flMPROVEMENTS IN HABITAT VILLAGE, RELEASE OF THE MA.hNTENANCE SECWR1TY, AND ACCEPT THE MALNTENANCE RESPONSIBILITY FOR THE ROADWAY,(PUBLIC) DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINq'.~'NED BY THE HABITAT VILLAGE HOMEO~..rNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 25, 2001 approved the plat of Habitat Village tbr recording; and W"HEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and spec~ fications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01-57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maimenance security: and WHEREAS, the Compliance Services Section of the Development Services Department has in~ected the roadway, drainage, and water and sewer improvements, and ts recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COU,.'NTY COMMISSIONERS OF COLLIER COU,'NTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvemems in Habitat Village, and authorize the Clerk to release the maintenance security. BE IT FL'RTHER RESOLVED AND ORDERED that the County. accept the future maintenance and other attendant costs for roadway, drainage, and ~vater and sewer improvements that are not required to be maintained by the Habitat Village Homeowner's Association. The County has accepted a roadway dedication recorded at O.R. Book 3524, Page 0089, Public Records of Collier County. This Resolution adopted after motion, second and majority vote favoring same, this __ day of 2004. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: Jemiifer A. Belpedio Assistant Collier County Attorney BOARD OF COU~'N~rY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Agenda Item No. 16All April 27th, 2004 Page 4 of 5 LOCATION MAP HAB~AT ~ILLAG~ SITE MAP April 27th, 2004 Page 5 of 5 EXECUTIVE SUMMARY Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Calumet Reserve" the roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County OBJECTIVE: To grant final approval of the infrastructure improvements associated wi~,n that subdivision known as "Calumet Reserve" CONSIDERATIONS: l. On Cctober 17, 1997, the Board of County Commissioners granted preii~£nary acceptance of the roadway, drainage, water and sewer improvements in "Calumet Reserve". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. The water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Engineering Review Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. o This Executive Summary has been reviewed and Transportation Services and Public Works Utilities. approved by FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact. Agenda Item No. 16A12 April 27th, 2004 Page I of 5 Executive Summary Calumet Reserve Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roaoway, drainage, water and sewer improvements in "Calumet Reserve" and release %he maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. Agenda Item No. 16A12 April 27th, 2004 Page 2 of 5 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A12 Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Calumet Reserve" the roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 4/27/2004 9:00:00 AM Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Engineering Services Approved By Thomas E. Kuck, P.E. Community Development & Envi~ :~qmental Services CDES Engineering Services Director CDES Engineering Services Date 4/15/2004 8:55 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 411612004 8:49 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/19/2004 2:44 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/20/2004 8:42 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/20/2004 10:32 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 412012004 3:33 PM Agenda Item No. 16A12 April 27th, 2004 Page 3 of 5 RESOLUTION NO. 04- RESOLUTION OF THE BOARD OF COL',~TY COMMISSIONERS OF COLLIER COU'qNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DILAiNAGE, ANT) WATER .~N-D SEWER IMPROX, TMENTS hN CALUi"MET RESERVE, RELEASE OF THE MAhNTENANCE SECUR/TY, AxNT) ACCEPT THE NLAD~/TENANCE RESPONSIBILITY FOR THE ROADWAY, DRAhNAGE, AND WATER AND SEWER EMPROVEMENTS THAT ,ARE NOT REQUIRED TO BE MAENTAINED BY THE CALU~IET RESERVE HOMEOWNERS ASSOCIATION. WI'tEREAS, the Board of CounW Commissioners of Collier County, Florida, on October 22, 1996 approved the plat of Calumet Reserve for recording; and V,'rIEREAS, the Developer has constructed and maintained thc roadway, ,it':: .,:,:,- nc water and sewer improvements in accordance with the approved plans and =pccilicauons and as required by the Land Development Code (Collier Cotmt¥ Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordina~nce (Collier County Ordinance No. 01-57); and WHEREAS, thc Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and v',qAEREAS, the EngSneering Review Department of Community Development Services has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COULNTY COMMISSIONERS OF COLLIER COU.~TY, FLORDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Calumet Reserve, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Calumet Reserve homeowners association. This Resolution adopted after motion, second and majority vote favoring same, this __ day of ,2004. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: J~m-Sffi t~r 74..'~elpedio Assistant Coil/er County Attorney BO.Ad:kD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. DONNA FLALA, CI-LAIR~¥LAN Agenda Item No. 16A12 April 27th, 2004 Page 4 of 5 LOCATION MAP April 27th, 2004 SITE HAP Page 5 of 5 EXECUTIVE SUMMARY Approve the execution of a mutual general release between the County and former employee Lee H. Combs and to waive recovery of Grants Management Certification training and related travel expenses of Lee H. Combs in the amount of $4,162.76. OBJECTIVE: To receive approval from the Board of Commissioners (BCC) for the execution of a Mutual General Release by and between the County and former employee, Lee H. Combs, and to waive the recovery of $4,162.76 associated with the federal grants certification program, finding that the attempted recovery of such expenses from Ms. Combs is not in the best interests of the County. CONSIDERATIONS: In April 2002, Ms. Combs requested Community Development and Environmental Services (CDES) Division management to approve her request to complete the grants mat~:mcment certification program and to financially underwrite the program expenses of $10,000. Thos,~ expenses are eligible Community Development and Block Grant (CDBG) expenses and were paid l¥om grant proceeds during the FY02 fiscal year. The program benefited the CDES Division and County by providing a broad array of enhanced education in areas such as: Designing funding requests applications Selection criteria for selecting internal and external applicants Development of compliance monitoring processes Development audit procedures to assess sub-recipients' management capabilities Develop project performance standards re: attaining goals and objectives Implement financial reporting standards and controls Division management agreed to allow Ms. Combs to complete this education on the condition that a pro-rata payback to the County was required if she voluntarily left employment of the County within twenty-four months. Ms. Cc;mbs completed this program on November 13, 2002 and resigned from the County effective February 9, 2004. The majority of the benefits resulting from Ms. Combs' program completion have been transferred to other members of our department and are reflected in our improved internal processes and controls that we use today and will continue to use indefinitely as a result of her training. Collier County received very good value in exchange for the payment to provide Ms. Combs this education. Our benefits remain even though Ms. Combs has resigned from Collier County. After making preliminary efforts to recover the sum owed, it became apparent that any further recovery efforts would result in incurring legal expenses that would far exceed the amount that could conceivably be collected. Further, Ms. Combs has agreed to enter into a Mutual General Release with the County whereby Ms. Combs and the County would abn:ee to mutually release each other Agenda Item No. 16A13 April 27th, 2004 Page I of 5 Ir :~n~ ~!~ .'ossible claims, suits and causes of actions arising from her employment with the County. S~:t: !. ': i ,,: rc fore, recommends that the County waive collection against Ms. Combs and authorize the Cl-:,~,,--m of the BCC to enter into a Mutual General Release, a copy which is attached hereto as [i.,h;~,i :x,." This Resolution and Exhibit "A" have been reviewed by the County Attorney's Office as to legal sufficiency and form. FISCAL IMPACT: The attempt to recover the $4,162.76 would likely cost at least this amount fm,~ C<~unty resources, so the County could conceivably spend more that the amount to be fcc,,", GRO~¥TH MANAGEMENT IMPACT: There is no growth management impact associated with RE(OMMENDATION: It is recommended that the Board of Commissioners authorize the C', -~ ,-.,~n to enter into the Mutual General Release on behalf of the County and to approve ~. :..,. ~,~ ccovery of the $4,162.76 from Ms. Combs associated with the grant certification program. Agenda Item No. 16A13 April 27th, 2004 Page 2 of 5 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A13 Approve the execution of a mutual general release between the County and former employee Lee H. Combs and to waive recovery of Grants Management Certification training and related travel expenses of Lee H. Combs in the amount of $4,162.76. 4/27/2004 9:00:00 AM Prt.lmrml By Sc~)[t ;~ Teach Count,, "vlanager's Office Assistant County Attorney County Attorney Office Baker ,ty Development .,total Services Financial Admin & Housing Director Financial Admin. & Housing Date 4/1612004 9:24 AM Approved By .Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 411612004 8:52 PM .\ppr. ved By Mark lsackson County Manager's Office Budget Analyst Office of Management & Budget Date 412012004 8:31 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/201200~t 10:29 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office D ate 4/2012004 3:26 PM Agenda Item No. 16A13 April 27th, 2004 Page 3 of 5 MUTUAL GENERAL RELEASE This mutual release executed by COLLIER COUNTY and LEE H. COMBS is intended to effect the extinguishment of all obligations between the padies. Disputes and differences have arisen between the parties with respect to various and sundry employment matters. The parties have agreed to execute this mutual release in settlement of all such disputes and differences, including costs, attorneys fees, and any other related cost. In consideration of the mutual relinquishment of their respective legal rights with reference to disputes and differences each party expressly releases the other, and their heirs and legal representatives, from all liability for claims and demands. In further consideration of the foregoing, the parties also hereby remise, release, acquit, satisfy, and forever discharge each other, of and from all, and all manner of action and actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which they ever had, now have, or which any personal representative, successor, heir or assign of them, hereafter can, shall or may have, against each of them, for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of these presents. IN WITNESS WHEREOF, the parties, and or their duly authorized agents have signed and sealed this Mutual General Release on the date set forth adjacent to their signatures. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: DONNA FIALA, Dated: Chairman Dated: Agenda Item No. 16A13 April 27th, 2004 Page 4 of 5 - Approved as to form and legal sufficiency: Scott R. Teach Assistant County Attorney Dated: Witness Signature Witness Printed Name Lee H. Combs Dated' STATE OF FLORIDA COUNTY OF LEE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledges, personally appeared Lee H. Combs to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed the same. this WITNESS my hand and official seal in the County and State last aforesaid day of ,2004. Signature: Notary Public Printed Name: Notary Public My Commission Expires: Agenda Item No. 16A13 April 27th, 2004 Page 5 of 5 EXECUTIVE SUMMARY Requesting the Board of County Commissioners to authorize Engineering Review staff and the County Attorney's Office to amend Ordinance 2002-01, the Collier County Administrative Construction Code (ACC), which amends Chapter 1 of the Florida Building Code (FBC), Administration, codified as chapter 22 of the Collier County Laws and Ordinances, as it pertains to fill materials and finished floor elevations. OBJECTIVE: To authorize Engineering Review Staff to amend the ACC, as it pertains to Chapter 1 of the Florida Building Code, to clarify and limit the use of certain fill materials and to require floor slabs to be above road elevation. CONSIDERATIONS: Section 104.5.4 of the ACC amendment to the Florida Building Code entitled "Waste Materials Management" reads, in part, as fi)llows: "Inert waste materials may be btu/ed on-site provided that such disposal is in conformance with federal, state, and local regulations. Inert waste materials as used herein are specifically limited to brick, block, concrete, rock, stone, earth, and sand that is free from contamination and of other types of waste, and that is capable of serving as fill material without environmental harm to, or pollution of, ground waters or surface waters. Staff agrees that reinforcing steel (rebar) imbedded in concrete meets the intent of this section, but staff, at present, requires that such the steel must be cut flush with the surface of the concrete. Staff concedes that local groundwaters contain iron, but reinforcing steel presents mechanical and physical as well as chemical problems and staff contends that the burial of rebar should be avoided and intends clarifying the code on that point. Second: Section 104.2.1.2.8 of the ACC amendment to thc Florida Building Code lists the criteria for finished floor elevations in Collier County. In spite of the extensive list of criteria, in areas permitted by the South Florida Water Management District where the minimum road elevation and minimum slab elevation are predetermined by permit, it is possible, due to the sloping of the gutter, for the road, at its high point, to be higher that an adjacent floor slab. We have had rare instances where driveway slabs were sloped back toward the garage. Staff requests that this section be clarified to require finished floor slab elevations to be safely higher than the adjacent road, and stricter than the SFWMD permit requirements, which may allow a lower finished floor: FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None. Agenda Item No. 16A14 April 27th, 2004 Page 1 of 5 RECOMMENDATION: That the Board of County Commissioners authorizes Staff to amend the Administrative Construction Code amendment to Chapter 1 of the Florida Building Code to limit inert waste fill and to revise the rules for finished floor elevations in substantial conformance to the wording on the attached revisions, allowing for minor staff adjustments as determined by the Engineering Services Department Director and County Attorney. Agenda Item No. 16A14 April 27th, 2004 Page 2 of 5 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A14 Requesting the Board of County Commissioners to authorize Engineering Review staff and the County Attorney's office to amend Ordinance 2002-01, the Collier County Administrative Construction Code (ACC), which amends CHAPTER 1 of the Florida Building Code (FBC), Administration, codified as chapter 22 of the Collier County Laws and Ordinances, as it pertains to fill materials and finished floor elevations 4/27/2004 9:00:00 AM Prepared By Start Chrzanowski Community Development & Environmental Services Engineering Review Manager Engineering Services Approved By Ed Perico Community Development & Environmental Services Director Building Review & Permitting Date 4/15/2004 4:32 PM Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services Director CDES Engineering Services Date 4115/2004 4:17 PM Approved By Jennifer A. Belpedio County Manager's Office Assistant County Attorney County Attorney Office Date 4~16/2004 11:16 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/16/2004 1:32 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/16/2004 8:55 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4120/2004 1:52 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/20/2004 3:38 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/20/2004 3:52 PM Agenda Item No. 16A14 April 27th, 2004 Page 3 of 5 8. Plans shall show that construction of the lowest finished floor meets the elevation criteria listed below or engineered properly to a site specific design and certified by an architect or engineer, when conflict exist between the FTRM elevation and others, the higher elevation shall be required; (a) FfRM elevation - the elevation that has been established by the Flood Tnsurance Rate Maps (FTRM). (b) Paved Road - a minimum of 18 inches above the crown of the nearest street or interior roadway system if finished with paving; or (c) Graded or Unfinished Road - 24 inches above the crown if graded or otherwise unfinished; or (d) Mean Sea Level - seven (7) feet above Mean Sea Level (MSL) based on the 1929 National Geodetic Vertical Datum (NGVD); or (e) Water Management Design (1) Buildings within projects which have water management routing and storage facilities designed and built for a 25-year, three (3) day storm event in accordance with South Florida Water Management District's criteria may must use a finish floor elevation in accordance with the project's water management designed 100 year zero discharge elevation or the FTRM elevation, whichever is higher. (2) Buildings which are not within projects having a water management storage facility designed and built for a 25-year, three (3) day storm event in accordance with South Florida Water Management District's criteria shall use a finish floor elevation of 18 inches above the adjacent roadway crown elevation or the FTRM elevation, whichever is higher. (f) O__~n parcels where unusual topographic conditions exist and the above standard conditions cannot be reasonably applied, the ~ O~d~ Development Services Engineering Review Department Manager will consider requests to decrease the finish-floor elevation. All requests will require an analysis by a Florida registered professional engineer of the 25-year, three (3) day storm event and the 100 year, three (3) day storm event, using zero discharge for the entire drainage basin in which the proposed structure is located. Reductions may be allowed on the basis of the analysis, but in no case shall the finish floor be less than the FIRM. (q) Reqardless of the minimum finished floor elevation established by the South Florida Water Management District in their permit, or the FTRM elevation, the first habitable floor elevation shall be a minimum of 12 inches above the crown elevation of the adjacent roadway and garages, carports, and screen enclosures shall be 6 inches above the road crown. I,-,~,-!- ,-,,-,, ,-~1 ;~ ,-,I,-,,,~i-.',-,,., I-,-, Fk,~ Agenda Item No. 16A14 April 27th, 2004 Page 4 of 5 104.5.4. ]~nert waste materials may be buried on-site provided that such disposal is in conformance with federal, state, and local laws and regulations. Inert waste materials as used herein are specifically limited to brick, block, concrete, reinforced concrete with all protrudinq reinforcinq steel (rebar or wire mesh) removed, rock, stone, earth and sand that is free from contamination and of other types of waste, and that is capable of serving as fill material without environmental harm to, or pollution of, ground waters or surface waters. All other wastes, including rebar, asphalt, PVC oioe. olastics, garbage, hazardous waste, rubbish, refuse, paper products, containers, cloth, wood and wood products, sweepings, liquids other than water, sludge, tree limbs and trunks, undergrowth, and material produced by clearing and grubbing, and other horticultural wastes, shall not be buried on-site (unless specifically allowed by County Ordinance or the Land Development Code), but shall be otherwise lawfully disposed of. Agenda Item No. 16A14 April 27th, 2004 Page 5 of 5 EXECUTIVE SUMMARY To approve a Budget Amendment transferring $250,000 from Community Development and Environmental Services Fund 113 Reserves to Capital for the refurbishment of the existing Community Development and Environmental Services Building OBJECTIVE: To have the Board of County Commissioners (BCC) approve a budget amendment for the refurbishment of the existing Community Development and Environmental Services (CDES) building. CONSIDERATIONS: Since the last executive summary that came before the Board on June 24, 2003 (item 16A25), there have been continued improvements made to the existing CDES building including the renovation of the west side of the existing building that is now complete. The east side of the existing building is now undergoing renovation and several unforeseen problems have been encountered that will incur additional unplanned expenses. The problems that are been uncovered include outdated electrical wiring and the need to upgrade the existing fire alarm and fire sprinkler systems to meet current life and safety codes. Additional costs include overtime compensation for having the contractor work after normal business hours, after hours security, office furniture design and assembly, audio visual equipment for the new conference rooms and additional office space to accommodate an additional employee transferred from another Division. FISCAL IMPACT: $250,000 is available in Fund 113 Reserves and will be designated to the cost center specific to the refurbishment of the existing CDES building. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the necessary budget amendment for the building. Board of continued County Commissioners approve the refurbishment of the existing CDES Agenda Item No. 16A15 April 27th, 2004 Page I of 2 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A15 To Approve a budget amendment transfering $250,000 from Community Development and Environmental Services fund 113 Building Permit Reserves to Capital for the refurbishment of the existing Community Development end Environmental Services (CDES) building 4/27/2004 9:00:00 AM Prepared By Judy Puig Community Development & Environmental Services Administrative Assistant Building Review and Permitting Approved By Ed Perico Community Development & Environmental Services Director Building Review & Permitting Date 411212004 8:47 AM Approved By Judy Puig Community Development & Environmental Services Administrative Assistant Building Review and Permitting Date 4/12/2004 8:43 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 411612004 10:55 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/18/2004 3:39 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 412012004 5:50 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 412012004 5:47 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/2~1/2004 9:01 AM Agenda Item No. 16A15 April 27th, 2004 Page 2 of 2 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Approve a $27,485.00 Budget Amendment from the Immokalee CRA Fund to Reimburse the Community Redevelopment Department for Utility and Road Projects. OBJECTIVE: To have the Board of County Commissioners approve a budget amendment of $27,485.00 from Fund 186 Operating Expenses to Fund 111-138318 Operating Expenses to reimburse Fund 111-138318 for payments made for utility and road projects in the lmmokalee Redevelopment Area. CONSIDERATIONS: On January 22, 2003, the Immokalee Local Redevelopment Advisory Board identified utility and road projects as a need within the vicinity of 10m Street and Clifton Street in the Immokalee Redevelopment Area, as depicted in Figure 1. The Advisory Board recommended that the Community Redevelopment Agency approve the allocation of $200,000 from the Redevelopment Trust Fund towards utility and road projects in the vicinity of 10th Street and Clifton Street, as depicted in Figure 1, or other utility and road projects in the Immokalee Redevelopment Area. Believing that the lack of road and utility infrastructure in the redevelopment area acted as a constraint to market- driven redevelopment efforts, Staff supported the Advisory Board's recommendation; and on March 19, 2003 the CRA Board approved the $200,000 allocation. On November 18, 2003, Freeman & Freeman Construction, Inc., the company conducting the utility and roadwork, submitted an invoice in the amount of $27,485.00, which was paid by the Community Redevelopment Department. However, an accounting error was made and the bill was paid out of the Community Redevelopment Department's budget (Fund t 11-138318) instead of the Immokalee CRA budget (Fund 186). On March 23, 2004, the Board of County Commissioners acting as the Community Redevelopment Agency recommended moving $154,782.00 out of Fund 186 Reserves into Fund 186-138324 Expenses for utility and road projects in the Immokalee Redevelopment Area (this amount was the remainder of the original $200,000 that did not get "rolled over" into the current fiscal year). Of that $154,782.00, the amount of $27,485.00 is owed to the Fund 111-138318 cost center. Therefore, Staff is recommending that $27,485.00 be moved into Fund 111-138318 Expenses from Fund 186 Expenses-138324 to reimburse the Community Redevelopment Department's budget. FISCAL IMPACT: CRA redevelopment efforts are partially funded through Tax Increment Financing (TIF). Hence, the incremental difference in tax revenues between the original frozen assessment value (1999), and the new higher assessed value in the Redevelopment Area is used to finance redevelopment efforts in redevelopment area. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: The above-mentioned infrastructure improvements will implement several objectives of the adopted Redevelopment Plan, including those related to road and utility improvements. Agenda Item No. 16A16 April 27th, 2004 Page 1 of 4 GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Immokalee Area. COMPREHENSIVE PLANNING DEPARTMENT RECOMMENDATION: Approve recommendation to move $27,485.00 out of Fund 186-138324 Expenses to Fund 111-138318 Operating Expenses. Agenda Item No. 16A16 April 27th, 2004 Page 2 of 4 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A16 Recommendation that the Board of County Commissioners approve a Budget Amendment of $27,485.00 from Fund 186 Operating Expenses to Fund 111- 138318 Operating Expenses to reimburse Fund 111 - 138318 for payments made for utility and road projects in the Immokalee Redevelopment District. 4/27/2004 9:00:00 AM Prepared By John-David Moss Community Development & Environmental Services Senior Planner Comprehensive Planning Approved By John-David Moss Community Development & Environmental Services Senior Planner Comprehensive Planning Date 4~20~2004 12:49 PM Approved By Constance A. Johnson Community Development& EnvironmentaIServices Operations Analyst Community Development & Environmental Services Admin. Date 412012004 1:38 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/2012004 3:35 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4i21/2004 9:13 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 412112004 9:21 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4121/2004 12:42 PM Approved By Stan Litsinger Community Development & Environmental Services Comprehensive Planning Director Comprehensive Planning Date 4/5/2004 3:35 PM Approved By Randall J. Cohen Community Development & Environmental Services Commuinty Planning and Redevelopment Manager Comprehensive Planning Date 416/2004 12:16 PM Agenda Item No. 16A16 April 27th, 2004 Page 3 of 4 Agenda Item No. 16A16 April 27th, 2004 Page 4 of 4 EXECUTIVE SUMMARY Approve the local Housing Assistance Plan (HAP) and lnteriocai Agreement for fiscal years 2004-2005, 2005-2006, and 2006-2007 as required by the State Housing Initiatives Partnership (SHIP) Program. OB,.IECTIVE: To expand affordable housing opportunities in Collier County by presenting a Local Housing Assistance Plan (HAP) to the Florida Housing Finance Corporation establishing guidelines for the use of State Housing Initiatives Partnership (iSHIP) Program funds. CONSIDERATIONS: On July 7, 1992 the SHIP Act was signed into law to provide additional funding to local communities through a documentary stamp tax on real estate transactions to promote affordable housing. Under the SHIP program Collier County and the City of Naples receive funds from the State of Florida to provide initiatives to expand affordable housing opportunities. As part of this program, the County is required to update its three-year HAP identifying the strategies that will be implemented to address affordable housing needs. This HAP provides for the following housing strategies: Down Payment/ Closing Cost Assistance with Emergency Repair, Housing Rehabilitation- Owner Occupied, Housing Rehabilitation- Rental, Land Acquisition with New Construction, Demolition with New Construction, Special Needs Housing, and Emergency Home Repair. FISCAL IMPACT: The SHIP Program receives alSproximately two million one hundred twenty one thousand seven hundred dollars ($2,121,700) per year from the Florida Housing Finance Corporation. Ten percent (10%) of this allocation may be used for program administration expenses. This HAP will serve as a guideline for the use of all SHIP funds. GROWTH MANAGEMENT IMPACT: This HAP will allow the County to expand the affordable housing opportunities of its citizens furthering the goals of the Housing Element of the Collier County Growth Management Plan. Agenda Item No. 16A17 April 27th, 2004 Page 1 of 35 RE¢'OXlMENDATION: That the Board of County Commissioners adopt the proposed rc-.,:'.;!~,.,n approving the Collier County Local Housing Assistance Plan for fiscal years 2004-2005, 2005-2006, and 2006-2007. Additionally, that the Board of County ('o:~:~" i-.qioners re-enter into an Interlocal Agreement with the City of Naples to jointly receive and administer funds under the SHIP Program and that the Chairman of the Board of County Commissioners execute the Certification to the Florida Housing Finance Cor!x~ration for transmittal with this plan. Agenda Item No. 16A17 April 27th, 2004 Page 2 of 35 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A17 Approve the local Housing Assistance Plan (HAP) and Interlocal Agreement for fiscal years 2004-2005, 2005-2006, and 2006-2007 as required by the State Housing Initiatives Partnership (SHIP) Program. 4/27/2004 9:00:00 AM Prepared By Cormac Giblin Community Development & Environmental Services Housing Development Manager Financial Admin. & Housing Approved By Denton Baker Community Development & Environmental Services Financial Admin & Housing Director Financial Admin. & Housing Date 4/19/2004 2:34 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/19/2004 2:39 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/20/2004 8:55 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4120/2004 11:14 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/20/2004 5:01 PM Agenda Item No. 16A17 April 27th, 2004 Page 3 of 35 COLLIER COUNTY and CITY of NAPLES, FL STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN (LHAP) For the State of Florida Fiscal Years 2004/2005, 2005/2006, and 2006/2007 Collier County Financial Administration and Housing Department Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 Phone (239) 403-2330 u Fax (239) 403-2331 www.co.collier.fl.us/FAH -]. Agenda Item No. 16A17 April 27th, 2004 Page 4 of 35 PROGRAM DESCRIPTION Chapter 67-37.005 F.A.C. and Section 420.9072, F.S. Ae Name of the participating local government and Interlocal if Applicable: Section 420.9072($),F.S. Collier County. Interlocal · Yes X No Name of participating local government(s) in the Interlocal Agreement; City of Naples. A copy of the Interlocal Agreement is attached as Exhibit H, Purpose of the program: Section 420.9072, F.S. and Chapter 67-37.005(3), F.A.C. Creation of the Plan is for the purpose of meeting the housing needs of the very low, low and moderate income households, to expand production of and preserve affordable housing, to further the housing element of the Collier County comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: Chat, t~r 67.37.002, F~A.C. X____ 2004/2005 X 2005/2006 X~ 2006/2007 Governance: Chapter 67-37.005(3)and(5)(i)F.A.C. and Section 420.9071(14)F.S. The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37.007 Florida Administrative Code. The SHIP Program does further the housing element of the Collier County Comprehensive Plan. Et Local Housing Partnership Section 420.9072(1)(a), F.S. SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low- income persons and community groups. Some of the active partners in Collier County are: Collier County Banking Partnership Collier County University of Florida Extension Service Habitat for Humanity of Collier County The Saint Matthews House Emergency Shelter The Saint Matthews House Wolf Apartments Transitional Living Center Collier County Housing Authority Collier County Hunger and Homeless Coalition -2- Agenda Item No. 16A17 April 27th, 2004 Page 5 of 35 Catholic Charities of Collier County Collier County Housing Development Corporation Collier County Loan Consortium Shelter for Abused Women and Children Empowerment Alliance of Southwest Florida Leveraging: Chapter 67-37.007(1)(b)(c), F.A. C. and Ssection 420.9075(1)(a) and ( I )(b 3, and ( l )(c), F.S. The Plans are intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. Public Input: Chapter 67-37.005(3), F.A.C. Public input was solicited through face to face meetings with housing providers, social service providers, local lenders and neighborhood associations. Public input was solicited through the local newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability. Advertising and Outreach Chapter 67-37.005(6)(a). F.A.C. The county or eligible municipality or its administrative representative shall advertise the notice of funding availability in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. Discrimination: Section 420.9075(3X c), F.S. In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. Support Services and Counseling: Chapter 67-37.005(5)(g),F.A.C. Support services are available from various sources. Available support services may include but are not limited to: Homeownership Counseling (Pre and Post), Credit Counseling, Tenant Counseling and Transportation. statistical purchase price earlier than the Purchase Price Limits: Section 420.9075(4)(c), F.S. and Chapter67-37.007(6)F.A.C. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the area in which the eligible housing is located. Such average area may be that calculated for any 12-month period beginning not fourth calendar year prior to the year in which the award -3- Agenda Item No. 16A17 April 27th, 2004 Page 6 of 35 occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used by Collier County__ (local government) is: Bond Study Numbers provided by Florida Housing Finance Corporation Independent Study (copy attached) X_X_ U.S. Treasury Department The purchase price limit for: New Homes: $254,250_._ Existing Homes: $254,250 Lo Income Limits, Rent Limits and Affordability: Chapter 67o37.005(5)(e), F.A.C. .and Section 420.9071(2), F.S. The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Affordable means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 (19), (20) and (28), F.S. However it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. Wages to Work: Chapter 67-37.005(6)(b)(7)F.A.C. Should a eligible sponsor be used, Collier County has developed a qualification system and selection criteria for applications for Awards to eligible sponsors, which includes a description that demonstrates how eligible sponsors that employed personnel from the WAGES and Workforce Development Initiatives programs will be given preference in the selection process. Monitoring and First Right of Refusal: Section 420.9075(3)(e)and (4) (f), F.S. In the case of rental housing, the staff or entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of $3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored for at least annually for 15 years or the term of assistance which ever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have -4- Agenda Item No. 16A17 April 27th, 2004 Page 7 of 35 remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. Om Administrative Budget: Chapter 67-37.005(6)(.03, F.A. C.. A detailed listing including line-item budget of proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted. The Collier County Board of County Commissioners finds that the moneys deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. The cost of administering the plan may not exceed 5 percent of the local housing distribution moneys and program income deposited into the trust fund. A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. Collier County has adopted the above findings in the attached resolution, Exhibit Eo II. LHAP HOUSING STRATEGIES: Chapter 67-37.005($), F.A.C. A. Name of Strategy: Purchase Assistance ao Summary of the Strategy: The Purchase Assistance Program assists Un'st-time homebuyers by paying a portion of their down payment and closing cost -5- Agenda Item No. 16A17 April 27th, 2004 Page 8 of 35 bo Co et fo Be expenses. Funds may also be used to cover a portion of permitting fees or impact fees due on new construction. Buyers of existing units are also eligible for additional emergency repah-to the unit purchased. The program provides second mortgages to eligible applicants to assist in the purchase (and repair if applicable) of new or existing single-family homes, duplexes, condominiums, townhouses, or DCA approved manufactured homes. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2005, 2006, and 2007. Income Categories to be served: Purchase assistance will be available only to low and very-low income applicants. Maximum award as noted on the Housing Delivery Goals Charts: $10,000 per unit. Terms, Recapture and Default: All purchase assistance loans will be secured by second mortgages. The interest rate on the loans will be 0%. No payment will be required until the property is sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. Recipient Selection Criteria: Applications will be taken on a first-come ! first- served basis from all applicants meeting the following selection criteria: The applicant must be a first-time homebuyer. A flu'st-time homebuyer is defined as any one of the following: not having ownership interest in a home during the past three years, a single parent with children under the age of 18 who has recently been divorced and displaced, a displaced victim of domestic violence, or a person displaced as the result of some governmental action. The home to be purchased must be located within the boundaries of Collier County, FL. The applicant must be pre-approved by the lender providing the first mortgage for the purchase. The purchase price of the home may not exceed the maximum sales price, allowed in Collier County by the SHIP Program. Additional Information: The purchase assistance program will partner the use of SHIP funds with private sector fin'st mortgages to provide homeownership opportunities to'low and very-low income flu'st-time homebuyers in Collier COunty. Name of the Strategy: Rehabilitation: Owner:Occupied Summary of the Strategy: The housing Rehabilitation: Owner-Occupied program assists very-low income homeowners by providing loans to pay for -6- Agenda Item No. 16A17 April 27th, 2004 Page 9 of 35 bo Co eo fo go necessary repairs. All identified repair work must include thc cmTcction of housing code violations and/or deferred maintenance. Fiscal Years Covered: This strategy will be funded dining state fiscal years 2005, 2006, and 2007. Income Categories to bc served: This program will assist only very-low income homeowners. Maximum award is noted on the Housing Delivery Goals Charts: $15,000 per unit. Terms, Recapture and Default: All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0%. Loans will be forgiven at a rate of 33.3% every five years. No payment will be required until the properly is sold, transferred, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. Recipient Selection Criteria: Applications will be taken on a first-come/first served basis. Loans will be given to only very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. Additional Information: In cases where the cost of repair exceeds the maximum award available to the borrower SHIP funds will be leveraged by the homeowner's own funds, CDBG funds, HOME funds, or other alternative sources. Ce Name of the Strategy: Land Acquisition Summary of the Strategy: The land acquisition program is designed to facilitate the acquisition of vacant land which will be developed for affordable housing opportunities by offering loans to non-profit housing providers to acquire such land. The Collier County Financial Administration and Housing Department -7- Agenda Item No. 16A17 April 27th, 2004 Page 10 of 35 Co eo go may also use this program to purchase land to be used for affordable housing. Fiscal Years Covered: This strategy will be funded in State Fiscal Years 2005, 2006, and 2007. Income Categories to be served: The eventual beneficiary must be low or very-low income, and be selected on a first come, first served basis. Maximum award is noted on the Housing Delivery Goals Charts: $5,000 per unit. Terms, Recapture and Default: Land acquisition program funds will be made available by loans secured by a second mortgage placed on the property acquired. Loans will be given for a maximum term of 20 years with an interest rate of 0%. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and/or very- low income individuals. At that time the balance of the loan will be recaptured. Recipient Selection Criteria: A non-profit housing provider wishing to receive land acquisition with new const~-uction funds will be evaluated conapetitively on the following criteria: Financial strength of the agency The ability of the developer to complete the development with the established timelines The capacity of the developer The affordability of the product produced Neighborhood compatibility of the development Number of units produced per SHIP dollar spent Leveraging of SHIP funds with other som'ces Preference will be given to organizations participating in the Wages to Work program. Additional Information: The SHIP funds used in the land acquisition program will be leveraged by several public and private sources. The non- profit agencies receiving these loans will be constructing housing units on the land acquired with funding secured elsewhere in the public and private sector. Name of the Strategy: Demolition a. Summary of the Strategy: Through the demolition with new construction program low and very-low income homeowners of substandard housing may receive a deferred payment loan to pay for the demolition of substandard -8- Agenda Item No. 16A17 April 27th, 2004 Page 11 of 35 bo Co do eo go housing units found not to be cost effective or possible to rehabilitate. Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2005, 2006, and 2007. Income Categories to be served: Participants in this program must be low or very-low income. Maximum award is noted on the Housing Delivery Goals Charts: $5,000 per unit. Terrns, Recapture and Default: All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0%. No payment will be required until the properly is sold, transferred, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. Recipient Selection Criteria: Applications will be taken on a first-come/first served basis. Loans will be given to only low and very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. Additional Information: In cases where the cost of demolition exceeds the maximum award available to the borrower SHIP funds used in the strategy will be levcraged by thc homeowner's own funds. SHIP funds will also be leveraged by the homeowner's new fh'st mortgage when the new home is built. Recipients of loans from this strategy may also qualify for SHIP purchase assistance program. Name of the Strategy: Special Needs Housing ao Summary of the Stzategy: Through the special needs housing strategy down payment, land acquisition, or development assistance loans may be awarded to non-profit organizations serving special needs clients for the purchase or development of homes, apartments, or land. -9- Agenda Item No. 16A17 April 27th, 2004 Page 12 of 35 Fiscal Years Covered: This strategy will be funded during State Fiscal Years 2005, 2006, and 2007. Income Categories to be served: The eventual beneficiary must be low or very-low income, and be selected on a first come first served basis. Maximum award is noted on the Housing Delivery Goals Charts: $3,000/unit. Terms, Recapture and Default: Special needs housing funds will be made available by loans secured by a second mortgage placed on the property acquired. Loans will be given for a maximum term of 20 years. The interest rate on loans will range from 0% to 5%, and will be based on factors including: need of the organization, the organization's ability to repay, and non-profit or profit status of the organization. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housh~g for low and/or very-low income individuals. At that time the balance of the loan will be recaptured. Units will be monitored for a period of 15 years per Rule Chapter 67-37.005(6)(c) of the Florida Administrative Code. Resale and First Right of Refusal for Affordable Housing will be given to Eligible Sponsors as noted in Section 420.9075 (4)(0 Florida Statues. fo Recipient Selection Criteria: A non-profit housing provider wishing to receive special needs housing funds will be evaluated competitively on the following criteria: Financial strength of the agency The ability of the developer to complete the development with the established timelines The capacity of the developer The affordability of the product produced Neighborhood compatibility of the development Number of units produced per SHIP dollar spent Leveraging of SHIP funds with other sources go Additional Information: The SHIP funds used in the special needs housing program will be leveraged by several public and private sources. The non- profit agencies receiving these loans will be constructing housing units on the lands with funding secured elsewhere in the public and private sector. Name of the Strategy: Housing Rehabilitation: Rental a. Summary of the Strategy: The housing rehabilitation: rental program assists non-profit housing providers by providing loans to pay for necessary repairs. All identified repair work will include the correction of housing code violations and/or deferred maintenance. - 10- Agenda Item No. 16A17 April 27th, 2004 Page 13 of 35 bo Fiscal Years Covered: This strategy will bc funded during state fiscal years 2005, 2006, and 2007. Income Categories to be served: This program will assist only non-profit housing providers who provide housing to low and/or very-low income tenants on a first come, fin:st served basis. d. Maximum award is noted on the Housing Delivery Goals Charts:$3,000/unit. eo Terms, Recapture and Default: All loans will be secured by a second mortgage payable to the County. Loans will be given for a maximum term of 20 years. The interest rate on loans will range from 0% to 5%, and will be based on factors including: need of the organization, the organization's ability to repay, and non-profit or profit status of the organization. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for low and/or very-low income individuals. At that time the balance of the loan will be recaptured. Units will be monitored for a period of 15 years per Rule Chapter 67-37.005(6)(c) of the Florida Administrative Code. Resale and First Right of Refusal for Affordable Housing will be given to Eligible Sponsors as noted in Section 420.9075 (4)(f) Florida Statues. Recipient Selection Criteria: A non-profit housing provider wishing to receive rehabilitation- rental funds will be evaluated competitively on the following: Financial strength of the agency Ability of the developer to complete the development with the established timelines The capacity of the developer The affordability of the product produced Neighborhood compatibility of the development Number of units produced per SHIP dollar spent Leveraging of SHIP funds with other sources Preference will be givcn to organizations participating in the Wages to Work program. go Additional Information: SHIP funds will be leveraged by the non-profit housing provider receiving the loan at a 1 to 2 ratio. For every $1 of SHIP funds used the non-profit housing provider must contribute $2. Name of the Strategy: Disaster Relief a. Summary of the Strategy: The disaster relief program offers loans to low and very-low income homeowners whose homes need repair to correct life threatening, health and safety defects after a natural disaster. Corrections will also be made in order to alleviate exposure to natural environmental -11- Agenda Item No. 16A17 April 27th, 2004 Page 14 of 35 Co do eo fo go elements. Fiscal Years Covered: This strategy will be funded for State Fiscal Years 2005, 2006, and 2007. Income Categories to be served: All recipients in this program must be low or very-low income. Maximum award is noted on the Housing Delivery Goals Charts: $5,000 per unit. Terms, Recapture and Default: All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0%. No payment will be required until the property is sold, trm~sferred, refinanced, or is no longer the primary residence of the homebuyer. At that time thc balance of the loan will be recaptured. Recipient Selection Criteria: Applications will be taken on a first-come/first served basis. Loans will be given to only low and very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. All units assisted must have life ttu'eatening, health and/or safety defects. Corrections will also be made in order to alleviate exposure to natural environmental elements. Additional Information: In cases where the cost of repair exceeds the maximum award available to the borrower SHIP funds will be leveraged by the homeowner's own funds. Repair may also be leveraged by homeowner's insurance, the homeowner's first mortgage, and any equity amassed in the home. III. LHAP INCENTIVE STRATEGIES Section 420.9071(16), F.S. A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. -12- Agenda Item No. 16A17 April 27th, 2004 Page 15 of 35 ao Established policy and procedures: Collier County Resolution No. 2004-__ adopted April 27th, 2004, speeds the rezone, approval, and pelTnitting of developments for affordable housing. Name of the Strategy: Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption. ao Established policy and procedures: The executive summary system used by the Collier County Board of County Commissioners serves as a process for an going review of items seeking Board action that may affect affordable housing. Every County Ordinance, Resolution, Contract, Bid, Award, Agreement, and Policy must have an executive summary attached which is reviewed as to its effect on affordable housing. IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumbrance and Expenditure: Chapter 67-37.005(6)(d) and O0 F.A.C. - 13- Agenda Item No. 16A17 April 27th, 2004 Page 16 of 35 E, F6 A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Chapter 67-37.005), F.A.C. Completed HDGC for each fiscal year is attached as Exhibit C. Certification Page: Chapter 67-37,005(7), F.A. C. Signed Certification is attached as Exhibit D, Adopting Resolution: Section 420.9072(2)(b)2, F.S. Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. Program Information Sheet: Completed program information sheet is attached as Exhibit F. Ordinance: Section 420.9072(3)(a), F.S. If changed fi'om the original ordinance, a copy is attached as Exhibit G. - N/A Interlocal Agreement: Section 420.9072, F.S. A copy of the Interlocal Agn'eement is attached as Exhibit Il. EXIlIBIT A- ADMINISTRATIVE BUDGET mo The responsible entity for administration of this program is the Collier County Financial Administration and Housing Department. The FAH Director shall have the authority'to fully administer the SHIP program within the constraints of this plan. - 14- Agenda Item No. 16A17 April 27th, 2004 Page 17 of 35 Bo The Collier County Financial Administration and Housing Department will use 10% of the SHIP funds for the administration of the program. Breakdown of the administrative budget for the Collier County SHIP program State-Fiscal Years 2005, 2006, & 2007 is as follows: FY2005 FY2006 FY2007 Salm-ies & Benefits $146,000 $146,000 $146,000 Supplies $ 5,000 $ 5,000 $ 5,000 Training $ 2,500 $ 2,500 $ 2,500 Advertising $ 500 $ 500 $ 500 Professional Se~wices $ 35,000 $ 35,000 $ 35,000 Other Equipment $ 3,000 $ 3,000 $ 3,000 Office Rent/Utilities $ 20,000 $ 20,000 $ 20,000 TOTAL $212,000 $212,000 $212,000 -15- Agenda Item No. 16A17 April 27th, 2004 Page 18 of 35 Name of (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) 13) Page 2 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Exhibit D Local Government: Collier County The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. A process for selection of recipients for funds has been developed. The eligible municipality or county has developed a qualification system for applications for awards. Recipients of funds will be required to contractually commit to program guidelines. The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) will be unable to comply with the provisions the plan. The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in Milch they are received. The plan confo~Tns to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to th,e Corporation as soon as available. An interlocal entity shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. Agenda Item April 27th, 2004 Page 19 of 35 Exhibit D Certification (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e) (18) Thc Plan meets thc requirements of Section 420-907-9079 FS, and Rule Chapter 67-37 FAC, and how each of those requirements shall be met. (19) The provisions of Chapter 83-220, Laws of Florida __ been implemented. has or has not Attest: (Seal) Chief Elected Official or designee Date DONNA FIALA, CHAIRMAN Type Name and Title APPROVED AS TO FORM AND LEGAL SUFFICIENCY: PATRICK G. WHITE ASSISTANT COUNTY ATTORNEY 2 Agenda Item April 27th, 2004 Page 20 of 35 TIMETABLE FOR STATE FISCAL YEAR 2D0~2007 Exhibit B Name of Local Government: Collier County Directions:Type in the applicable years across the top line. List Program Activities down left hanti side. Type in all "X" on applicable activity line under mo~lth and year the actlvit~ wilt be initiated or completed. At a minimum the following; actwittes shoutd be included: 4) Submit Aatnual Report to FHFC (September t5th) Agenda Item No. 16A17 April 27th, 2004 Page 21 of 35 Exhibit B TIMETABLE FOR STATE FISCAL YEAR 2005/2006 Name of Local Government: Collier County DirectJons: Type in the applicable years across the lop line. List P~ogram Activities down left hand side. Type in an "X" on applicable activity line under mo43th end year the activity will be initiated or completed. At · minimum the following activities should be inctuded: 1 ) Adveh-tise availabiliflj Of funds arid application period 2) Ei3cumb~'ance of funds (12 mnths following esld of State Fiscal Year) 3) Expenditur~ of funds (24 months following end ol Slate Fiscal Year). 4) Submit Annt~al Report to FHFC (Sepl~mb~' 15th) Agenda Item No. 16A17 April 27th, 2004 Page 22 of 35 Exhibit B TIMETABLE FOR STATE FISCAL YEAR 2OO4~2OO5 Name of Local Government: Collier County Directions: Type in the applicable years aclos$ the top line. List Program Activitit~ down left hand side. Type in Agenda Item No. 16A17 April 27th, 2004 Page 23 of 35 FLORIDA HOUSING ....... FINANCE: I CORPORATION STRATEGIES FOR THE LOCAL HOUSING ASSISTANCE PLAN FOR STATE FISCAL YEAR: 2004/2005 Name of Local Government: 'Coliier ~.ounty HOME OWNERSHIP STRATEGIES ~.Subtotal I (Home Ownership) RENTAL STRATEGIES Subtotal 2 (Non-Home Owrmrship) Administration Fees Admin. From Income Pro,ram 35000 $1,750,000 O0 $5,80,000 O0 $0.00 $2,330,000 0O · '~,0O,000 O0 $0 O0 $000 $~:,00.000.00 $40,000.00 ,T~O0 $0 O0 $40,000.00 $15,00000 $15,000.00 $15,000 O0 $15.000 O0 $0 O0 $000 $000 $2.420.000.0O $580,00O.00 $0.00 $24,00O00 $0 O0 $15,0O0 O, $24,000,00 $15.00000 $0.00 $24,000.00 $15,CO0 00 $0.00 F Total : 2'33 3 0 0 0 Total 8 $ 0 0 0 13 303 Maximum Allowable Purchase Price: Allocation Breakdown Very-Low Income Low Income [Moderate Income LTO TA L I New I $254.250 Amount $1.370,000 $2,539.000.00 0 0%I -- ITotal Awillabk Fund=: Existing I $254,250 I Max Amount Progracn income Fc~ Admin: I $15 00000 I Agenda Item No. 16A17 April 27th, 2004 Page 24 of 35 FLORIDA HOUSING FINANCE CORPORATION $3,421,716,00 1 HOUSING DELIVERY GOALS CHART~2002 STRATEGIES FOR THE LOCAL HOUSING ASSISTANCE PLAN FOR STATE FISCAL YEAR: 2005/2006 Name of Local Government: Collier Courtly Avmlable 35000 B $1,750,000.(X) $580,000 00 t~mo,ooo oo $o.oo $40,000.00 $000 $15,000.00 Total $O00 I 00~% $0.00 I 0 00% $3.000,000 O0 SHIP Dollars $24,O00 00 $15,000.00 0 $000 0 00% $15,00000 HOME OWNERSHIP STRATEGIES fublotal 1 (H~n~ Ow~rship) RENTAL ST~ES Subtotal 2 (Non-Home Owne~rship) C $0 O0 $0.00 Percentage Construction/Reh $2,420,000.00 $580,000.00 $3.00 $o.oo $o oo $24,000.00 $15,000.00 $0.00 $39,000 00 $49,3O5 00 89°/, 1.14% I 44% 000% 000% F Total 233 Total Maximum Allowable Purchase Price: Allocation Breakdown very-~ Low Income Moderate IncO~T~e TOTAL Amount $1,370,000 e~ $~,539,ooo.oo New I $254,250 '---' '' [" I Existing T--' $254,250[ Max Amount program Income For Admin: Agenda Item No. 16A17 April 27th, 2004 Page 25 of 35 FLORIDA HOUSING FINANCE CORPORATION HOUSING DELIVERY GOALS CHART#20~2 s'[ RATEGIES FOR THE LOCAL HOUSING ASSISTANCE PLAN FOR STATE FISCAL YEAR: 2006/2007 Name of Local Government: Collier County I I Available Funds: , I ST"ATEGIES --I II Ii Il iSubtotal 1 (HomeOwnership)I 152 I I 138 I I 01 $2,420.000.00 RENTAL STRATEGIES iSubtotal 2 (Non-Home Ownership) From Program Income ?s~ Ownershi 35000 $24,00000 $3,421,716.00 B C $580,000 00 $0.00 $ooo $o.oo $o.oo $580,000 O0 $0.00 $000 DIEI Total Total $15,~0.00 0 ~% ~ 0~% I I ~,000.~.~ ~7.~% $24,000.00 ~ $15,00000 $000 $15,~0 00 $000 $24,000.00 $15,000.00 $0.00 $39.000 00 $49.30500 F Tola! 233 43 8 0 O; O~ 29O Total 8: 5 0 0 0 13 303 GRAND TOTAL Percentage Construction~Reh Maximum Allowable Purchase Price: Allocation Breakdown Amount % jVery-Low Income $'K7'r 4,000.00 [Low Income $1.370,000.00 [Moderate Income $o.o0 [TOTAL $2,539,000.00 New i $254,25O Projected Program Incc.~ne: 50 1% projected Recaptured Fur, ds: $1.000,0~0.00 $3,421.71600 Existing I $254.250 ~ Max Amount Pn:~jram Inconle Fo~' Admin: I $15,000.00 ] 07-Ap~-04 A~enda Item No. 16A17 April 27th, 2004 Page 26 of 35 RESOLUTION NO. 2004- __ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2004-2005, 2005-2006, AND 2006-2007 AS REQU1RED BY THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; APPROVING A MAXIMUM AWARD SCHEDULE; MAINTAINING ADMINISTRATIVE COSTS OF THE LOCAL AFFORDABLE HOUSING ASSISTANCE PLAN AT A MAXIMUM OF TEN PERCENT OF THE TOTAL SHIP ALLOCATION; AUTHORIZING SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN TO THE FLORIDA HOUSING FINANCE CORPORATION FOR REVIEW AND APPROVAL; AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS; APPROVING THE 1NTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES; AND APPROVING THE EFFECTIVE DATES. WHEREAS, the Florida State Legislature enacted the William E. Sadowski Affordable Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., Florida Statutes, and Chapter 91-37, Florida Administrative Code, as a comprehensive funding package for state and local housing programs to better enable local governments to meet their responsibilities for affordable housing in accordance with their comprehensive plans; and WHEREAS, pursuant to thc Act, the State will allocate a portion of new and existing documentary stamp taxes on deeds to local governments for development and maintenance of affordable housing; and WHEREAS, the Board of County Commissioners of Collier County Florida enacted Collier County Ordinance No. 93-19 on April 13, 1993 establishing the Collier County Local Housing Assistance Plan; and WHEREAS, through Resolution No. 93-159 the Board of County Commissioners adopted a three year Local Housing Assistance Plan outlitfing the intended use of SHIP funds for fiscal years 1992-1993, 1993-1994, and 1994-1995; and WHEREAS, the Act requires in order to qualify for additional SHIP Funds, local governments must develop a new one to three year Local Housing Assistance Plan outlining the local government's use of SHIP Funds; and A§enda Item No. 16A17 April 27th, 2004 Page 27 of 35 Page I of 3 WHEREAS, the Act also requires the local government to adopt a maximum award schedule, an average cost per unit, and a maximum cost per unit for elibdble housing benefiting from SHIP Awards; and WHEREAS, the Act limits the administrative costs of the Local Housing Assistance Program to five percent (5%) of the total SHIP allocation unless thc Board of County Commissioners, by this resolution, increases the percentage to a maximum of ten percent (10%); and WHEREAS, it is in the best interest of Collier County to qualify for the SHIP Funds, and all action taken by the County in furtherance of such qualification is for a valid County purpose. NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florida, that: 1. The Board of County Commissioners hereby approves the Thi'ee Year Local Housing Assistance Plan for fiscal years 2004-2005, 2005-2006, and 2006-2007. 2. The maximum award schedule for SHIP Funds under the Local Housing Assistance Program shall be $15,000 per eligible unit. 3. The average cost per unit for eligible housing benefiting from SHIP Awards shall be $112)0,000. 4. The maximum cost per unit for eligible housing benefiting h-om awards made pursuant to the SH1P program shall not exceed $254,250 for new and existing eligible housing units as mandated by the U.S. TreasmT Department. 5. The annual administration costs of the Local Housing Assistance Program shall be maintained at ten percent (10%) of the local SHIP allocation. 6. The Chairman of the Board of County Commissioners is authorized to submit the Local Housing Assistance Plan, a copy of which is attached hereto and made part hereof, to thc State of Florida Housing Finance Corporation for its review and approval. Agenda Item No. 16A17 April 27th, 2004 Page2 of 3 Page 28 of 35 7. The Chairman of the Bom'd of County Commissioners is authorized to execute the certifications annexed to the Housing Assistance Plan on bchalf of the County... 8. The Chairman of the Board of County Conunissioners is hereby authorized to execute the Interlocal Agreement between Collier County and the City of Naples adopting the Parties' implementation of the Local Housing Assistance Plan adopted herein by reference. 9. The Board hereby adopts as its policy in compliance with sec. 420.9701 (16), F.S., a program to be administered by County staff that will assure that permits as defined in s. 163.3164 (7) and (8), F.S., for affordable housing projects are expcditcd to a greater degree than other projects and peradts. 10. This Resolution shall take effect immediately upon its adoption. This Resolution adopled after motion, second, and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA By: DONNA FIALA., CHAIRMAN Patrick G. White ASSISTANT COUNTY ATFORNEY Page 3 of 3 Agenda Item No. 16A17 April 27th, 2004 Page 29 of 35 Exhibit F STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORMATION SHEET LOCAL GOVERNMENT: ~Collier County CHIEF ELECTED OFFICIAL (,Mayor, Chairman, etc.): ponna Fiala, Chairman ADDRESS: 3301 Tamiami Trail South Naples, FL 34112 StlIP ADMLNISTRATOR: Cormac Giblin ADDRESS: 2800 North Horseshoe Drive Naples, FL 34104 TELEPHONE:(239) 403-2330 FAX:(239 ) 403-2331 EMAIL ADDRESS: cormacgiblin@colliergov.net ADI)ITIONAL SHIP CONTACTS: Lauren Beard, Wendy Klopf, Denton Baker ADDRESS: Sa~ne as above. EMAIL ADDRESS: LaurenBeard@colliergov.net, WendyKlopf@colliergov.net, DentonBaker~ colliergov .net INTERLOCAL AGREEMENT: YES: City of Naples The following information must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: MAIL DISBURSEMENT TO: ADDRESS: OR:IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM: X: NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED. Provide any additional updates the Corporation should be aware of in the space below: Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 32301 Fax: (850) 922-7253 Agenda Item No. 16A17 April 27th, 2004 Page 30 of 35 Exhibit H. Collier County Local Housing Assistance Plan FY 2005, 2006, and 2007 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into this __ day of April, 2004 by and between Collier County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners (the "County") and the City of Naples, a municipal corporation created and existing under the laws of the State of Florida, acting by and through its City Council ("City"): WITNESSETH: 420.9072 (4), Florida Statutes, WHEREAS, Section (the "State Housing Initiatives Partnership Act .... SHIP"), authorizes monies in the Local Government Housing Trust Fund (the "Fund") to be distributed to the County and eligible municipalities within the County pursuant to an interlocal agreement; and WHEREAS, Collier County is an approved County and the City of Naples is an eligible municipality within the County; and WHEREAS, the County and City desire to distribute SHIP allocations pursuant to this Interlocal Agreement; and WHEREAS, the County and the City have dete~xnined the SHIP funds can be more effectively and efficiently utilized and managed when the County and City work cooperatively to address the community' s affordable housing needs. Agenda Item No. 16A17 April 27th, 2004 Page 31 of 35 NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. The City and the County do hereby agree that thc monies in the Fund which are to be distributed to the County as provided in 420.9073, Florida Statutes, shall bc allocated between the County and City as follows: City 9.28% County 90.72% For Fiscal Year, 2004-05 the State allocated 9.28% of the SHIP funds to the City and 90.72% to the County. Therefore, no less than 9.28% of the total 'allocation will be earmarked for the City of Naples in any given fiscal year. These percentages are based upon the March 2004 SHIP program allocation distribution schedule. The City of Naples may distribute a portion of its allocation to housing activities within the Urban Housing Assistance Area as def'med in the ~Iuly 1994 Inteflocal Agreement adopted by Collier County and the City of Naples. 2. Unless earlier terminated pursuant to other provisions of this Interlocal Agreement, the term of this Agreement shall run concurrent with the distribution of monies in the Fund which are to be allocated between the County and the City. This Interlocal Agreement entered into this __ day of April, 2004 shall expire on the 30th day of June, 2007, unless at such time the City and the County mutually agree to extend this Agreement or terminate said Agreement under the provisions of Section 8. Agenda Item No. 16A17 April 27th, 2004 2 Page 32 of 35 3. The City and the County direct the Florida Housing Finance Corporation (thc "Corporation") to distribute and allocate the monies in the Fund in accordance with this lnterlocal Agreement and authorize the Corporation to rely on their stated intent and their authority to execute this Interlocal Agreement. 4. Provided this Interlocal Agreement remain effective between the City and thc County, both parties agree that they will not do anything to jeopardize the other party's right to receive its allocation from the Fund. 5. The parties to this Agreement understand that the statute requires an incentive plan for providing affordable housing and they agree to cooperate in ensuring that the requirements and spirit of the statute are satisfied. 6. The parties to this Agreement recognize the contributions of the joint City/ County Affordable Housing Commission (AHC) and agree to appoint AHC membcrs to the Affordable Housing Advisory'Committee. The County's Financial Adminisu'ation and Housing office will be responsible for the overall administration of the programs assisted with SHIP funds and shall receive administration monies from the SHIP allocation. Said administration allocation shall not exceed 10% of the total SHIP allocation in accordance with 420.9075 (6) and County Resolution 2004- The County will establish, administer, and audit a Local Housing Assistance Trust Fund in accordance with Ordinance No. 93-19, as amended and SHIP requirements. In addition, the County will submit the required annual report on behalf of the interlocal entities. Agenda Item No. 16A17 3 April 27th, 2004 Page 33 of 35 7. If at any time during the term of this Inteflocal Agreement, the City or the County which are parties to this Interlocal Agreement believe that the intent of the parties as set forth herein is not being accomplished, or that thc terms of thc Intcrlocal Agreement are not fair, such entity may, upon the giving of ninety days written notice, renegotiate the terms and provisions of this Inteflocal Agreement to be effective on the first day of the next fiscal year. If the parties are unable to so renegotiate the terms and provisions of this Interlocal Agreement prior to the commencement of the next fiscal year, the noticing party shall cease to be party to this Interlocal Agreement and this Interlocal Agreement shall terminate and be of no further force or effect as to such party and the funds shall be allocated according to population pursuant to Section 420.9072 (9) and Section 420.9073, Florida Statues. 8. If either party shall cease to be eligible for allocation and distribution, such party's allocation of' the funds shall remain in the Fund to be used by the Corporation. 9. For all purposes of this Interlocal Agreement, the term "Interlocal Agreement" shall mean this Interlocal Agreement. 10. Both parties acknowledge the SHIP enabling legislation, the rules promulgated to implement same, and that the Statute and the rules are incorporated herein as if they were reprinted. 4 Agenda Item No. 16A17 April 27th, 2004 Page 34 of 35 IN WYI;NESS THEREOF, the pm'ties hereto have caused this Agreement to be executed by their duly authorized officials. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA DWIGHT E. BROCK, CLERK By: DONNA FIALA, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: PATRICK G. WHITE ASSISTANT COUNTY ATTORNEY DATED: ATTEST: CITY OF NAPLES, a municipal corporation , CITY CLERK By: BILL BARNETT, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: , CITY ATTORNEY 5 Agenda Item No. 16A17 April 27th, 2004 Page 35 of 35 EXECUTIVE SUMMARY Accept the conveyance of a Quit Claim Deed for Tract "A" of Tarpon Bay Boulevard, which is required for the purpose of maintaining Tarpon Bay Boulevard as a public road. Estimated fiscal impact: $10.50. OBJECTIVE: To obtain the Board of County Commissioners approval and acceptance of a Quit Claim Deed for the acquisition of a portion of Tarpon Bay Boulevard known as Tract "A" and accept maintenance responsibilities of said boulevard. CONSIDERATIONS: The Tarpon Bay development is located on the south side of Immokalee Road just east of 1-75. Tarpon Bay Boulevard extends from Immokalee Road past 20th Avenue NW to the entrance of Tarpon Bay development. The segment of Tarpon Bay Boulevard from Immokalee Road up to 22"d Avenue NW was dedicated to Collier County in 2002. Maintenance responsibility for that segment of the road was also accepted at that time. The segment of Tarpon Bay Boulevard designated as Tract "A" begins at 22nd Avenue NW, and continues past 20~ Avenue NW to the entrance of Tarpon Bay development. In 2001, the roadway was incorrectly platted as a private right-of-way, in favor of WCl Communities, Inc. At that time, Tract "A" should have been dedicated to Collier County as a public right-of-way with maintenance responsibilities. In light of this error, WCl agrees to dedicate Tract "A" to Collier County and Collier County agrees to maintain the existing roadway. (See attached map.) It is the recommendation of staff that it is necessary and in the public's best interest to acquire the interests in real property specified on the attached Quit Claim Deed and accept maintenance responsibility for the existing roadway. FISCAL IMPACT: The Quit Claim Deed will be recorded in the public records at a total cost of $10.50 in recording fees. Funds are available in FY 04 budget. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's long range planning efforts. RECOMMENDATIONS: That the Board of County Commissioners of Collier County: 1. Accept the conveyance of the attached Quit Claim Deed and authorize staff to record same in the public records of Collier County, Florida. 2. Accept maintenance responsibility for the roadway. Agenda Item No. 16B1 April 27th, 2004 Page 1 of 6 Page 2 of 2 SUBMITTED BY: Date: Lorraine Lantz, Right-Of-Way Coordinator Transportation / Engineering and Construction Management Department REVIEWED BY: Date: Kevin Hendricks, Right-of-Way Acquisition Manager Transportation / Engineering and Construction Management Department REVIEWED BY: Date: Gregg R. Strakaluse, P.E., Director Transportation / Engineering and Construction Management Department APPROVED BY: Norman Feder, AICP, Administrator Transportation Services Division Date: Agenda Item No. 16B1 April 27th, 2004 Page 2 of 6 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY CONIMISSiONERS 16B! Accept the conveyance of a Quit Claim Deed for Tract "A" of Tarpon Bay Boulevard. which is required for tile pdrpose of maintaining Tarpon Bay Boulevard as a public road. Estimated fisca] impact: $10.50. 412712004 9:00:00 AM Prepared By Lorraine Lantz Transportion Services Right Of Way Coordinator TECM-ROW Approved By Norm E. Feder, AfCP Transportion Services Transportation Division Administrator Transportation Services Admin. Oate 4~i3!2004 3:01 PM Approved By Michael Smykowski County Manager's Office Man3gement & Budget Director Office of Management & Budget Date 4116,"2004 4:31 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 411912004 2:07 PM Approved By Kevin Hendricks Transportion Services Right Of Way Acquisition Manager Transportation Engineering and Construction 4/2/2004 4:52 PM Approved By Lisa Taylor Transportion Services Management/Budget Analyst Transportation Administration 4/2/2004 !2:59 PM Approved By Gregg R. Strakaluse Transportion Services Transportation Engineering/ Construction Mgmt Director Transportation Engineering and Construction Date 4/6!2004 1:41 PM Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 4/6/2004 3:04 P,%~ Agenda Item No. 16B1 April 27th, 2004 Page 3 of 6 This instrument prepared by: Stephen C. P'~erce, Ese,. 24301 Walden Center Drive, Suite 300 Bonita Springs, FL 34134 (239) 947-2600 PARCEL TAX ID. #: 0000076446000025 QUIT CLAIM DEED THIS INDENTURE is made this ~ day of January, 2004 by (i) WCl COMMUNITIES, INC., a Delaware corporation, having a mailing address located at 24301 Walden Center Ddve, Suite #300, Bonita Springs, Florida 34134 (the "Grantor"), in favor of (ii) COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter called the "Grantee"). WITNESSETH: That the Grantor, for and in consideration of the sum of TEN and No/100 DOLLARS ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, remise, release, convey, and confirm unto the Grantee, and the Grantee% successors and assigns forever, all that certain parcel of real property located in Collier County, Flodda, more particularly described as follows: Tract A, Tarpon Bay, according to the plat thereof as recorded in Plat Book 36, Page 28 through 31, inclusive, of the Public Records of Collier County, Florida (the "Real Property"); Subject to taxes and assessments for 2004 and subsequent years; TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anyway appertaining. TO HAVE AND TO HOLD, the Property in fee simple forever. IN WITNESS WHEREOF, the Grantor has caused this Quit-Claim Deed to be executed in its name and its corporate seal to be hereunto affixed, by its proper officer thereunto duly authorized, the day and year first above written. Signed in the presence of: corporation ' SicJna~ ~f Witn~'ss #1 P~.tec~ Name ~ij[~e~s.s #1 · SLqnature of Witness #2 J ~u~,7/J~-J'/~o ~,,u Printed Name of Witness/#2 WCI COMMUNITIES, INC., a Delaware By: T~nothy Oak Vice President Agenda Item No. 16B1 April 27th, 2004 Page 4 of 6 STATE OF FLORIDA COUNTY OF LEE .j The foregoing Warranty Deed was acknowledged before me this ..~O day of &r~,,.~ r t4 ,2004 by Timothy Oak, as Vice President of WCI COMMUNITCES, INC., a Delaware corporation, on behalf of the corporation, who is personally known to me. My commission expires: _)u¢,..~. Not~ry Pd~lic State of Florida My Comtrex;on DO~34181 Pdnted NAme of Notary I~blic Notary Public Commissim Number Agenda Item No. 16B1 April 27th, 2004 Page 5 of 6 IMMOK,~L£E 26.! ROA0 45 44 !! 9.1 ,I-5 LAKE rR~'T F ITRACT TRACT TR~.T P 1 TRAO' o 1 TRACT ~ J BtMINI BAY II 16.2 1.5.1 1..5.2 26.1 2r 27 I14 14.1 1.3 12 29 30 II ' 1~ ' 30. 51 9.1 , 9 :nda Item No. 16B1 Pcge 6 of 6 ~ I 52 EXECUTIVE SUMMARY REQUEST THE BOARD APROVE, AND AUTHORIZE THE CHAIRMAN TO SIGN. AN EASEMENT USE AGREEMENT, ALLOWING HOMEOWNERS TO CONTINUE USING A PERMITTED CABANA 'WHICH WAS CONSTRUCTED WITHIN A PUBLIC UTILITY & DRAINAGE EASEMENT HELD BY COLLIER COUNTY. OBJECTIVE: Request the Board approve, and authorize the Chairman to sign, an Easement Use Agreement, allowing homeowners to continue using a permitted cabana which was constructed within a Public Utility & Drainage Easement held by Collier County. CONSIDERATIONS: Pursuant to a permit issued by the County, homeowners constructed a cabana within a Public Utility & Drainage Easement held by Collier County. During routine maintenance work it was discovered that the cabana is dimctty over an existing drainage grate and pipe. The homeowners have requested permission from the County to continue using the cabana. Rather than having the homeowners remove the cabana, staff has prepared an Easement Use Agreement that permits the homeowners to continue using the cabana with the homeowners (1) granting the County access to maintain the drainage grate and pipe, (2) waiving any claim of damages to the cabana as a result of such maintenm~ce, and (3) agreeing that on written demand by the County, the homeowners will promptly .remove the cabana at their sole cost and expense. FISCAL 13tPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve, and authorize the Chairman to sign, an Easement 'Use Agreem~ nt, allowing homeowners to continue using a permitted cabana which was constructed within/ PREPARED BY: ~. Jeffr~ SUBM1TTEDBY: ~ :+~ ~? ....... Shann~nl ennie, Engineering Inspector Road Maintfl~nance De.p,~rtme~ ot~n Vliet, Superintendent/Interim Director "' Road Maintenance DePartment Public ?ility & Drainage Easement held by Collier County. ,?"'x . DATE: April t2, 2004 y A. [latzkow, Assistant County Attorney' DATE: April __~, 2004 DATE: April t 4,2004 APPROVED BY: Norman E. Feder, AICP Transportation Division Ach~ninistrator iDATE: April . . , 2004 Attachment: Easement Use Agreement Agenda Item No. 16B2 April 27th, 2004 Page 1 of 4 Item Number Item Summary Meeting Date Approved By J;~hn Vliet Tra~.sportion Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B2 Request the Board approve and authorize the Chairman to sign, an easement use agreement, allowing homeowners to continue using a permitted cabana which was constructed within a public utility & drainage easement held by Collier County. 4/27/2004 9:00:00 AM Roads Maintenance Superintendant Road Maintenance Date 4i19/2004 12:02 PM Apl)roved By Jeff Ktatzkow County Manager's Office Assistant County Attorney County Attorney Office Date 4t20t2004 2:12 PM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 4/20/2004 3:07 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 4/20!2004 3:37 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4i20/2004 3:44 PM Agenda Item No. 16B2 April 27th, 2004 Page 2 of 4 EASEMENT 'USE AGREEMENT This Easement Use Agxeement (The "Agreement") is made tis of this of April, 2004, by and between If. ALBERT FORERO and MARIA C. FOREGO (hereinafter the "Foreros'), and COLLIER COUNTY (hereinafter "County'"). day WHEREAS, the Foreros are the current lee owners of that certain real property known as Lot 1, Block E, Wesflake, Unit No, 2, according to the Plat as recorded in Plat Btvok t0, Page 94, of the Public Records of Collier County, Florida (hereinafter the "Subject Property"); and WHEREAS, as set forth in Plat Book 10, Page 94, there is a 25 foot Public Utility & Drainage Easement held by Collier County which burdens the southernmost portion of the Subject Propert3' (hereinafter the "Easement"); and WHEREAS, the Foreros have constructed a cabana within the Easement, which cabana is directly above an existing drainage grate and pipe; and WHEREAS, the County has no present objection to the continued use of the cabana within its Easement, provided that the Foreros agree to the terms and conditions set forth below, which terms and conditions the Foreros agree to abide by. NOW, THEREFORE, h~ consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. 'lane a~)ve recitals are true and correct and are incorporated herein. 2. The Foreros will give the County whatever access the County requires to maintain the existing drainage grate and pipe, The Foreros agree to waive any claim of dmnage to the cabana arising out of the County's maintenance of the existing drainage grate and pipe, whether such 'damage is intentional or unJntcmtional. 3. '[he County agrees that until otherwise notified, the Forcros may' continue the use of the cabana within the Easement. The County' retains the right, however, in its sole discretion, to demand by writaen request that the cabana be removed from the Easement, w~ch the Foreros will do at their sole cost and expense within a reasonable time from receipt of such request. 4. This Easement Use Agreement shall be recorded in the Public Records of Collier County, Florida, a! the Foreros' sole cost and expense. This Agreement is intended to bind the parties, together with their respective successors, assigns and heirs. IN WITNESS WHEREOF, the parties hereto have executed this A~,n'eement as of the date first above written. Agenda Item No. 16B2 April 27th, 2004 Page 3 of 4 ATTEST: DW IGHFI' E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: __ Donna Fiala, Chaimaan WITNES~ZS~, (D/dff'~css'~g(nat ute ) Print Name: , , /' (..¢..,'/ ~, , W,tness (S~) . : & ,.~ a C. Forem Print Nme: STATE OF FLORIiDA COUNTY OF COLLIER The tbregoing Easement Use Agreement was ac ~knowledged before me, the undersigned authorib:, on this ~ day of April, 2004, by H. Alb~r[ Forero m~d Maria F~orero, who ( ) are personally known t° me or (uti'produced ~ltSvl~/l_: _ .,-~~ .... J.~V~,(.~ _JA¢C~~. as identification. Al: Jeff Assi and legal sufficiency: Klatzkow Counly Attorney Notary Public/State of Florida. Na,-,,e: , My CommissiOn exPi res: Agenda Item No. 16B2 April 27th, 2004 Page 4 of 4 EXECUTIVE SUMMARy Approve reimbursement to the City of Naples for thc Sandpiper Boulevard Intersection Improvements in the amount of $146,080.61. OBJECTIVE: To receive Board approval of a reimbursement to the City of Naples for the Sandpiper Boulevard Intersection Improvements in the amount of $146,080.61. CONSIDERATION: As part of the FY04 budget approval, $250,000 was budget for reimbursement to the City of Naples for Intersection Improvements located at Sandpiper Boulevard. The improvements have be'eh completed and the City of Naples has provided an invoice in the amount of $146,080.61 with supporting backup of all expenses for this project. Approval is needed from the Board of County Commissioners in ordcr for thc Finance Department to make payment to the City of Naples. FISCAL IMPACT: Funds in the amount of $146,080.61 are budgetcd in the Transportation Supported Gas Tax Fund under project 60115. Source of Funds m'e Gas Taxes. GROWTH MANAGEMENT: None RECOMMENDATION: That the County Board of Commissioners approve the reimbursement to the City of Naples in thc amount of $146,080.61 for the Sandpipcr Boulcvard Intersection Improvements. Agenda Item No. 16B3 April 27th, 2004 Page 1 of 18 Prepared by: Sharon Newman Transportation Account Supervisor Date: Reviewed and Approved by: Norman Feder, AICP Transportation Administrator Date: Agenda Item No. 16B3 April 27th, 2004 Page 2 of 18 Item Number Item Summary Meeting Date Approved By Norm E. Feder, AICP Transportion Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B3 Approve reimbursement to the City of Naples for the Sandpiper Boulevard Intersection Improvements in the amount of $146,080.61, 4/27/2004 9:00:00 AM Transportation Division Administrator Transportation Services Admin. Date 411312004 3:03 PM Approved By Susan Usher County Manager's Office Senior ManagementJBudget Analyst Office of Menagement & Budget 4/19/2004 3:48 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/20/2004 4:36 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4t20/2004 4:44 PM Agenda Item No. 16B3 April 27th, 2004 Page 3 of 18 CITY OF NAPLES 735 8TH STREET SOUTH NAPLES, FL 34102 (239) 213-1820 TO: BOARD OF COUNTY COMMISSIONERS INVOICE NO: 4527 COLLIER CO TRA/~S. SERVICES DATE: 3/25/04 2705 SOUTH HORSESHOE DRIVE NAPLES, FL 34104 CUSTOMER NO: 1264/58805 TYPE: IN - INTERLOCAL AGREEMENTS QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 STREET ENTRY IMPR. $ 146,080.61 CONSTRUCTION OF IMPROVEMENTS ON SANDPIPER STREET AT THE INTERSECTION OF US 41 FOR IMPROVED SAFETY AND .AESTHETICS. 1. ROADWAY AND RELATED DRAINAGE IMPROVEMENTS BONNESS CONTRACT:S120,357.42 2. MEDIAN I_~SCAPE IMPROVEMENTS: LANDSCAPE CONTR~CT:$14'890'34 3. STREET LIGHTING (FIXTURES): LU~C LIGHTING CONTRACT:~$6,750.00 -BENTLEY ELECTRIC CONTRACT:~$3,947.25 4. PAVEMENT SRIPING: TRAIN CONTRACT: $135.60 TOTAL CONTRACT TO BE INVOICED:$ 146,080.61 *NOTE: CITY IN-HOUSE COST TO INCLUDE DESIGN, SURVEY, LAYOUT, CEI, ETC. NOT INCLUDED IN THE ABOVE. 146,080.61 CALL AAI-NETTE.AT (239)213-1820 IF YOU HAVE QUESTIONS ABOUT THIS INVOICE. TOTAL DUE: 146,080.61 PLEASE DETACH A.ND SEND THIS COPY WITH REMITTANCE DATE: 3/25/04 DUE DATE: 3/25/04 CUSTOMER NO: 1264/58805 NAME: BOARD OF COUNTY COMMISSIONERS TYPE: IN - INTERLOCAL AGREEMENTS REMIT ~ MAKE CHECK PAYABLE TO: CITY OF NAPLES 735 8TH STREET SOUTH NAPLES FL 34102 INVOICE NO: 4527 TERMS: NET 0 DAYS AMou~g'enda Item ~9; d~76~% 1 April 27th, 2004 Page 4 of 18 88888o88oo88888o8o88 oo~o8oo~oo~o8o~8~8 ~~~o888888o8ooo 88888808800000080888 ~~~ooo888oo ~O0000000000000000000 o o .o o o o ~ ~ .o o .o .~ .o .o ,~ '~ ~ ~ o ~ ~- o~o~oo/~d~ April Page o o o 0 0 0 o o o o o o ~ Cama~a 16:24 (45o) V~nclu i I Sold to City Of Naples A~nt Payable 735 Eigh~ St. South Naples, FL U.S.A. 33940 ICli~nl No. P.I~5 Page 1 of Naples Gateway FDOT Exlension (18850) No. ¢ommande No. ~ CU5364 Ord~ No. 72800 Pack~g sre N~ 39996 RECEIVED SEP 1 0 2002 FINANCE DEP-f ~.~,swto RECEIVED City of Naples SEP 1 I 21102 Engineering Division 2so Riva~side cirdeENG INEERING Napl~, FL UnE~ States ~102 cc~s / P~ 270 ~"~ t Pak~e~lSkids20 c 1" i~., IB-2-WHTX-LMS13390a D 1-58 ~400MH-CA22-3-480-wl-rI'X-LM S 13390A D I ~ iB-'I A-V~ITX-LM $133943A I 1._ [Touch-up Kit / Ensemble de reteuche couteur I ",1 ILot Price I Prix de Lot i"C J incl] inc~ 320,491.50~ M~d,k4el rmdm Aucu~ matMte4 ne paul Mre remuma rmem aub~eatian ~:.~. I I/2 % per manlh inlermd an c~rdue Lumec lac. T.P.S. I G.S.T. # R-103414~ T.V.Q I p.S.T, ff. 10~4t.10~ Agend~A. c;ient / customer April 27th, 2004 Page 6 of 18 i ii I dENTLEY ELECTRIC P.O. BOX 10572 NAPLES, FL 34101 Phone:(941) 643-5339 Fax:(94I) 643-3685 Bill To CITY OF NAPLES 280 RIVERSIDE CIILCLE Naples, Fl 34102-6703 ATT'N: PARKS & PARKWAY DrvISION RECE1VED ENGINEEBING Invoice Date Invoice # 11/512001 6626 P.O. Number Project Quantiy Description Rate Amount FURNISH]ED LABOR AND MATERIAL TO EqSTALL STREET LIGHTING AT DAVIS BLVD. ANrD US41. INSTALLED EIGHT (8) LUMEC FIXTURES. · SEE ATTACHED 161 AUGER TRUCK W/OPE~TOR 229 ELEC~CI~ PAST D. UE Thank you for your business. Total 2,3.80.0O 476.00 50.00 30.00 2,380.00 476.00 800.00 6,870.00 $10,526.00 Agenda Item No. 161:13 April 27th, 2004 Page 7 of 18 iii 5~_P-11-~ 16:24 P.~ Trulwvin .Industries Ino INVOICE/ROAD LF PW12 XANAI.K 12'~,;I,"TEPAI~,t~~ 0.70 91.~0 0.15 1GSQ 0.1,5 174.30 '-~ 9,7Q0 LF py 8SK 10~0 ~- y~J.~W SKIP (15.25) PAINT 0.1,5 8TH^VE $ " Agenda Item No. 16B3 April 27th, 2004 Page 8 of 1 TOTAL P. IDG S~R-11-~3 16:23 CG SUMMARY COMMUNITY SERVICES COST FOR US41-SAN DPIPER PROJECT: ~TRACT WORK: Hannula Laadscaping Berscn Nursery / $4,351.00 Forestry Resources Maria¢ LUmb~r Supply Scrvic~ Labor SUBTOTAL $ 938.00 $4,272.11 $ Approved Date Agenda Item No. 16B3 April 27th, 2004 Page 9 of 18 HANNULA LANDSCAPING, INC. TAX ID 65-0375795 28131 QUAILS NEST LANE BONITA SPRINGS, FL 34135-6932 (941) 992-2210 city Accounts Payable Z80 Riverside Ci~'cle Nc~ies, FL 34102 Invoice 3945 027339 Net 30 PO:/H327339 - SANI)PIPER STREET tO. Washingtonia Palms and Tn=ffic Control Thank you for your business. Agt'rJ~a"J~. N o. 16B3 April 27th, 2004 .... Page 10 of 18 6370 Hunters Road -. Naples, Iorid~ (239) 566-7058 (239) ~r:d6~ · Agenda Item No. 16B3 April 27th, 2004 Page 11 of 18 BILL ~ O: C~TY, >F NAPLES,PARKS 280 R YERSIDE CIRCLE NAPL[~S FL t 34102 Phone 9412137114 - i ~E~! T'3ER # - -r. S--~i~E~O~IDMatt I~itler . ... p~O~ ]33487 :EY DESCRIPTION PINE,AUSTRALIAN 2 CU' Check#/Cradlt Cad #/PO # 33487 DATE 1/21103 NvO CE # SHIP TO: Payment Amount 938.130 ' 7o°.o oj T~]~ .... 1' S~lp DATE NET 30 DAYS ] 1121/03 PRICE 1.34 SUBTOTAL TAX TOTAL SALE 10TAL PAYMENTS BALANCE DUE AMOUNT 938.00 938.00 0.00 938.00 .0.00 g38.00 RettJms returns All retur repaire<: Custom( must be made wffh~n 30 days of the purchase date and rpust be accompamed by a receipt. Merchandise nust be unused and have original packaging and information. . 3s will be inspected by management b(Tfore a return is auJlhorized. Items with a menufacturer's warranty will be or replaced at the manufacturer's discretion. No refund~ will be issue~J for special o~der items / Signature for Receipt Agenda Item No. 16B3 April 27th, 2004 Page 12 of 18 I I I ttachment for Journal Voucher geqtaest Form ~Sandpiper CUP I. Materials (me attached invoices) H. F_a~loyce Payroll 1/24/03 thru 2/18/03 Strawdc~, Jason 30.0 hours (~l $12.97 20.0 hours (~ $12.97 1/24/03 1/25/03 Hexmndez, Arman~ g.0hours (~$15.76 = overli. _me 12.0 hours t~ $15.76 -- 1/24/03 BtTan, Bruce 1/25/03 overtime i$.0 houm ~$I431 = t2.0 hours ~'$14.31 -- Sub Total = X 26% Fringe = Total Labor = Hourly rate includes hours lost to vacation, ,sick leave and ~g. Contract - Tempora~ Labor (see attached ~nvoiees) TOTAL = $2,242.20 399.10 259.40 126.08 189.12 114.4g 3249.90 324.97 $1,574.87 $__ 455.O4 $4,272.11 Agenda Item No. 16B3 April 27th, 2004 Page 13 of 18 MARINE LUMBER SUPPLY, INC. "W'HERE THE PROFESSIONAL SHOPS" 3750 EXCHANGE AVENUE NAP. LES, FLORIDA 34104 TOLL FREE 1-800-643-2813 FAX (239) 643-6561 (239) 643-2813 SOLD TO: C I TYO 5 ~.'t. i ty Ol ?55 ~'l.'h 51i'. 04--.0(';00,.~-. 07- 21 MAIL COPY INVOICE NUMBER INVOICE DATE SALESPERSON NO. DUE DATE PAGE l' .I.r). ?: 3.02. 1';:. 0/. 02 .L~). '2;$. 02 l i.: :)3 CKD. BY TA TD INI 298. .58. 26. :5~x .84 ... Agenda Item No. 16B3 April 27th, 2004 Page 14 of 18 MARINE LUMBER SUPPLY, 'INC.' 'WHERE THE PROFESSIONAL SHOPS" , :, 3750 EXCHANGE AV. ENUE NAPLES, FLOBIDA~J~104 TOLL FREE 1-800-643-2813 FA~X (239) 643-6561 (239) 643-2813 SOLD TO: C tI 1' ..ZSOa,d,o-.~L MAIL COPY :lNVr_jlrj INVOICE NUMBER ;.,: / :.,,; '.:. ',~ INVOICE DATE , ~',., ,.; ,, ... ~, ~;." SALESPERSON NO. DUE DATE PAGE ! i ~l-:': ;7 :: 'j '", ~-~i'-I ~..~0. BY TA TD INI 1.1 7~,. 04; Agenda ~';.~~:'' April 27th, 2004 Page 15 of 18 MARINE LUMBER SUPPLY,~. "WHERE THE PROFESSIONAL SHI~PS" 3750 EXCHANGE AV. ENUE ' NAPLES, FLOR|DA"3¢4104 ' TOLL FREE 1-800-643-2813 FAX (239) 643-6561 (239) 643-2813 MAIL COPY INVOICE NUIvlBE ~ INVOICE DA,_~ :,'" S .L Sr'E. SON ' DUE DAFE PAGE Agenda Item No. 16B3 April 27th, 2004 Page 16 of 18 M_wA~RINE LUMBER s(JP, PL,Y,';:iNC;.'' -, .- ~, .'. '~ .. ; - HERE THE PROFESS '.I~NAL'SH~ .O~..~':' -{.~.'~ 'i';.'. ':t"'.i. "*~'~i~i?;''" "[': ." CUSTOMER COPY ..... INVOICE INVOICE NUMBER. INVOICE DATE SA-a-a-a-a-a-a-a-a-~. S P E R SO N NO, . DUE DATE PAGE' .190270 02.19.05 '5 04,.05.0~ O2.19~. 03 --8 :-52 ,OM TA' 'ID INI Agenda Item No. 16B3 April 27th, 2004 Page 17 of 18 MARINE EtJMBEF{ SuPPLY,'INC; · ~NHERE THE PROFESSIONAL SHOPS" . 3750 EXCHANGEAVENUE "". NAPLES/FLORIDA 34104 - .- TROLL FREE 1~0~643~2813- · FAX (239) 643-6561 '..- · '(23g) 64~2813 -SOU:)rr6:. ·_ '..' :" .. '.'..czTy03' ~'~ . .' ...-' ;~ - . C~'ty Of Napl'es · ~ .... 7,35 8th S~..":S0uth Naples, 'FL. 54102 i. o4-o°°o -o7,2 . P .,0.1S32515 CUSTOMER COPY ' .INVOICE INVOICE NUMBER INVOICE DATE 'SALESPERSON NO. DUE DA~E ~GE ''' Time 190268 02.19.0~ 5 04.05'.0~ 02.19.0~ 1 8:~.~M CKD; BY iN{ >,.,,- /3 o/ ¢ 7A~l/e~d~tem No. 16B3 April 27th, 2004 Page 18 of 18 EXECUTIVE SUMMARY Request the board approve the installation of a traffic signal at the intersection of Collier Boulevard and Business Circle South at an annual maintenance cost of approximately $3,500. OBJECTIVE: To request the Board approve a fully actuated traffic signal be constructed, activated and maintained at the intersection of Collier Boulevard and Business Circle South in accordance with any and all applicable Federal, State, and County standards and specifications governing such traffic control devices. CONSIDERATIONS: Florida Statute 316.006 provides that the County "may place and maintain such traffic control devices which conform to the manual and specifications of the Department of Transportation upon all streets and highways under their original jurisdiction as they shall deem necessary...to regulate, warn or guide traffic." A traffic engineering study, pcrft)rmcd and approved by a Professional Engineer registered to practice in the State of Florida, has concluded with the determination that the subject intersection meets the minimum warrants for sign~dization, as set forth in the Manual on Uniform Traffic Control Devices. Staff of the County s Traffic Operations Section concurs with that determination and installation of a traffic signal at tlfis location is within Collier County Access Management Guidelines. FISCAL IMPACT: All costs associated with the design and construction of the traffic signal installation will be borne by the developer of the Wal-Mart Market Center PUD. Upon inspection and acceptance, Collier County will assume responsibility for the operation and maintenance of the signal, including electricity billing, at an average annual maintenance cost of approximately $3,500 per signal location, paid for through the normal Traffic Signal Maintenance, electricity, and Signal Section personnel funds in the annual Traffic Operations 101 Funds budget. GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve a fully actuated traffic signal be constructed, activated and maintained at the intersection of Collier Boulevard and Business Circle South in accordance with any and all applicable Federal, State, and County standards and specifications governing such traffic control devices. Agenda Item No. 16B4 April 27th, 2004 Page I of 2 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B4 Request the Board approve the installation of a traffic signal at the intersection of Collier Boulevard and Business Circle Drive South at an annual maintenance cost of approximately $3,500. 4/27/2004 9:00:00 AM Prepared By Robert W. Tipton, P.E. Transportion Services County Traffic Operations Engineer Traffic Operations/ATM Approved By Jeff K~atzkow County Manager's Office Assistant County Attorney County Attorney Office Date 411612004 8:18 AM Approved By Diane B. Fl~gg Transportion Services Traffic Operations and Alt Trans Modes Director Traffic Operations/ATM Date 4/16/2004 6:30 PM Approved By Sharon Newman Transportion Sep~ices Accounting Supervisor Transportation Adn'tinistration Date 4120/2004 3:25 PM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 4/20/2004 1:58 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of l'4Janagement & Budget Date 4/20f2004 2:44 PM Approved By James V. Mudd IBoard of County Commissioners County Manager County [r~anager's Office Date 412012004 3:35 PM Agenda Item No. 16B4 April 27th, 2004 Page 2 of 2 EXECUTIVE SUMMARY Board Approval of Adopt-a-Road Program Agreements at the Board of Commissioners Meeting on April 27, 2004 OBJECTIVE: To approve for execution by the Board of County Commissioners Agreements signed by the volunteer groups of certain adopted roadways under the Collier County Adopt-a- Road Program. CONSIDERATIONS: That the volunteer groups so named be recognized as the sponsors of the particular segments of roadway named in the Agreements, to perform litter removal in accordance with instructions contained in the Agreement. FISCAL IMPACT: The cost of a roadside sign at either end of the roadway segment listing the volunteer group as sponsor and responsible for keeping the area free of litter. The cost of these signs is $75.00 per sign and taken from the Transportation Services Fund (101) and source of funds are Ad Valorem Taxes. RECOMMENDATION: That the Board of County Commissioners recognize the volunteer groups listed on the Agreements as the sponsors of the listed roadways and the Chairman execute the Agreements on behalf of Collier County. Agenda Item No. 16B5 April 27th, 2004 Page 1 of 18 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMiSSiONERS 16B5 Board approval of Adopt-a-Road Program Agreements at the Board of County Commissioners meeting April 27, 2004. 4/27/2004 9:00:00 AM Prepared By Margaret A, Ramos Transportion Services Administrative Assistant Road Maintenance Approved By John Vliet Transportion Services Roads Maintenar~ce Superintendant Road Maintenance Date 4t16/2004 8:31 Approved By Sharon Newman Transportion Services Accour~ting Supervisor Transportation Administration Date 4/2012004 3:16 PM Approved By Jacqueline W. Hubbard County Manager's Office Assistant County Attorney County Attorney Office Date 4/20!2004 3:28 PM Approved By Norrn E. Fader, AICP Transportion Services Transportation Division Administrator Transportation Services Admin, 4/20/2004 1:51 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/20/2004 4:23 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/20/2004 4:33 PM Agenda Item No. 16B5 April 27th, 2004 Page 2 or 18 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this __day of ,2004, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY", and thc volunteer group, YOUR CHILD CARE,. heinafter called the "GROUP"). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire k~r litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of maintaining a litter-free Collier County. WHEREAS, by signature below, the GROUP agree to adopt the segment of roadway known as AIRPORT-PULLING ROAD from U.S. 41 to RADIO ROAD.and acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP SHALL: 1. Participants in the GROUP agree to obey and abide by all laws and regulations relating to safety on a particular adopted roadway section. 2. Perform litter removal on the Adopted Roadway Section in accordance with the Florida Department of Transportation's Accident prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such person to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participating youths must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 youths, ages 14-17, who is participating in the litter removal activity. There shall at all times be at least one person 18 years of age or older who is generally responsible for supervising all litter removal activities. 4. Not bring persons to observe the activity if the person is under the age of 14 and is not an official participant. 5. The GROUP shall conduct at least two safety procedure meetings per year for its participating members. Participants must sign a hold harmless Agreement, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the Collier County Adopt-a-Road contact and set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. 8. The GROUP shall perform Jitter-pick-up on one side of the road at a time. 9. Remove litter during daylight hours only. Agenda Item No. 16B5 April 27th, 2004 Page 3 of 18 10. Not pick up litter at construction sites, in tunnel or on median. 11. The GROUP shall park all vehicles well clear of the adopted roadway and at least 20 feet from the edge of the payment. 12. The GROUP hereby adopts a section of road at least two miles long for a two- year period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. 14. The Group shall obtain required supplies and material from the County. ~5. Traffic Control signs supplied by the COUNTY will be placed by the GROUP during trash pickups. 16. The GROUP participants shall wear COUNTY supplied and approved safety vests while on the road right-of-way. 17. Ensure that all participants wear safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 20. The GROUP shall place filled trash bags at the adopted site sponsor signs for pickup and disposal by the COUNTY as soon as possible thereafter. 21. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports and should be filed with the COUNTY project coordinator. 22. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the organization, which the volunteer group represents. 23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to the COUNTY within two workdays following cleanup or, (2) with COUNTY Coordinator's permission, be retained by the GROUP during Agreement period. THE COUNTY SHALL: 1. Provide safety vests, trash-bags, pick-up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety regulations. 3. Remove the filled trash-bags as soon as possible after the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. If, in the sole Judgment of the County Project Coordinator, it is found that the adopting GROUP is not meeting the terms and conditions of this Agreement, the The adopting GROUP may also, upon 30 days notice, terminate this Agreement if they are no longer able to meet the terms and conditions of the Agreement. In this event, the Agenda Item No. 16B5 April 27th, 2004 Page 4 of 18 GROUP is responsible for immediately returning all County-owned materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as Airport-Pulling Road from U.S. 41 to RADIO ROAD and the GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter-free environment in the community for a period beginning February 1, 2004 and ending January 31, 2006 (minimum of two years). The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and ifs officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person performing litter removal as part of the GROUP during the performance of the Agreement whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither the GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement for any reason upon 30 days notice. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the date and year written above COUNTY: ATYEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By. DONNA FIALA, Chairman Agenda Item No. 16B5 April 27th, 2004 Page 5 of 18 GROUP: GROUP: YOUPxCHILD CARE ~ ~ ,President Group's Premdent (print) Group's Adopt-A-Road Chairma? (print) Group's Adopt-A-Roakl Chairman's Address Phone # (day) Phone # (night) Approved as to form and legal sufficiency: Jacqudinc Hubbard Robinson Assistant County Attorney Agenda Item No. 16B5 April 27th, 2004 Page 6 of 18 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT · Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this day of ,2003, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer group, FIRST ASSEMBLY OF GOD (hereinafter called the "GROUP"). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of maintaining a litter-free Collier County. WHEREAS, by signature below, the GROUP agree to adopt the segments of roadway known as C. R. 951 from RATrLESNAKE-HAMMOCK ROAD TWO MILES NORTH and acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP SHALL: 1. Participants in the GROUP agree to obey and abide by all laws and regulations relating to safety on a particular adopted roadway section. 2. Perform litter removal on the Adopted Roadway Section in accordance with the Florida Department of Transportation's Accident prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such pers.on to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participating youths must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 youths, ages 14-17, who is participating in the litter removal activity. There shall at all times be at least one person 18 years of age or older who is generally responsible for supervising all litter removal activities. 4. Not bring persons to observe the activity if the person is under the age of 14 and is not an official participant. 5. The GROUP shall conduct at least two safety procedure meetings per year for its participating members. Participants must sign a hold harmless Agreement, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the Collier County Adopt-a-Road contact and set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. 8. The GROUP shall perform litter-pick-up on one side of the road at a time. Agenda Item No. 16B5 April 27th, 2004 Page 7 of 18 9. Remove litter during daylight hours only. 10. Not pick up litter at construction sites, in tunnel or on median. 11. The GROUP shall park all vehicles well clear of the adopted roadway and at least 20 feet from the edge of the payment. 12. The GROUP hereby adopts a section of road at least two miles long for a two- year period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. 14. The Group shall obtain required supplies and material from the County. 15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP dur/~g trash pickups. 16. The GROUP participants shall wear COUNTY supplied and approved safety vests while on the road right-of-way. 17. Ensure that all participants wear safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic ctml~ ,~)1 signs and litter collection bags at least five (5) days prior to litter removal activity and ~-cturn the same when activity is complete. 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 20. The GROUP shall place filled trash bags at the adopted site sponsor signs for pickup and disposal by the COUNTY as soon as possible thereafter. 21. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports and should be filed with the COUNTY project coordinator. 22. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the organization, which the volunteer group represents. 23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to the COUNTY within two workdays following cleanup or, (2) with COUNTY Coordinator's permission, be retained by the GROUP during Agreement period. THE COUNTY SHALL: 1. Provide safety vests, trash-bags, pick-up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety regulations. 3. Remove the filled trash-bags as soon as possible after the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. If, in the sole Judgment of the County Project Coordinator, it is found that the adopting GROUP is not meeting the terms and conditions of this Agreement, the Agenda Item No. 16B5 April 27th, 2004 Page 8 of 18 COUNTY may terminate this Agreement. The COUNTY reserves the right to modify or cancel the program at any time. The adopting GROUP may also, upon 30 days notice, terminate this Agreement if they are no longer able to meet the terms and conditions of the Agreement. In this event, the GROUP is responsible for immediately returning all County-owned materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as C.R. 951 from Rattlesnake-Harmnock two miles north and the GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter-free environment in the community for a period beginning April 1, 2004 and ending March 31, 2006 (minimum of two years). The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person performing litter removal as part of the GROUP during the performance of the Agreement whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither the GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement for any reason upon 30 days notice. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the date and year written above COUNTY: ATYEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By. DONNA FIALA, Chairman Agenda Item No. 16B5 April 27th, 2004 Page 9 of 18 GROUP: GROUP' H~A~LY OF GOD : ~// ' ' [',,.L/ ,President Groui~'s President {print) Group s Adopt-A-Road Chairman (print) Group's Adopt-A-Road Chairman's Addreas Phone # (day) Phone # (night) Approved as to form and legal sufficiency: Jacquelinc Hubbard Robinson Assistant County Attorney Agenda Item No. 16B5 April 27th, 2004 Page 10 of 18 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this __day of ,2003, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer group, HARRISON.BARRY (heinafter called the "GROUP"). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of maintaining a litter-free Collier County. WHEREAS, by signature below, the GROUP agree to adopt the segment of roadway known as WEBER BOULEVARD, SOUTH and acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP SHALL: 1. Participants in the GROUP agree to obey and abide by all laws and regulations relating to safety on a particular adopted roadway section. 2. Perform litter removal on the Adopted Roadway Section in accordance with the Florida Department of Transportation's Accident prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such person to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participating youths must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 youths, ages 14-17, who is participating in the litter removal activity. There shall at all times be at least one person 18 years of age or older who is generally responsible for supervising all litter removal activities. 4. Not bring persons to observe the activity if the person is under the age of 14 and is not an official participant. 5. The GROUP shall conduct at least two safety procedure meetings per year for its participating members. Participants must sign a hold harmless Agreement, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the Collier County Adopt-a-Road contact and set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. 8. The GROUP shall perform litter-pick-up on one side of the road at a time. 9. Remove litter during daylight hours only. 10. Not pick up litter at construction sites, in tunnel or on median. Agenda Item No. 16B5 April 27th, 2004 Page 11 of 18 11. The GROUP shall park all vehicles well clear of the adopted roadway and at least 20 feet from the edge of the payment. 12. The GROUP hereby adopts a section of road at least two miles long for a two- year period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. 14. The Group shall obtain required supplies and material from the County. 15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP during trash pickups. 16. The GROUP participants shall wear COUNTY supplied and approved safety vests while on the road right-of-way. 17. Ensure that all participants wear safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 20. The GROUP shall place filled trash bags at the adopted site sponsor signs for pickup and disposal by the COUNTY as soon as possible thereafter. 21. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports and should be filed with the COUNTY project coordinator. 22. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the organization, which the volunteer group represents. 23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to the COUNTY within two workdays following cleanup or, (2) with COUNTY Coordinator's permission, be retained by the GROUP during Agreement period. THE COUNTY SHALL: 1. Provide safety vests, trash-bags, pick-up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety regulations. 3. Remove the filled trash-bags as soon as possible after the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. If, in the sole Judgment of the County Project Coordinator, it is found that the adopting GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement. The COUNTY reserves the right to modify or cancel the program at any time. Agenda Item No. 16B5 April 27th, 2004 Page 12 of 18 The adopting GROUP may also, upon 30 days notice, terminate this Agreement if they are no longer able to meet the terms and conditions of the Agreement. In this event, the GROUP is responsible for immediately returning all County-owned materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as Weber Boulevard, South and the GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter-free environment in the community for a period beginning April 1, 2004 and ending March 31, 2006 (minimum of two years). The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person performing litter removal as part of the GROUP during the performance of the Agreement whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither the GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement for any reason upon 30 days notice. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the date and year written above COUNTY: AIl'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By Deputy Clerk DONNA FIALA, Chairman Agenda Item No. 16B5 April 27th, 2004 Page 13 of 18 GROUP: GROUP: ~RISON-BARRY BY: ~- /~ ,President Group's President (prin0 Group's Adopt-A-Road Chairman (p~nt) P~o.t ~ (dl~) ~o.~ ~ (~ight) Approved as to form and legal sufficiency: Jacqu¢line Hubbard Robinson Assistant County Attorney Agenda Item No. 16B5 April 27th, 2004 Page 14 of 18 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this day of ,2004, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer group, SCOTT GUNDECK, GENERAL CONTRACTOR,. heinafter called the "GROUP"). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the cff~;r* of maintaining a litter-free Collier County. WHEREAS, by signature below, the GROUP agree to adopt the segment of r~a~:~ ay known as DESOTO BLVD. from 18TM AVE SE to 34TM AVE SE.and ack, owledges the hazardous nature of picking up litter, and agrees to the following terms anti conditions: TIlE GROUP SHALL: 1. Participants in the GROUP agree to obey and abide by all laws and regulations relating to safety on a particular adopted roadway section. 2. Perform litter removal on the Adopted Roadway Section in accordance with the Florida Department of Transportation's Accident prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such person to particip, ate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participating youths must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 youths, ages 14-17, who is participating in the litter removal activity. There shall at all times be at least one person 18 years of age or older who is generally responsible for supervising all litter removal activities. 4. Not bring persons to observe the activity if the person is under the age of 14 and is not an official participant. 5. The GROUP shall conduct at least two safety procedure meetings per year for its participating members. Participants must sign a hold harmless Agreement, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the Collier County Adopt-a-Road contact and set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. 8. The GROUP shall perform litter-pick-up on one side of the road at a time. Agenda Item No. 16B5 April 27th, 2004 Page 15 of 18 9. Remove litter during daylight hours only. 10. Not pick up litter at construction sites, in tunnel or on median. 11. The GROUP shall park all vehicles well clear of the adopted roadway and at least 20 t...-ct from the edge of the payment. 12. The GROUP hereby adopts a section of road at least two miles long for a two- year period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. '14. The Group shall obtain required supplies and material from the County. 15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP during trash pickups. 16. The GROUP participants shall wear COUNTY supplied and approved safety vests while on the road right-of-way. 17. Ensure that all participants wear safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic ct~:~ :- ~1 signs and litter collection bags at least five (5) days prior to litter removal activity ant! ~ :~urn the same when activity is complete. 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's project coordinator at lc ~tst one week prior to a pickup. 20. The GROUP shall place filled trash bags at the adopted site sponsor signs for pickup and disposal by the COUNTY as soon as possible thereafter. 21. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports and should be filed with the COUNTY project coordinator. 22. The GROUP is encouraged to separate recyclable materials. All proceeds from rcdemption of recyclable materials shall become the property of the organization, which the volunteer group represents. 23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to the COUNTY within two workdays following cleanup or, (2) with COUNTY Coordinator's permission, be retained by the GROUP during Agreement period. THE COUNTY SHALL: 1. Provide safety vests, trash-bags, pick-up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety regulations. 3. Remove the filled trash-bags as soon as possible after the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. If, in the sole Judgment of the County Project Coordinator, it is found that the adopting GROUP is not meeting the terms and conditions of this Agreement, the The adopting GROUP may also, upon 30 days notice, terminate this Agreement if they are no Agenda Item No. 16B5 April 27th, 2004 Page 16 of 18 longer able to meet the terms and conditions of the Agreement. In this event, the GROUP is responsible for immediately returning all County-owned materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as Desoto Blvd. from 18th Ave. SE to 34th Avenue SE and the GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter-free environment in the community for a period beginning February 1, 2004 and ending January 31, 2006 (minimum of two years). The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and ifs officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person performing litter removal as part of the GROUP during the performance of the Agreement whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither the GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement for any mason upon 30 days notice. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the date and year written above COUNTY: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By. Deputy Clerk DONNA FIALA, Chairman Agenda Item No. 16B5 April 27th, 2004 Page 17 of 18 GROUP: GROUP: SCOTT GUNDECK, GENERAL co~rr3~.~ ,_~ Group's P~residen.t (pri~t) G~up's Adopt-A-Road C~aim~n ~3q z~ Group's Adopt-A-Road ~Ph~ne ~ (day) Phone ~ (niOt) Approved as to form and legal sufficiency: Jacqueline Hubbard Robinson Assistant Count), Attorney Agenda Item No. 16B5 April 27th, 2004 Page 18 of 18 EXECUTIVE SUMMARY Request the Board to approve a landscape installation and maintenance agreement between Brynwood Preserve Residents Association and Collier County for landscaping within the right-of-way on Livingston Road. OBJECTIVE: For the Board to approve enhanced landscaping along Livingston Road, a County Road, and to assure adequate landscape. CONSIDERATION: The Agreement for enhancements to Livingston Road is attached to this Executive Summary (Attachment No. 1). The Agreement permits the installation of an enhanced landscaping and irrigation installation. The Agreement provides for future ongoing maintenance of all improvements within the County's right-of-way. The future owners within Brynwood Preserve will be financially responsible for the maintenance and future replacement of the Improvements. The County has the right, under the Landscape Maintenance Agreement, to direct the Brynwood Preserve Residents Association to make any necessary repairs or, if the County' s direction is not complied with, to make the repairs and bill the Brynwood Preserve Residents Association. Further, the Agreement indemnifies the County from any action on the part of the developer or the property owners association that might be detrimental to the County. Finally, the Agreement incorporates a set of Maintenance Specifications that the developer and the property owners association must comply with. FISCAL IMPACT: There is no fiscal impact as a result of these Agreements. All expenses associated with the improvements and the related ongoing maintenance shall be the responsibility of the developer and the property owners association. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve the attached Agreement and authorize the Chairman to execute it on behalf of the Board. Agenda Item No. 16B6 April 27th, 2004 Page I of 62 Item Number Item Summa~ Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B6 Request the Board to approve a landscape installation and maintenance agreement between Brynwood Preserve Residents Association and Collier County for landscaping within the right-of-way on Livingston Road. 4!27f2004 9:00:00 AM Prepared By Pamela J. Lulich Transportion Services Project Manager Traffic Operations/ATM Approved By Jeff Klatzkow County Manager's Office Assistant County Attorney County Attorney Office Date 4/1312004 3:07 PM Approved By Pamela J. Lulich Transportion Services Project Manager Date Traffic Operations/ATM 4/1312004 3:11 PM Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 4/14/2004 8:22 PM Approved By Diane B. Flagg Transportion Services Traffic Operations and Alt Trans Modes Director Traffic Operations/ATM Date 4/1612004 5:19 PM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 412012004 3:21 PM Approved By Michael Smykowskl County Manager's Office Management & Budget Director Office of Management & Budget Date 4/20/2004 5:51 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/21/2004 9:04 AM Agenda Item No. 16B6 April 27th, 2004 Page 2 of 62 LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this day of ,2004, by and between Collier County, Florida, a political subdivision of the State of Florida whose mailing address is 3301 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the "County"), and Brynwood Preserve Residents' Association, Inc., a Florida not-for- profit corporation, whose mailing address is: c/o IPM, 3435 10'h St. North, Suite 201, Naples, FL 34103 (hereinafter referred to as the "Association"). RECITALS: WHEREAS, County is the owner of that certain right-of-way located in Collier County, Florida and known as Livingston Road (hereinafter referred to as "Road"); and WHEREAS, Section IV-B- 12 of the Construction Standards Handbook for Work Within The Public Rights-Of-Way, Collier County, Florida (2003) provides as follows: Permitting The responsible property owner or his authorized agent must apply for a "Permit to Perform Work and/or Maintenance in Public Rights-of-way". Landscaping Permit Within the public rights-of-way: A private owner, Developer or civic or homeowners'association desiring to landscape within a public right-of-way shall submit a landscape and irrigation construction documents prepared by a licensed landscape architect for County review. The Permit application shall include three (3) sets of detailedplans indicating the existing right-of-way facilities and the type and location of the proposed plantings, location of electrical and irrigation systems(s). After acceptance of the landscape and irrigation plans, a landscape agreement shall be prepared by the contracting parties and approved by the County attorney's office. (See Appendix for example) The purpose of the landscape agreement is to ensure that the Permittee, or his successors or assign, shall be responsible to maintain such material and irrigation system until removed or unless otherwise specified; and WHEREAS, in keeping with the above, the Developer of Brynwood Preserve applied for a Landscaping Permit Within the Public Rights-of-Way, and submitted landscape and irrigation construction documents prepared by a licensed landscape architect for County review. A copy of this Permit and the plans are attached hereto as Schedule "A". The Association shall follow the Collier County Maintenance specifications attached as Schedule "B". NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1 of 4 Agenda Item No. 16B6 April 27th, 2004 Page 3 of 62 1. County hereby grants to the Association the fight to use those portions of the Road depicted in Schedule "A", for the sole purpose set forth in Schedule "A". 2. The Association agrees to maintain the improvements set forth in Schedule "A" (hereinafter referred to as "Improvements") at its sole cost and expense, until such time as the County executes a release from indemnification as discussed below. 3.' Should the Association fail to construct or maintain the Improvements in accordance with Schedule "A" or law, the County may provide notice to the Association in writing, specifying the nature of the deficiency. Within five working days following receipt of such notice, the Association at its sole cost shall cause the appropriate repairs or cure to be effected. In the event damage to, or failure to maintain the Improvements results in a situation where public safety is at risk, (1) the Association shall effect repairs within twenty-four hours of receipt of the County's written notice, or (2) the County may, at its option, effect repairs to the Improvements, without the need for prior notice to the Association, and will promptly bill the Association for all actual costs incurred in effecting the repairs. The Association shall reimburse the County for such costs within thirty days of receipt of the County' s bill. 4. The Association, as Indemnitor hereunder, shall indemnify and save harmless the County, as Indemnitee hereunder, including all employees of the County, from any loss or damages Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs of litigation, against the County arising out of the Association's use of the Road for the purposes set forth in this Agreement, including the construction and removal of the Improvements. The Indemnitee shall not undertake to settle any lawsuit or threatened lawsuit that could give rise to Indemnitor's obligation hereunder without the prior consent of Indemnitor, such consent to not be unreasonably withheld. 5. The indemnity provided for by this Agreement will extend from the date of this Agreement until such time as the parties hereto acknowledge in writing that the Association has ceased to use the Road for the purposes stated within this Agreement and the Road has been restored as set forth below, at which time, following receipt of the Association's written request, the County will execute a release from indemnification in favor of the Association. 6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the County in connection with this Agreement, within thirty days of the date that County is aware of such claim. 7. Unless terminated as set forth below, this Agreement shall remain in full force and effect in perpetuity from the date first set forth above, and shall be binding upon the parties and all their successors in interest. The Agreement may be freely terminated as of right by either party, with or without cause, upon written notice to the Other. If the Association exercises this right, or if the County exercises this right based upon the Association's substantial breach of this Agreement, then upon written demand by County, the Association, at its sole cost and expense, shall remove the Improvements and will restore the Road to the condition that existed immediately prior to the 2 of 4 Agenda Item No. 16B6 April 27th, 2004 Page 4 of 62 effective date of this Agreement. If the County exercises this right, or if the Association exercises this fight based upon the County's substantial breach of this Agreement, then the County will be responsible for any removal of the Improvements or restoration of the Road. Except for the above, neither party will be liable to the other for any damages or claims rcsulting from the termination of this Agreement. 8. In the event either party hereto shall institute legal proceedings in connection with, or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees, at both trial and appellate levels. 9. This Agreement may be recorded by the County in the Official Records of Collier County, Florida. The Association shall pay all costs of recording this Agreement prior to the execution of this Agreement. A copy of the Recorded Agreement will be provided to the Association. 10. This Agreement is the entire agreement between the parties, and supercedes all previous oral and written representations, agreements and understandings between the parties. This Agreement shall be governed by the laws of the State of Florida, and may not be altered or amended in any way, save by written agreement signed by both parties. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK FOR SPECIAL CONDITIONS, IF ANY NONE 3 of 4 Agenda Item No. 16B6 April 27th, 2004 Page 5 of 62 In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: Dwight E. Brock, Clerk Donna Fiala, Chairman WITNESSES: Printed Name: BRYNWOOD PRESERVE ASSOCIATION, INC. By: John Steven Kempton Title: President RESIDENTS' Printed Name: STATE OF FLORIDA COUNTY OF LEE Signed and acknowledged on this day of February, 2004, before me, the undersigned notary public, by John Steven Kempton,, President of Brynwood Preserve Residents' Association, Inc. a Florida corporation not-for-profit, on behalf of the corporation. He [ ] is personally known to me or [ ] produced as identification. Notary Public Printed Name: My Commission Expires: Approved as to Legal Form and Sufficiency: Jeffrey A. Klatzkow Assistant County Attorney 4 of 4 Agenda Item No. 16B6 April 27th, 2004 Page 6 of 62 SCHEDULE "B" RIGHT OF WAY LANDSCAPE MAINTENANCE SPECIFICATIONS These specifications are intended to provide the information by which private entities may undcr~tand the minimum requirements of Collier County relative to maintaining County rights of wayg. Records of all specification requirements shall be kept and made available to the County's representative upon request. MOWING AND EDGING: Mowing and edging shall include medians as well as those areas, if existing, along the outside edge of the sidewalks of adjacent properties. All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost. Grass shall be cut at a height of three and one half inches (3 ½"). The frequency of cutting will be weekly or fifty-two (52) times. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all planting beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts, and trees. Metal blade edging is not permitted along back of curbing. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. All sidewalks, curbing and/or gutters shall be cleaned after each service. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. WEEDING: Weeding of plant beds, sidewalks (asphalt, concrete or pavers), guardrail bases, and curb joints as well as other mulched areas by chemical and/or hand removal will be performed weekly or as necessary to provide a weed free and well maintained area. GENERAL SITE PRUNING: General site pruning shall be defined as the pruning of any plant's foliage below ten-foot (10') foot. All groundcovers, shrubs, canopy trees and palms up to ten foot (10') level, shall be inspected and pruned on a weekly or an as needed basis, so to maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or form as determined by County's representative. Pruning shall also include removal of water sprouts, suckers and any dead or diseased foliage or branches. 1 of 8 Agenda Item No. 16B6 April 27th, 2004 Page 7 of 62 Do Fo During the f'u:st week of October and April, ornamental grasses, such as Fountain grass, Florida Gamma or Fakahatchee gross shall be pruned in a pyramid shape to a twelve inch (12") or twenty-four (24") height based upon the type of plant. Ornamental type grasses such as Liriope muscari 'Evergreen Giant', shall only be pruned at the direction and approval of the County' s representative. Plant material with a canopy over pedestrian sidewalks shall be maintained at a minimum height of one hundred twenty inches (120"). Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain one foot (1') of clearance from the edge of the pathway. IT is recommended that adjacent shrubs and groundcovers be maintained so that they angle or are rounded away from the pathway. TRASH REMOVAL: With each service, all sites shall be cleaned by removing all trash or debris to include, but not limited to; paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick-up shall be performed "prior" to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site. STREET CLEANING/SWEEPING: Street Cleaning: A four foot (4') wide area measured from the face of the curb and gutters including turn lanes shall be cleaned with each site service to remove any accumulation of debris or objectionable growth so to maintain a neat and safe condition. TRAFFIC CONTROL: The developer shall comply with the requirements of Collier County Maintenance of Traffic (MOT) Policy, copies of which are available through Risk Management or the Purchasing Department. The Developer shall obtain and review the County MOT policy requirements prior to submitting a bid. The Developer will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standard Indexes, or other related documents, so to become familiar with the requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. To assist in employee visibility; approve bright day glow red/orange colored safety vests shall be worn by employees when servicing the area. CANOPY TREE AND PALM PRUNING For this site, canopy trees shall be defined as any large shrub, tree, or palm with foliage above a ten foot (10'_ level. All canopy trees and palms shall be pruned on a continuous basis to create and maintain a seventeen-foot (17') canopy clearance over the roadways and a ten-foot (10') canopy clearance over all pathways. Canopy trees shall be selectively pruned twice per year in April and September so to thin the interior canopy of cross branching and to shape the canopy of the trees. The County's representative shall approve a professional licensed to prune tress under the direction of a Licensed Landscape Architect, Arborist, Tree Surgeon, or other approved professional shall do 2 of 8 Agenda Item No. 16B6 April 27th, 2004 Page 8 of 62 the pruning and sharpening. The work shall be performed per ANSI AS300 "Standard Practices for Trees, Shrubs, and other Woody Plant Maintenance" and done in a professional manner in accordance with "Pruning Standards" of the national Arborist Association or accepted local trade standards and practices. Palms shall be pruned annually during June of each year. The palms shall be pruned to a "Tropical Cut" or to a nine (9) o'clock- three (3) o'clock angle from the horizontal at the base of the palm's bud or lowest fronds. Approximately seven (7) to (10) ten green fronds shall be left at the head after pruning. The pruning shall include removal of all nuts, seed stalks, brown or dead and lower fronds. The work shall be done in a professional manner in accordance with acceptable trade standards and practices. The palms shall not be climbed with tree spikes to remove the fronds. The pruning shall be accomplished by the use of a ladder, boom truck or l/ft. All debris from the pruning shall be removed and the site shall be left on a clean and neat manner. When the annual or bi-annual heavy pruning work is being performed with the use of a lift or boom track, it is required that the adjacent traffic or turn lane to the work area, be closed using traffic control devices and signage per the current FDOT traffic control standards and indexes. FERTILIZATION Granular fertilization of shrubs and groundcovers shall be applied by hand in a twelve-inch (12") wide radius ring around the base of the plants. Granular fertilization of the trees and palms shall be determined by the caliper (diameter) of the trunk and broadcast by hand in a band around the plant's base from a distance of 12" to the drip line of the palm, whenever possible. An 8 oz. cup equals one (1) pound. Trees and palms shall receive one (1) cup per one-inch (1") caliper. Shrubs and groundcovers shall receive one (1) cup per three foot (3') of height or spread. Shrubs and groundcovers shall receive one-half (1/2) cup per eighteen inches (18") of height or spread. All fertilizer shall be swept off all sidewalks, concrete curbing and paving. The fertilizer shall be applied as set forth in the following schedule. Turf Areas and Plant beds containing Shrubs, Groundcovers, and Trees. The (13-3-13) fertilizer shall be applied at a rate of ten (10) pounds per one thousand (1000) sq ft. for all areas. Four applications of (13-3-13) fertilizer will be applied yearly during the months of February, May, July, and October. Palms 3 of 8 Agenda Item No. 16B6 April 27th, 2004 Page 9 of 62 Jo Ko Developer shall apply approved by County's representative palm fertilizer during February, May, July, and October as specified below. Should yellowing occur on the top of the fronds, manganese sulfate will be required and if on the lower fronds, Sul-Po-Mag or equivalent will be required to be applied with the palm fertilizer at the rates specified. MULCHING Organic Mulch Areas with no mulch or new planting areas shall have mulch placed to provide for a four inch (4") non-compacted or unsettled depth measured from the existing soil grade. The area to receive the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement of the mulch. Two inches must be applied to replenish this mulch twice a year, November and during May. LANE CLOSURE Lane closure for median maintenance shall be limited. Upon proper placement of the lane closed signs, pre-warning signs, arrow boards, traffic cones form the existing soil grade. The area to receive the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement of the mulch. Two inches must be applied to replenish the mulch twice a year, during November and during May. IRRIGATION SYSTEMS The irrigation systems shall be checked and repaired as necessary. Each zone shall be manually turned on at the valve once a week and a thorough inspection conducted to ascertain proper operations of the system. Quick coupling valves, if existing shall be reviewed weekly and operated quarterly to insure proper operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, installation or replacement of risers, repair of minor PVC piping breaks or subsurface piping or restricted sprinkler lines, replacement of damaged valve boxes/lids and adjustment of controller and rain shut off switches for settings and operations. Where required, the Developer shall maintain on site reclaimed water irrigation signage. SUBSURFACE IRRIGATION SYSTEMS: No excavation or mechanical metal edging around plant beds shall be done within the Right-of-way. Mechanical metal blade edging is permitted along the back of curbing. Weekly Service Requirements: 1. A visual inspection of the subsurface irrigation systems shall be performed weekly to determine if the systems are functioning normally and if cuts, leaks, piping damage, flooded areas exist, and repair as necessary. This shall also include review and re-setting of the controller and in-ground moisture sensor adjustments or other rain sensing devices as needed. 2. System Computer/Controller a. Operate, adjust, and set controller to provide proper operation of the 4 of 8 Agenda Item No. 16B6 April 27th, 2004 Page 10 of 62 o systems. b. Diagnose and repair electrical and mechanical malfunctions. c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings. d. Operate controller on automatic, manual and single trip operation. e. Monitor controller standby battery backup and replace as required. Automatic Control Assemblies and Quick Coupling Valves a. Review control valve assembly and by-pass system for proper settings. b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks; pressure gauge operation; proper settings and are clean of debris or mulch. Pump Sites a. Inspect for proper operations. b. The Developer shall record and provide to the County's representative the well water flow meter readings for the two well locations on the General Maintenance Report Sheets. o Review system water source connections to include water meters, backflow preventers, gate valve points of connection and main lines for proper operation. Monthly Service Requirements: 1. Automatic Control Valve Assembly a. Manually operate valves, and clean valve assembly filters. 2. Backflow Assembly a. Review assembly for proper operation and clean filter as needed. 3. Quick Coupling Valves a. Review boxes and operate valve. 4. Pump Sites a. Once a month, the Developer will trouble shoot each pump station, checking amperage draw and document the results for future reference. b. Manually run the system to ensure proper coverage and that no sprinkler head and nozzle are spraying onto the roadway. Clean and adjust sprinkler heads and nozzles and irrigation shields to ensure proper coverage. c. The Developer will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for future reference. d. The Developer will clean the strainers filters and inspect them for wear at the Pump Station. 5of8 Agenda Item No. 16B6 April 27th, 2004 Page 11 of 62 5. Manually mn the system with open flush caps and review sprinkler head indicators located at the end of zones. Review pressure gauge readings at control valve assemblies for each zone, as well as gauges located at the end of zones where present to determine the system and porous piping is functioning properly. 7. Check, analyze and adjust flow control devices as required. Quarterly Service Requirements: 1. Review all subsurface system piping, valve assemblies, wiring, moisture sensors and controllers for overall operation and provide adjustments as required to assure proper operation and irrigation application. Conventional Pop-up Irrigation Systems: Weekly Service Requirements: 1. Each median zone shall be manually turned on at the valve to ascertain proper operation of the system. 2. Repair system for any blown-off heads, broken lines or leaks around heads or valves. 3. Check the controller and rain sensing devices for proper operation and settings. 4. The Developer shall further adjust all sprinkler heads tgo ensure that all landscaped areas receive one hundred percent (100%) irrigation coverage. 5. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. Monthly Service Requirements: 1. Manually run the system, clean and adjust sprinkler heads/nozzles and concrete donuts as necessary to ensure proper coverage and that there are no sprinkler heads/nozzles spraying directly onto the roadway. a. Each median and side right-of-way zone shall be manually turned on at the valve to ascertain proper operation of the system. b. Repair system for any blown-off head, broken lines or leaks around heads or valves. c. Check the controllers and rain sensors for proper operation and settings. d. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent (100%) irrigation coverage. e. Within all work areas the Developer shall review the plant . material and turf for dry conditions and if found correct the 6 of 8 Agenda Item No. 16B6 April 27th, 2004 Page 12 of 62 problem. General Service Requirements for Irrigation Systems: 1. Should South Florida Water Management District or other governing agency establish water restrictions, the irrigation systems shall be inspected and all other controllers set to the mandated hours of operation set by the District or Agency. Subsurface systems are exempt from water restrictions. 2. Replace defective heads or nozzles, install or replace defective risers and repair minor breaks or restricted sprinkler lines. 3. Replace damaged valve boxes/lids if caused by the Maintenance Developer. 4. Inspect, clean, and replace, ff necessary, screen/filters within the sprinkler heads. 5. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level. All valve boxes in plant beds are to be kept two inches (2") above finished mulch. 6. One hundred percent (100%) irrigation coverage shall be maintained within all irrigated landscaped areas while this Contract is in effect. 7. Notification to the County's representative is required when acts of vandalism or accidents have occurred to the irrigation system. Photos shall be taken and provided to the County's representative at no added cost. Ho Miscellaneous Irrigation Maintenance Responsibilities: 1. Should the temperature be forecast to be below thirty-four (34) degrees, the Developer shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. It shall be the Developer's responsibility to notify the County's representative of any irrigation problems or additional irrigation maintenance needs. The irrigation service personnel must trouble shoot time clocks, i.e. power-in 110 volt and 24-volt fuses, 24 volts output when necessary. The irrigation services personnel must trouble shoot any pump start relay, main fuses and capacitors when necessary. o BRICK PAVERS All median brick paving shall be pressure cleaned twice per year, in April and November, to remove marks, gum and other dirt that may be deposited on the surface areas. Upon finding damaged areas, the developers shall clean-up debris if present, and or flag off the areas with protective barriers and/or high visibility hazard tape. Damaged areas must be repaired as quickly as possible. PEST CONTROL Trees, Palms, Shrubs, Groundcovers, and Sod must be closely 7 of 8 Agenda Item No. 16B6 April 27th, 2004 Page 13 of 62 monitored for pests and diseases and must be treated appropriately by a licensed Pest Control Operator approved by the County's representative. 8 of 8 Agenda Item No. 16B6 April 27th, 2004 Page 14 of 62 ICODE PLANTING PLAN Jl ~ I I .~EZ~£o FO~ .UL'rE.o~E CO~.PO~T.:~N ~ 20, ~ ICODE PLANTING DETAILS BRYNWOOD PRESERVE PREPARED FOR: PULTE HOME CORPORATION NAPLES, COLLIER couhn~, FLORIDA Aaenda Item No. 16B6 " _ A,.d_L~ i. il, Zj. jU.'~'-- I ~.o~s~ef162 I II I ~,~I,, i': i ifil iii CODE IRRIGATION PLAN 0R: 3081 BYLAWS aYNWOOD PmgS RW RigSWXNTS, ASSOC T ON, NC. 1. GENERAL: These are the Bylaws of Brynwood Preserve Residents' Association, Inc.. hereinafter the ".~sociation', a corporation not for profit organized under the laWs of Florida for the Purpose of operating Brynwood Preserve (the "Community") pursuant to the Florida Not-FOr-Profit Corporations Act. 1.1 Prinei!pal Office. The principal office of the Association is otc Puke Home COrporation. 9148 Bonita Beach Roa..d, Suite 102, Bonita Springs, FL 34135. 1.2 Seal. The seal of the Association shall be inscribed with the name of the Association, the year of its organization, and thc Words ,FlOfida,, and "not for profit' The seal may be used by causing it, or a facsimile of it, to be ~~ a~ed, reproduced or otherwise placed upon any document or writing of the corporation where a seal maybe required. 1.3 Definitions. The definitions set forth in the Declaration of COvenants, COntritions and Restrictions for Brynwood Preserve (the "DeclaratiOn"), and Sec. 720.301, FiS.,: (2002), shall applY to terms used in these Bylaws. 2. MEMBERS: 2,1 Qualifications. The ~mbers of the Association shal1 be the record owners of legal title to the Parcels in the Community (exCept as ~ressly stated to ~ contrary herein, the tes?~s "Parcels", "Lots", "Units" and "Living UnitS,, Shall be ufil~d interehangeably); 'In the case of a Parcel subject to an agreement for deed, the purchaser in possessiOn shall be deeraed the owner of the Parcel for pWposes of determining voting and use rights, Membership shall become effective upon the occurrence of the last to occur of the following events. (A) Recording in the Public Records. of a Deed or Other instrument evi&ncing legal title to the Parcel, Approval by thc Board of Dir~ct~ as provided for in th~ Declaration. Delivery to the Association of a, copy of the reCorded deed :or Other instrument (D) Delivery to the ~iafior,-, if required, of a:written designation of a Primary occupant 2.2 Votin~.~.terest. The Class A Members of the ~iafi°n are:entitled to one (1) vote for each parcel owned bY them. The totalnumber Of CiazzA votes shall not ~eeed the: total nUmber of parcels subject to the DeClaration. Prior to Transition(aS referenced in Section 15 of:the Declmtion), the ~ B Member shall be entitled to a number of votes equal to the tot~ nUmber of parceh owned by the Class A Members plUS one (1) vote. After Transition,: the :~ass B member shall be entitled t0 one (I):V°te for each Parcel owned by the Class B member. If a P~el is owned by one natural: p~on, Ms right to vote Shall be established by the record title to the parcel If a pared is owned jointly bytwo or m°re natural pers°ns, that Parcel's vote may be east by any one °f the: record owners,. If two or more owne~ ofa pareet do not.agree among themselves how their ~e vote Shall be east, that Vote shall not be counted for any purpose. If the Agenda Item No. 16B6 "April 27th, 2004 Page 18 of 62 owner ora Parcel is a corporation, partnersh/p, trust or other entity other than a natural person, the vote of that Parce~ shall be Cast by any o~icer, director, partner or trustee, as the case may be. 2.3 A~roval or Disapproval of Mattern. Whenever the decision or approval o£the Owner ora Parcel is requ/red Upon any matter, whether or not the subject of a Association meeting, such decision or approval may be expressed by any person authorized to cast thc vote of such Parcel at an Association meeting as stated in Section 23. above, un]ess the joinder of ali record owners is Specifically required. 2.4 _C~ange of Me. mbershin. Following written approval of the Association, as elsewhere mq~ed heroin, a change of membershil~ in the AsSOCiation shall be established by the new member's membership becoming effective as provided in 2.1 above. At that time the membership of the prior owner shall be terminated automatically. ' 23 TerminatiOn of Membership, The ten'nimtion of membership in the Association does not relieve or release any former member from liability or obligation incun'ed under or in any way connected with the Commun/ty during the period of his membership, nor does it impair any rights or remedies wh/ch the Association may have a~ any former owner or member ar/sing out of or in any way connected w/th such oWnersh/p and membersh/p and the covenants and obligations incident thereto. 3. M~MBERS'M~VTrING$: VOTINg: 3.1 Annual Mee~. There shall be an annual meeting of the members in each calendar year. The annual meeting shall be heId in Collier CoUnty, Florida, each year at a day, place and time designated by the Board of D~rectors, for the purpose of transacting any bm/ness duly authorized to be lransaeted by the members. 3.2 Special Members' M.eetin~ Special members' meetings mUSt be held whencver called by the President or by a majority of the Directors, and may also be called by members having at least twenty-five percent (25%) of the voting interests. The business at any special meeting shall be limited to the items specified in the notice of meeting, 3.3 ..Notice o.f Meeting: Wa/vet of Notice.. Notice of ail members' meetings must state the time, date, and place of thc meeting, and include an agenda for the meeting. The notice ofmecting must be mailed to each member at the address which appears on th~ books of the Association, or may bc furnished by personal delivery. The member is responsible/'or .lX2oviding the Association with notice of any change of address; The Notice of Meeting must'be marled or deliv~ced at least fourteen (I4) days before the ~g. An affidavit of the officer or other person making such marling shall be retained in the Association records as proof of mailing. Attendance at any.meeting, by a member constitute~ waiver of notice by that member unless the member objects to the lack of notice at the beginning of the me.~ting. A member may waive notice' o£ any meeting at any l/me, but only by written waiver. 3.40uomrr~ A quorum at me~tings of the'members shall be attained by the presence, either in person or by proxy, of members entitled to east at least thirty percent (30%) of the votes of the entire membership. After a quorum has been established at a members' meeting, the subsequent withdrawal of any voting members, so as to reduce, the number of voting interests represented below the number required for a quorum, shall not affect the validitY of any action taken at the meeting before or after such persons leave. 3.5 Yore R~uired. The acts approved, by a majority of the votes cast at a duly called meeting of the members at which a quorum has been attained shall be binding upon all members for ali purposes, except Agenda Item No. 16B6 -, April 27th, 2004 Page 19 of 62 the posting requirements discussed above, notice of each Board meeting must be mailed or delivered to each member at least 7 days before the meeting, except in an emergency. An assessment may not be levied at a Board meeting unless the notice of the meeting includes a statement that assessments will be considered and the nature of the assessments. 4.8 Waiver of Notice. Any DirectOr may. waive nodce Ora meeting before or aRer the meeting, and such waiver shall be deemed equivalent to the giving of notice. If all Directors are present at a meeting, no notice to Directors shall be required. 4.9 Qut~mm of D~ors. A quorum at aboard meeting shall exist when at least a majority of ali Directors are present at a-.duly called me~. Directors may participate in any meeting of the Board, by a conference telephone call or similar communicative arrangement whereby all persons present can hear all other persons. Participation by such means shall be deemed equivalent to presence in tx~son at a meeting. 4.10 Vote Requ~ed. The acts approved bya majority of those Directors present and voting at a meeting at which a ~x~orum exists shall constitute the acts of the Board of Directors, except when approval by a greater number of Directors isrequired by the governing documents or by applicable statutes. Directors may not vote .by proxy ~ by secret ballot at Board mee~gs, except that secret ballots may be used in the clec~on of officers. 4.11 Adioumed Meetings. The majority of the Directors present at any meeting of the Board, regardless of whether a quorum exists, may adjourn the meeting tobe reconvened at a specific time and date. 4.12 ThePresidin~ Officer. The President of the Association, or in his absence, the Vice-President, shall be the presiding officer at all meetings of the Board of Directors. If neither is present, the presiding officer shall be selected bY majority vote of the Directors present. 4.13 Comgna,aafion of Direc.tors and Officers. Neither Directors nor officers shall receive compensation for their services as such. Directors' and officers may be reimbursed for all actual and proper out-of-pocket expenses relating to the proper discharge of their respective duties. 4.14 Committees. The Board of Directors may aPpOint from time to time such standing or temporary committees as the Board deem necessary and convenient for the efficient and effective operation of the Assoeiafiom Any such committee shall have the powers and duties assigned to it in the resolution creating thc coaurjttee. If required by law, co~-aittce meeting~ shall bc open to attendance by any unit owner, and notice ofeorranittee r~eeting~ sha~"~ posted in'the same manner as required in Section 4.~ above for Board meetings. 5. OFFICERS: 5.1 Officers and Elect/m; The executive offieer~ of the Association shall be a President, and a Vies- President, who must be D'neetors, a Trea.~rer and. a: secretary, all of whom shall be elected annually by the Board of DireCtors. Any officer may' be_removed with or without cause by vote of a majority of all Directors atany meetin$ Any person may hold two or more offices. The Board may, from time to' time, appoint such other officers, and designate their pOWer~ and dutie% as the Board shall find to be required 'to manage the affairs of t~ Association. If the Board so detennines~ there may be more than one Vies- President. Agenda Item No. 16B6 · . April 27th, 2004 Page 20 of 62 5.2 ~siden~ The President shall be the chief executive officer of the A~sociation; he Shall preside a! all meetings of the members and Directors, shall be ex-officio a member of all standing committees, shall have general and active management of the business of the Association, and shall see that all orders and resolutions of the Board m'e carried into effect, lie shall execute bonds, mOrtgages and other contracts requiring seal of the Association, except where such are permitted by law to be othervdse si. e executed, and the power to execUte is dele,,ated b,, *;'~ ~---~ -"~ ....... , ,,- gnd and the Association. ~, ., -,,. ~,.,,~ u m~,uecmrs to some om~ crater or agent of 5.3 Vice-Presidents. The Vice-Presidents in the order of their seniority shall, in the absence or disability of the President, perform the duties and exercise the powers of the President; and they shall perform such other duties as the Board of Directors shall assign. 5.4 Secreta~. The Secretary shall attend all meetings of the Board of Directors and all meetings of the members and shall cause all votes and the minutes of all proceedings to be recorded in.a book or books to be kept for the purpose, and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all meetings of the members and of the Board of Directors, and shall perform such other duties as may be ~bed by the Board or the President. He shall keep in safe custody the seal of the Association and, when authorized by the Board, affix the same to any insm.tment requiring it. The Secretary shall be responsible for the proper recording of all duly adopted amendments to the governing documents. Any of the foregoing duties may be performed by an Assistant Secretary, if one has been designated. 5.5 ..Treasurer, The Treasurer shall be responsFole for Association funds and securities, the keeping of full and accurate amounts of receipts and disbursements in books belonging to the Association, and the deposit of all monies and other valuable effects Lq the name and to the credit of the Association in such depositories as may be designated by the Board of Directors. He shall oversee the disbursement of the funds of the Association, keeping proper vouchers for such disbtasements, and shall render to the Pres/dent and Directors, at the meetings 'of the Board, or whenever they may require it, an accounting of all transactions and of the financial .condition of the Association. Any of the foregoing duties may be performed by an Assistant Treasurer, if any has been designated. 6. FISCAL MATTERS: The provisions for fiscal management of the Association set forth in the Declaration shall be supplemented by the following provisions: 6. I ]3cmository. The Association shall maintain its funds in such financial institutions authorized to do bu~ess in the Stat~ of Florida as shall be des/gnated from time to time by the Board. Withdrawal of monies from such accounts shall be only by such persons as are authorized by the Board. 6.2 B~ The.Board of Directors shall adopt a budget of common expenses for each fiscal year. A copy of the proposed budget and a notice stating the time, date and place of the meeting of the Board at which the budget will be adopted shall be mailed to each member not' less than fourteen (t4) days prior to that meeting, except that no bUdget meeting shall be required if the Developer has elected to "guaranty" or "subsidiZe" the budget for that fiscal year. The proposed budget shall reflect the estimated revenues and expenses for that year by' categories, as well as the'estimated surplus or deficit as of the end of the current year. The budget must' set out separately all fees or charges for recreational amenities, whether owned by the Association, the developer, or another person, ifa. ny. .. 6.3 Reserves for Capital Expenditur.e.s. and Deferred .Maintenance,. In addition to annual operating expenses, the proposed budget may include reserve accounts for capital expenditure, s and deferred Agenda Item No. 16B6 ' April 27th, 2004 Page 21 of 62 OR: 3081 PG: 2097 maintenance. Any reserves collected may be utilized in th~ manner the Board determines in its discretion, unless the reserves arc specifically classified as "restricted ~'eserves"/n which case those funds and any interest thereon shall be utilized only for their intended, rest~cted purpose, unless a majority of the members present, in person or by proxy, at a meeting callexl for such purpose, vote to utitizc "restricted reserves" for other than the intended, restricted purpose. 6.4 .Assessment. Regular annual assessments based on the adopted budget shall be paid either monthly, or quarterly, as determh~ by the Board. Failure to send or receive notice of assessments shall not excuse the obligation to pay, ]fan armuat budget has not been adopted at the time the first installment for a fiscal year is due, it shall be presumed that the amount of such installment is the same as the last installment and shall be continued at such rate until a budget is adopted and pro rata assessments are calculated, at which time any overage or shortage shall be added or subtracted from each unit's next due installment. 6.5 Soecial Assessments. Special assessments may be iml~ by the Board of Directors when necessary to meet .unusual, tmexpect~ unbudgeted, or non~-ecurring expenses, Special assessments arc dUe on the day specified in the resolution of the Board approving such assessments. Subsequent to transition from Developer control of the Board of Directors, no special assessment shall be levied unless it is first approved by two-thirds of tl~ voting interests. Provided however, that no membership approval shall be required for a specialassemt that relates to the necessary maintenance, repair, insurance or replacement of a Common Ar~ orif the special assessment is required for the Board of Directors to comply with any law or ordinance, or an order of any municipal, state or federal agency. 6.6 Fidelity. Bonds.. Thc Treasurer, and ail other officers who am authorized to sign checks, and all other persons ha,ring acCams to or control of Association funds, shall be bonded in such amounts as may be required by law or otherwise determined by the Board of Directors. The premiums on such bonds shall be a coa~ion expense. 6.7 Financial Reportirkg. Within 60 days following the end of the fiscal year, the Board of Directors shall mail or furnish by personal delivery to each member a financial repor[ for the previous 12 months. The financial report shall consist of financial statements presented in conformity with generally accepted accounting principles; or a financial report of actual receipts and expenditures, cash basis, which report shows the amount ofreceipts and expenditures by classification and the beginning and ending cash balances of the Association. 6.8 Fiscal Year. Thefiscal year shall be the calendar year, unless modified by the Board of Directors. 7. RULES AND REGULATIONS: USE RESTRICTIONS: The Board of Directors may, from time to time, adopt and 'amend rules and regulations subject to any limits contained in this Declaration. Copies of such rules and teguhtions Shall be fimaished to each parcel owner. -Any rule or regulation created and imposed by the Board must be'reasonably related tothe promotion of health, happiness and peace of mind of the Parcel owners and uniformly applied and enforced. Subsequent to transition, and as long as Developer owns a Parcel, no.new or amended rule shall be effective unleSs DeVeloper grants its approval in writing, which approval may ~- denied in Developer's discretiom 8. CO,,,Nff'LIANCE .AND DEFAULT: 'REMED~q: In addition to the remedies provided elsewhere in the Declaration, the following provisi°ns shall apply: Agenda Item No. 16B6 :. April 27th, 2004 Page 22 of 62 3081 Obligations of membersA~Remedies At Law Or In Eauity; Levy of Fines and Suspend;on of Use (1) Each member and the members tenants, guests and invitees, are governed by, and must comply with Chapter 720, Flor/da Statutes, and the Governing Documents. Act/om at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the Association or by any members against: (^) (B) (C) The Association; A member;, Any director or officer who willfully and knowingly fails to comply with the provisions of Chapter 720, Florida Statutes ~d the Governing Doemnents; and Any tenants, guests, or invitees occupying a Parcel. The prevailing parry in any such litigation is entitled to recover reasonable attorney's fees and costs. This section does not deprive any person of any other available fight or remedy. (2) The Association may levy reasonable fines against Parcel owners, in those cases in wh/ch owners commit violations of Chapter 720, Florida Statutes, the provisions of the Governing Documents, or condone such violations by their family members, tenants, guests, invitees. The fines shall be in an amount deemed necessary by the Board to deter future violations, but in no event shall any fine exceed the maximum amounts allowed by law. The procedure for imposing such fines shall be as follows: (A) (CO A fine may not be imposed without notice of at leas~ fourteen (14) days to the person sought to be freed and opportunity for hearing before a committee of at least three members appointed by the Board who are not officers, dizectors, or employees of the Association, or the spouse, parent, ch~d, brother, sister of an officer, director or employee, and the notice shall include: (1) A statement ofthe date, time and place of the heating; (2) A statement of the provisions of Florida law and the Governing Documents which have allegedly been violated; and, (3) A short and plain statement of the matters asserted by the Association; and, The party, against whom the fmc may be levied shal ! have a reasonable opportunity to respond,, to present evidence, and to provide written and oral argument on all issues invOlved, and shall have an opportunity at the hearing to review, challenge, and respond to any mater/al considered by the Association. The Parcel owner shall be the party ultimately respons~le for payment of a fane, regardless of whether the fine relates to conduct by a tenant, family member, invitee or guest. If the Committee, by majority vote, does not approve the fine, it may not be imposed. (D) The Association may'not suspend the voting rights of a me~ber. Agenda Item No. 16B6 April 27th, 2004 Page 23 of 62 OR: 308I PG: 2099 8;2 Availability of Rem~dies. Each member, for himself, his he~, ~cce~o~ ~d am~, a~¢es to ~e fo~go~g ~o~sions mla~g ~ ~ult-~ abat~m~t of ~ola~o~ rc~le~ of ~c ~s. of ~ r~y ufl~d by ~e ~iafion ~d tugs,ess of ~e avaflabfli~ of ofi~ leal r~edi~. It is the htent of all mcm~ m Ovc tic ~sociati~ me~o& ~d proccd~s which ~1 ~ble it to op~tc on a b~essl~e b~s, m ~llect ~ose mo~es duc it ~d m prese~e ~e major's fi~t to ~joy ~c co~U ~e ~om ~onable resent ~d ~o~ce. 9. ~MENT OF BYLAWS: Amendments to these Bylaws shall be proposed and adopted in the following manner:. 9.1 PropQsaL_ Amendments to these Bylaws may be proposed by the Board of Directors or by written petition to the Board signed by the owners of at least one-fourth (1/4) of the Parcels. 9.2 Procedure. Upon any amendment or amendments to these Bylaws being proposed by said Board or Parcel owners, such proposed amendment or amendments shall be submitted to a vote of the owners not later than tlm next annual mee~g for which proper notice can still be given. 9.3 Vote Required. Prior to Wansition of control of the Board of Directors from the Developer of the Coummnity, ammdments shall be adopted by the Board of Directors. Subsequent to transition of control of the Board of Directors, a proposed amendment to these Bylaws shall be adopted if it is approved by at least two-thOr& (2/3rds) of the voting interests present in person or by proxy at any annual or special meeting called for the purpose, provided that notice of the proposed amendment has been given to the members in ao¢ordance with law. As long as Developer owns a Parcel in the Community, an amendment to the Bylaws shall not be effective without the prior written consent of Developer, which consent may be denied in DeveloPers discretion, provided, further, that regardless of whether Developer owns a Parcel, no amendment shall be effective if it affects Developer's rights or alters a provision herein made for D~vetoper's benc-4it. 9.4 Certificate; Recordinz Acopy of each : adopted amendment shallbe attached to acertificate that the amendment was duly adopted as an amendment to the Bylaws, which certificate shall be in the form required bylaw and shall be executed by the President or Vice-President with the fommlities of a deed. The mdment shall be cfr~tive when the certificate and copy of thc amendment are recorded in the Public ~ds of Collier County, Flor/da. 10..MISCELLANEOUS: I0.1 ..Gender; Whenever the masculine or'singular form ora pronoun is used in these Bylaws, it shall be conslrued to mean the masculine, feminine or neuter; singular or plural, as the context requires. 10.2 Sever'ability. Should any portion hereof be void or become unenforceable, the remaining prov/sions of the instalment shall remain in ~l 'force and effect By., ws of a l srdv Rmomrs' The foregoing were adopted~ as the. xto]ct ,2002. 37~i70_I/2 9 Agenda Item No. 16B6 · April 27th, 2004 Page 24 of 62 Audit No. I~02000164949 8 _ARTICLF_,S OF INCORPORATION ..B. RYNWOOD PRESERVE RESIDENTs' ASSOCIATION, INC. Pursuant to Section 617.0201I, Flor/da Statutes, the ~ndersigned hereby executes these ArtiCles of Incorporation for the purpose of forming a Corporation under the Florida Not-for-Profit Bus/ness Corporate Acta. AR~CLE I NAME.: The mine of thc corporation, herein called thc "Association", is Brynwood Preserve Res/dents' A~oeiafion, Inc., and its address is do Pultc Home Corporation, 9148 Bonita Beach Road, Suite102, BOnita Springs, FL 34135. ARTICLE .D. EF1N1TIONS: The definitiOns Set forth in the Declaration of Covenants, Conditions and RestrlCfiOns for BrynWOod Presen/c and SeCtion 720.301, F.S., (2002), shall apply to terms used in these Articles. ARI~CLE I~ PURPOSE AND POWERs: The purpose for which the Association is organized is to provide a homeowners' assOCiatiOn entity pursuant to Section 720.301, F,S. (2002) to act as a "homeowners' association" for the operatiOn of Brynwood Preserve (the "Community") located in Collier County, Florida. The Association is organized and shall exist on a non-stock basis as a corporation not for profit under the laWs of the State of Flor/da, and no portion of any earnings of the Association shall be distributed or inure to the private benefit of any member, Director or officer. For the accomplishment of its purposeS, the Association shall have all of the common law and statutory powers and duties of a corporation not for profit and of a homeowners' association under the laws of the State of Florida, except as expressly limited or modified bY the Governing Documents and it shall have all of the powers and duties reasonably necessary to operate the Community pursuant to the GoVerning Documents as they may hereafter be mended, including but not lira/ted to the following: (^) To make and cOllect assessments against members of the Association to defray the costg cxpeme~ and losses of thc Associati°n, and to usc the funds in the exercise ofit~ powers and duties. iTo protect, maintain' repair, replace and operate the Association property. (C) To purchase insurance for thc protection of the Association and its members. To rcpak and reconstruct improvements after casualty, and to make ~er improvements of the Association property. (E). To make, amend and enforce reasonable rules and regulations as set forth in the Declaration. (F) To apProve or diSapProve the transfer, lea~ing and occupancy of Parcels aS 1 ,cE2 Agenda Item No. 16B6 . April 27th, 2004 Audit: liebig e'E 93j:)§f:) 6t~4949 provided in the Declaration. Audit No-H02000164949 8 To enforce the provisions of the laws of the State of Florida that are applicable to the Comity, and the Governing Documents. To contract for the management and maintenance of the Con~mnity and the Association property, and any property or easements and related improvements that are dedicated to the Association by plat, and to delegate any powers and duties of the AssOCiation in connection therewith except stroh as are specifically required by law or by the Declaration to be exercised by the Board of Directors or the membership of the Association. To emplOY 'accountants, attorneys, architects, and other professional personnel to perform the services required for proper operation of the Community. (J) To borrow money as necessary to perform its other functions hereunder. (K) To grant, modify or move any easement. (L) To acquirei own, lease and dispose of any real and personal property. To sue and be sued, All funds and the title to all property acquired by the Association shall be held for the benefit of the members in accordance with the provisions of the Governing Documents. In the event of termination, dissolution or final liquidatiOn of the Association, the responsibility for the operation and maintenance of the Commtmity, including any property or easements and related improvements that are dedicated to the Association by plat, shall be ~ferred to and accepted bY an entity that is acceptable to any applicable governmental aUthorities, prior to such termination, dissolution or liquidation. ARTICLE IV (A) The members of the Association shall be the record owners ora fe~ simple interest in one or more Parcels. Class A members of the AssOciation are all owners other than Developer, The Class B member is the Developer as further provided in the BYlaws. (c) The share of a member in the funds and assets of the Association cannot be assigned or transfen-ed in any manner except asan appurtenance to his parcel. Exert as: o~Se provided in the Declaration and BylaWS with respect to the: Class B Member, the Owners of each'parcel, colleCtively, shall be entitled to one vote in Ass~atiOn ~ttexs. The manner of exercising voting fights shall be as set forth in the :BylaWs. :2 Agenda Item No. 16B6 :', Ap..ril 27th 2004 . ARTICLE V TERM: The term o£the Association shall be perpetual. Audit No. H02000164949 8 BYLAWS: ARTICLE VI The Bylaws of the Association may be altered, amended, or rescinded in the manner provided CZ2) DIRECTORS AND OFFICERS: The affairs of the Association Shall be administered by a Board of Directors consisting of the number of Directors determined by the Bylaws, but not less than three (3)Directors, and in the absence of such determination shall consist of three (3) Directors. Directors of the Association shall initially be appointed by and shall serve at the pleasure of the Developer, and foIlowing transition shall be elected by the members in the manner determined by the Bylaws. Directors may be removed and vacancies on the Board of Directors shall be filled in the manner provided by the Bylaws. The bUSiness of the Association shall be COnducted by the officers designated in the BYlaWS. The officers shall be elected each year by the Board of Directors at its first meeting after the annual meeting of the members of the Assoc/at/on, and they shall serve at the pleasure of the Board. The initial Directors are as follows: Steve Kempton e/o Pulte Home Corporation 9148 Bonita Beach Road, Suite 102 Bonita Springs, FL 34135 W. Michael Meeks edo Puke Home CorporatiOn 9148 Bonita Beach Road, Suite 102 Bonita Springs, FL 34135 Laura Ray ego Puke Home Corporation 9148 Bonita Beach Road, Suite: i02 Bonita Springs, FL 34135 The initial OffiCers axe: Steve Kemptorv- President; W. Michael Meeks- Vice President; and Laura Ray, SecretarY/Treasurer~ 3 AUdit No. HO2000164949 8 AGenda [[em No. 16B6 · April 27[h, 2004 PaGe 27 of 62 Audit No. H02000164949 8 ARTICLE VIII AMENDMENTS: Amendments to these Articles shall be proposed and adopted in the following manner: Proposal. Amendments to these Articles may be proposed by a majority of the Board or by a written petition to the Board, signed by at least one-fourth (l/4th) of the vOling interests of the Association. ~ocedure. Upon any amendment to these Articles being proposed by said Board or m~nbers, such propo.~d am~dment shall be submi~d to a vote of the m~nbars not later than the next annual meeting for which proper notice can be ~iv~,. .Vote Requked. Prior to transition of control of the Board of Directors from the Develop~ of the Community, amendments shall be adopted by the Board of Directors. Subsequent to transition of con~o] of the Board of Dffectors, a proposed amendment sh~ll be adopted if it is approved by at least two-thirds (2/3rds) of the voting interests who are present and voting, in p~rson or by proxy, at any annual or ~cial meeting ~mlled for the purpose. As long ~ Develope~ owns a Parcel an amendment to the Ar6cles of Incorporation shall not be effective without the prior written consent of Developer, which consent may be denied in Dewlopefs discretion, provided, further, that regardless of whether Dev¢lope~ owns a Parcel, no ~aendment shall be effective if it affects the Developer's gghts or alters any provision made for the Developer's ben:l% (D) EffeCtive Date. An arnendment shall become effecQVe upon filing with the Se. Cn'etary of State and recording a Ccrtifi~tc of Amendment in the Public Records of Collier County, Florida, with the formalities required for the execution of a deed, ARTICLE IX INDEMN'IF/CATION: ~To the fullest extent permitted by Florida law, the AssoCiation shall indemnify and hold harmless every Director and every officer of thc AssociatiOn against ail eXPenses and liabilities, including: attorney fees, actuallY and reasonably incurred by or imposed on him in connection with any legal proceeding (or settlement or appeal of such proceeding) to which he may be a party bemUSe of his being or having been a D~etor or officer of the AssOCiation. The foregoing right of indemnifiCatiOn shall not be available if a judgement or o/her final adjudication establishe.s that his actions or omissions to act were material to the cause:adjudicated and involved: , WillfUl misconduct or a conscious disregard for the best interests of the ~iation, in a~eefling by or in the fight of the Association to procure a judgem~t in its favor; A violation of criminal ]aw, unless the Director or officer had no reasonable cause to believe his action was unlawful or had reasonable Cause to believe his action was laWful. 4 Agenda Item No. 16B6 · April 27th, 2004 AUdit 1¥~ag~~949 (c) A transaction from which the Director or officer derived an improper personal benefit. The foregoing fights of indemnification shall be in addition to and not exclusive of all other rights to which a Director or officer may be endfled. ARTICLE X INCORPORATOR: The name and address of the Incorporator is as follows: Steve Kempton c/o Pulte Home Corporation 9148 Bonita Beach Road, Suite 102 Bonita Springs, FL 34135 ARTICLE XI ,REGISTERED OFFICE AND .R.EGISTER~D AGENT: The name and address of the Registered Agent and the addreSS of the Registered Office is: Steve Kempton e/o Puke HOme Corporat/on 9148 Bonita Beach Road, Suite 102 Bonita Springs, FL 34135 IN WITNESS WHEREOF, the undersigned, for the purpose of forming a CorpOration to do ?usiness with the S.tate of Florida, under the law of Florida, makes and files these Articles of Incorporation, l~ereby/d~clares and certifies the facts herein stated are true and hereunt° set my hand this l(,7~ day of . ' {0[~., ,2002. ' -' Sieve Kempton, Incorpo~'~or cZ) 0 Audit No. H02000164949 8 Agenda Item No. 16B6 April 27th, 2004 Page 29 of 62 Audit No. CERTIFICATE OF DESIGNATION REGISTERED AGENT~[EGISTERED OFFICE H02000164949 8 Pursuant to the provisions of Section 617.0501, Florida Statutes, the undersigned corporation, organized under the laws of the State of Flor/da, submits the following statement in designating the registered offieegregiStered agent, in the State of Florida. l. The name of the-cOrporation is: BRYNWOOD PRESERVE RESIDENTS' ASSOCIATION, INC. 2, The name and address of the registered agent and office is: Steve Kempton do Pulte Home CorpOratiOn 9148 Bonita Beach Road, SUite 102 Bonita Springs, FL 34135 Steve Ke--ml~ '~ ~n~~' P~eside~ a.w~ ~,,.~ NXm~r, ~ ~s~r, ^omr.~ 'to ACCm S~mC,,- O~ ?~.OC~S ~O~. THE ~O'VE STATED CORPORATION AT THE PLACE DESIGNATED IN T}tlS CERTIFICATE, I HERh-'RY ACCEFT THE APPO~ AS REGISTERED AGENT AND AGREE TO ACT IN THIS CAPACITY. I FURTHER AGREE TO COMPLY wrlH THE PROVISIONS OF ALL STATUTES RELATING TO THE PROPER AND COMPLETE PERFORMANCE OF MY DUTIES, AND I AM FAMILIAR WITH AND ACCEPT THE OBLIGATIONS ~REGISTER. ED AGENT. SIGNATI/RE 6 Audit No. H02000164949 8 Agenda Item No. 16B6 · April 27th, 2004 Page 30 of 62 3022338 OR: 3081 PG.~' 2058 R~CORD~D ia OUICI~ R~CO~DS of COLLIER COURT¥, FI ~C ~ 1~0 ~ DE~TION OF COVENANTS CONDITIONS AIND RESTRICTIONS FOR BRYPOffOOD PRESERVE InStrument prepared by and after recording return to: Stev~ M. Falk, Esq. Roetzel & Andress, a Legal Professional Association 850 Park Shore Drive, Third Floor Naples, FL 34103 (941) 649-6200 Agenda Item No. 16B6 April 27th, 2004 Page 31 of 62 OR: 3081 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BRYNWOOD PRESERVE PULTE HONIE CORPORATION, a Michigan corporation, thc present fcc ~tle owner of the real property descffbed in Ex~%it "A", hereina~er called Declarant, to its grantees, successors and assigns and all future owners of Parcels located in Brynwood Preserve, as more particularly desert%ed in Ex,'bit "A" attached hereto and made a part hereof, hereby makes the following Declaration of Covenants, Conditions and Restrictions. It is the intent of the aforesaid Declarant to develop the real property, as deserted in Exh~it "A", as a residential p]armed development named "B~awood Preserve" consisting of eighty-five (85) residential lots. Upon recording of this Declaration, Declarant hereby submits the real property desexibed in ExbSbit "A" to the ~ms and conditions of this Declaration. For the purpose of enhancing and protecting the value, attractiveness and desirability of the residential units constituting such development, Declarant hereby declares that all of the real property described and each part thereof shalt be developed as a residential planned development and shall be held, sold and conveyed only subject to the following easements, covenants, conditions and restrictions which shall constitute covenants running with the land and shall be binding on all parties having any right, title or interest in the above described property, or any part thereof, their heirs, successors and assigns and shall inure to the benefit of each Owner thereof and the Association. 1. DE~ON$. The terms Used in this Declaration and its exhibits shall have the definitions set forth in Chapter 720, Florida Statutes (2002), unless otherMse defined below (it being the intent that the SUbstantive rights Contained in this Declaration not be retroactively impaired by amendments to the Act, as defined below): 1.1 "ACt'' shall mean and refer to Chapter 720, Florida Statutes (2002). 1.2 Declaratior~ ".Are. hitectural Reviewer" means and refers to the entity described in Article $ of this 1.3 "Association" shall mean and refer to Brynwood Preserve Residents' Association, Inc., a Florida corporation not for profit. 1.4 "Board" means and refers to the Board of Directors of the Association. 1,5 "cornm~ Area" means and refers to all real property, which is now or hereafter owned by the AssoCiatiOn or dediCated for use or maintenance by the Association or its members by a reCorded plat or this Decl~ti~. 1~6 "l~Clarapt'' or ,Developer" means and refers to PULTE HOME CORPORATION, a Michigan Corporation authorized to. do business in the State of Florida. Whenever either term is used in this DeClaration, the ArtiC!e~ or Bylaws of the Association, it shall always be deemed to include any successor in interest to the Declarant% development rights and obligations. 1.7 "Declaratio~" means and refers to this Declaration Restficti°ns for Brynwood Preserve, and any amendments hereto. of Covenants, Conditions and Agenda Item No. 16B6 April 27th, 2004 Page 32 of 62 OR: 308t PG: 2060 1.8 '?amily" or "Single Farm'l¥' shall refer to one natural person; or a group of two or more natural persons living together each of whom is related to each of the others by blood, marriage, legal custody or adoption; or not more than two persons not so mlat,,d, who resi& together as a single housekeeping unit. 1.9 ".G. 0vemine Doeume~t~" means and refers to this Declaration, and the Articles of Incorporation, ByLaws, Rules and Regulations and the Resolutions of tiffs Associafioru tn the event of a conflict in the interpretation of th,, Governing Documents, they shall be applied in the order of priority stated above. 1. I 0 "Guest" or "Guests" means any person or persons physically present in, or occupying a Living Unit on a temporary basis at the invitation of the owner or other legally permitted occupant, w/thout the payment of consideration. 1.11 "Institutional Mortu:.agee" means the mortgagee or assignee of a first mortgage against a Parcel or Living Unit, which mortgagee or assignee is a bank, savings and loan association, mortgage comply, real estate or mortgage investment trust, pension or profit sharing mast, the Federal Housing ,administration, the Veterans Administration, or any agency of the United States of America. The term also refers to any holder of a mortgage against a Parcel or Living Unit which mortgage is guaranteed or insured (as e'.'idenced by a recorded instmmen0 by the Federal Housing Administration, the Veterans Administration, any agency of the United States of America or by any other public or private agency engaged in the business of purchasing, guaranteeing or insuring residential mortgage loans, and their successors and assigns. An "Institutional Mortgage" is a first mortgage held by an Institutional Mortgagee encumbering a Living Unit. 1.12 "Lease" means the grant by a living unit owner of a temporary right to occupy the owner's Living Unit for valuable consideration. 1.13 "Living Unit, "Unit" or "Residence" means and refers to any or all the residences, which will be constructed on the Parcels, each intended for use and occupancy as a residence for a single family. 1.I4 "Parcel" or "parcels" means one or more of the eighty-five (85) platted parcels of land contained within the land described in Exhibit 'A" hereto into which the Properties will be subdivided, upon each of which a Living Unit has been or is intended to be constructed. Wherever herein the term "Parcel" is used, it shall be interpreted as if followed by the words "and Living Unit constructed thereon" except where the context clearly requires otherwise. The platted parcels of land are shown on the Plat for Brynwood Preserve recorded in Plat Book La~ at Pagef+~Tet, sea., Public Records of Collier County, Florida. 1.15 "Member' means and refers to all persons who are members of the Association as provided in this Declaration, and in the Arfieles of Incorporation and ByLaws ofthe Association. 1.16 'Neig, hborbood" or ".Properties" means and refers to all real property, which is subject to this DeclaratiOn and includes both Common Area and Parcels. "Neighborhood" or "Properties" shall also have the same meaning as the term "Community" as defined in Chapter 720, Florida Statutes (2002). 1.17 "Occupant" or "Occupy" when used in connection with a Living Unit, means any person who is physically present in the Living Unit on two or more consecutive days, including staying overnight. 2 Agenda Item No. 16B6 April 27th, 2004 Page 33 of 62 OR: 3081 1.18 "Owner." means and refers to any person or persons, entity or entities, whO are the record owner of the fee simple title to any Parcel in Brynwood Preserve. 1.19 '255m ,arY Occupant" means the natural person approved for occupancy, together with his family, when rifle to a Living Unit is held in the name of more than two persons, or by a trustee or a corporation or other entity whiCh is not a natural person. '1.20 "Rules and Re .~.ations" means and refers to the adm/nistrative roles and regulations governing use of the common area and procedures for administering the Association and the Properties, as adopted, amended and rescinded from time to time by resolution of the Board of Directors, 1.21 "single.. Family Residence`` means and refers to a Living Unit that is restricted to ocCupancy only by the owner or primary occupant and his family, guests and tenants as further provided herein. 1,22 "Brvnwood Preserve" means and refers to and shall be the name oft he Properties. 123 "Tenant'.' or ~. enan~" means and refers to one who leases or rents fi.om an Owner and holds temporary possession ora Living Unit. 2. [reserved]. 3. ASSOCIATION: MEMBERSHIP: VOTING PJGHTS. The administration, management and ownership of the common Area shall be by the Brynwood Preserve Residents' Association, Inc., a Florida corporation not for profit, which shall perform its functions pursuant to the following: 3.1 Articles of Incorporation. A copy of the Articles of Incorporation of the Association is attached as Exht'bit "B". 3.2 ByLaws. A copy of the Bylaws of the Association is attached as ~xaYbit "C". 3.3 Delegation of Management, .The Association may contract for the management and maintenance of the Properties and authorize a management agent to assist the Association m carryin~g out its powers and duties by performing such functions as. the submission of proposals, collection of assessments, preparation of records, enforcement of roles and maintenance, repair and replacement of the Common Area, with funds made available by the Association for tach purposes. The Association and its officers shall, however, retain at all trines the powers and duties provided in the Governing Documents. 3.4 Membershiv, Every person or entity who is.a record Owner of a tee interest in any Parcel located upon the ~, shall be a Member, except that if a Parcel is subject to an agreement for deed, the purchaser in possession shall be considered the Owner for purposes of determining voting and use fights. (A) CIass A. Class A Members shall be all those Owners as defined in Section I, with the exception of'the Class B Member. Class A membership shall become effective upon the occurrence of the last to occur of the following: Parcel. 0) Recording in the Public Records of a Deed or other instrument evidencing legal title to the Agenda Item No. 16B6 April 27th, 2004 Page 34 of 62 (2) Approval of the Association as provided for elsewhere herein. (3) Delivery to the Association of a copy of the recorded deed or other instrument evidencing tire to the Parcel. (4) Delivery to the AssOciation, if required, cfa written designation cfa primary occupant. (B) ,Class B. The Class B Member shall bc thc Declarant or any successor to thc Dcclarant's clevclopment rights. Membership shall be appurtenant to, mn with, and shall not be separated f~om thc real property interest upon wh/ch membership is based. 3.5 .VotinR Interests. The Class A Members of the Association are entitled to one (I) vote for each Parcel owned by them The total nmber of Class A v6tes shall not exceed the total number of Parcels subject to this Declaration. The vote of a Parcel is not divisible. The fight to vote may not be denied because of delinqucmt assessments. If a Parcel is owned by one natural person, his right to vote shall be established by the record rifle. If a Parcel is owned jointly by two or more natural persons who are not acting as trustees, that Pamel's vote may be cast by any one of the record Owners. If two or more Owners of a Parcel do not agree among themselves how their one vote shall be cast, that vote shall not be counted for any purpose. If the Owner of a lot is not a natural person or is a trustee, the vote of that Parcel shall be cast by any officer, director, partner or trustee, as the case may be. Pr/or to transition (as referenced in Section 15 of this Declaration), the Class B Member shall be entitled to a number of votes equal to the total number of parcels owned by the Class A members plus one vote. After transition, the Class B Member shall be entitled to One (1) vote for each Parcel owned. 3.6 Approval or Disar~proval of Matters. Whenever the decis/on or approval ofthe Owner cfa Parcel is required upon any matter, whether or not the subject of an Association meeting, such deCision or approval may be expressed by any person who could cast the vote of such Parcel if present in person at an Association meeting, unless the joinder of all record Owners is specifically required. 3.7 Chance of Membership. Following written approval of the Association, as elsewhere reqUired herein, a change' of membership in the Association shall be established by the new owners membership becoming effective as provided above; and the membership of the prior Owner shall thereby be automatically terminated. 3.8 Tcm,nirmtion of Membea'Ship. The temdnafion of membership in the Association does not relieve or ri:tease any former member from liability or obligation incurred under or in any way connected w/th the Association during the ~od of his membership, nor docs it impair any rights or remedies which the ~ociation maYhave against any former Owner or member arising out of or in any way cormectedwith SUch ownership and membership and the covenants and obligations incident thereto. 3.9 Association As Qwner of Parcels. The Association has the power.to purchase Parcels and Living Units, and to acquire and hold, lease, mortgage, and convey them, by act of a majority of the Board of Directors. 4 Agenda Item No. 16B6 · April 27th, 2004 Page 35 of 62 3.10 ,,Membership Roster. The Association shall maintain a current roster of names and mailing addresses of Owners and Primary Occupants. A copy of the up to date roster shall be available to any Owner upon request. 3.11 Limitation, .o..n'LiabilitT. Notwithstanding the duty of the Association to maintain and:repair the Common Are~, the A~ociafion shall not be liable to Owners for property damage other than'the cost of maintenance and repair, caused by any latent condition of the property to be maintained and repaired by the Association, or caused by the elements or Owners or other persons. 3.12 Board of Directors. Except as otherafise provided by law or by the Governing Documents, the Association shall act through its Board of Directors and its officers, and no vote of the'Members shall be required. The Officers and Directors of the Association have a fiduciary relationship to the members. An Owner doe. snot have the authority to act for the Association by virtue of being an owner. 3.13 Powers and Duties. The powers and duties of the Association include those set forth in the Governing Documents. 4. COVENANT FOR AN't)~,,,, AL AND .SP~.C .IAL ASSESSMENTS. 4.1 .Creation of Lien and i.P.ersonal Obli~fiOn for Assessment.~. SUbject to the limitations on assessment liability set forth in Sections 4,3 and 4,4, DeVeloper, for each Parr. el within the Neighborhood, hereby covenants, and each subsequent Owner of any Parcel (including any purchaser at a judicial sale), by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (A) Association; the Paxcel's pro rata share of annual assessments based on the annual budget adopted by the (B) the Parcel's pm rata share of special assessments for Association expenditures not provided for by annual assessments; (C) any charges against less than all of the Parcels specifically authorized in thi~ Declaration or the Association ByLaws; and (D) Developer. initial capital contributions payable at closing to the Association as determined by the Assessments shall be established and collected as provided herein and in the ByLaws. The annual and special assessments and charges, together w/th interest, costs, and reasonable attorney's fees shall bind such property in'the hands of the Owner. his heirs, devisees, personal representatives, successors and assigns. In any conveyance, voluntary or otherwise, the transferee shall be jointly and severally liable with the transferor for all unpaid assessments coming due prior to the time of such conveyance, without prejudice to the rights of the transferee to recover from the transferor the mounts paid by the transferee. Except as provided elsewhere in this Declaration as to the Developer and Institutional Mortgagees, no Owner may be excused from the payment of assessments unless all Owners are similarly excused. The initial capital contributions payable at closing to the Association may be used to pay operating expenses, fund reserves, or 5 Agenda Item No. 16B6 · . April 27th, 2004 · Page 36 of 62 Xbr any other purpose permitted or imposed upon the Association pursuant to the Governing Documents. Developer and the Association make no representation that the init/al capital contributions will remain in the Association's accounts at Transition, as referenced in Section 15 below. 4.2 [reserved]. 4.3 Share of Assessment& Except as otherwise provided as to the Developer and certain mortgagees, each Parcel (and the Owner thereof) which contains a Living Unit for which a final certificate of occupancy has been issued shall be liable for its pro ram share of all annual and special assessments. A Parcel containing land or improvements for which a certificate of'occupancy has not been issued shall pay assessments equal to 5 percent (5%) of the assessments which are payable by Parcels containing a Living Unit for wkich a final certificate of occupancy has beea issued. All Common Axeas and any property dedicated to and accepted by any governmental authority or public utility shall be exempt from payment of assessments. 4.4 .D. evelopeds Guarantee of Assessments and Share for Parcels Owned By It DevelOper guarantees that fi.om the date of recording of the first deed to a Parcel, that assesmaents against each Owner by be Association shall not exceed $148.30 per month. The monthly asseSSments Under the guaranty may be increased by the amount of each Parcel's' share of any bulk cable television and other bulk teleeommurdcations agreement to which the Association may be a party. This guarantee of assessments shall end on the first year anniversary date of recording of said fa-st deed unless renewed by the Developer. Developer reserves the right to renew the guarantee period for two (2) successive Periods of one (1) year each, on such t=~,s as established by Developer. However, in no event will the guarantee period extend beyond transition to non-Developer control of the Board of Directors of the Association. During the guarantee period, the Developer shall be excused from the payment of assessments for parc. els owned by it, and instead shall Pay that portion of all Association expenses actually incurred which exceeds the amoUnts assessed against other Parcel Owners. Following trans/tion of control of the Board of Directors, the Developer shall pay assessments as described in Section 4.3 hereof. 4.5 Establishment of Lienx. Any and all assessments lev/ed by the Association or collected on behalf of in accordance with the provisions of this Declaration or any oft. he Governing Documents, together with interest at the highest rate allowed by law, and costs of collection (including, but not limited to reasonable attorney's fees) are hereby declared to be a charge and continuing lien upon the Parcel against which each such as~essrnent or charge is made, and shall also be the personal obligation of the Owner of each Pan:el. This lien is superior to any homestead fights the Owner may acquire. No Owner may exempt himself from personal liability for assessments, or release the Parcel owned by him from the liens and charges hereof, by waiver of the use and enjoyment of the Common Area, or by abandonment of his Parcel. The lien shall be perfected from and after the recording in the Public Records of the County ora Claim of Lien by the Association, setting forth the legal description of Owner's parcel, the name of the record Owner, the name and address of the Association, and the mount and due date of each urspaid assessment as of the date the Claim of Lien is recorded. Upon recording, the effectiveness of the Claim of Lien shall relate back to the date of the original recording of this Declaration. The Claim of Lien shall secure payment of ali assessments due at the time of recording (including interest, costs and attorney's fees as provided above), as well as all assessments, interest, costs and attorney's fees coming due subsequently, until the Claim is satisfied or a final judgment of foreclosure obtained. Upon full payment of all sums secured by the Claim of Lien, the party making payment is entitled to a Satisfaction of Lien. Agenda Item No. 16B6 · April 27th, 2004 Page 37 of 62 4.6 ~. The Association's li~m shall be subordinate and inferior to the lien of any recorded Institutional Mortgage, urdess the Association's Claim of Lien was record~ prior to the Institutional Mortgage, but shall be superior to, and take priority over, any other mortgage or lien regardless of when reoorded. Any lease of a Living Unit shall be subordinate and inferior to any Claim of Lien of the Association, regardless ofwl~n the lease was executed. A purchaser at a foreclosure sale resulting from the foreclosure of an Institutional Mortgage, or an Institutional Mortgagee that has acquired title by deed in lieu .of foreclosure, and all persons chiming by, through or under such purchaser or mortgagee, shall hold title subject to the liability and lien of any assessment oomlng due at, er the issuance of a Certificate of Title or conveyance in lieu of foreclomm. Any unpaid assessment which cannot be cOllected as a lien affaimt any Parcel by mason of the provisions of this Section, shall be treated as a special ~t divided ~lually among, payable by and assessed against all Parcels, including the Parcel as to which the foreclosure (or conveyance in lieu of foreclosure) took place. 4.7 Collection of Assessments. If any Owner fails to pay any Assesm-nent,'ior installment thereof, within ten (I0) days after the due date, the Association shall have any or al/of the following remedies, to the extent permitted by law, which remedies are cumulative and are not in li~a of, but are in addition to, all other remedies available to the Association: (A) To charge interest on such assessment or charge, from the dam it becomes due until: paid at the highest rate allowed by law, as well as to impose a late payment penalty of up to Twenty-five Dollars ($25.00). This penalty shall not be considered a fine as provided for in Section 11.3, and the procedmal requirements for levying fines set forth therein shall not apply. Living Unit. To deny Association approval of any proposed sale or trmmfer of the Own~s ParCel and (C) To file an action in equity to foreclose its lien. The lien may be foreeIosed by an action in the name of the Association in the same manner as that provided pursuant to Florida law for the foreclosure of liens on condominium units for unpaid condominium assessments. (D) To bring an action at law for a money judgment against the Owner without ~ving any lien foreclosure r/ghtS of the Association. 4.8 ,Certificate; The Association sbmll, within fifteen (15) days of receiPt ofa written request for same, furnish to any Owner liable for assessments a certificate in writing signed by an officer of the Association, setting forth whether said assessments and any other sums due the Association have been paid. Such certificate may be retied upon by all interested persons except the Owner. 5. ARCHr~CTURbL AND A~iSTitETIC coNTrOL 5.1 Necessity of Amhitectural Review and Approval. Except for Developer, no Owner shall make or permit the making of any alterations or additionS to his Parcel or the Common Area, or in any manner change the exterior appearance of any portion of the Living Unit, without first obtaining the written approval of the Amhiteeturat Reviewer, which approval may be denied ff the'Architectural Reviewer determines that the proposed modifications or alterations would adversely affect, or in any ~er be detrimental to, the Neighborhood, in part or in whole. Any glass, screen, curtain, blind, shutter, awning,: or other modifications, additions or installations which may be installed Where vis~te from outside the Living Unit, are subject to regulation by the Architectural Reviewer. The installation of hurricane shutters shall be: 7 Agenda Item No, 16B6 April 27th, 2004 Page 38 of 62 subject to regulation by the Architectural Rev/ewer.' No owner may alter the landscaping of the Common Area in any way without pr/or approval of the Architectural Reviewer, 5.2 ...Architectural Review. The architectural review and control functions of the Association shall be administered and performed by the "Architectural Reviewer", as defined herein. Until 100% of the property described in Extn'bit "A" has been developed and conveyed to Owners other than Developer, the Developer shall be the Architectural Rev/ewer and shall have the exclusive right to exercise architectural review trader this Section. Developer may delegate its reserved rights hereunder to any entity, including the Board of Directors or an Architectural Review Con',mittee appointed by the Board of Directors, in which case the delegatee Shall be deemed the Architectural RevieWer. 5.3 Powers and Duties of Architectural Reviewer. The Architectural Reviewer shall have the following powers and duties: (A) To enact modifications and/or amendments to the Architectural Planning Cr/teria. Any modification or amendment to the Architectural Planning Criteria shall be consistent with the provisions of this Declaration. As long as Developer owns at least one Parcel or other property in the Neighborhood, the Architectural Reviewer shall not alter the Architectural Planning Criteria, without Developer's pr/or written consent, which consent may be denied in Developer's discretion. Notice of any modification or amendment to the Architectural Planning Criteria, including a verbatim copy of such change or modification, shali be delivered to each member of the Association; provided that the delivery of a copy of the modification or amendment to thc Architectural Planning Criteria shall not constitute a condition precedent to the effectiveness or validity of such change or modification. (B) To require submission of one (1) complete set of all plans and specifications for any improvement or structure of any kind, including w/thout limitation, any building, fence, wail, sign, site paving, grading, parking and building additions, alteration, screen enclosure, sewer, drain, disposal system, decorative building, landscaping, landscape device or object or other improvement, the construction of placement of which is proposed upon any Pamel or Property in the Neighborhood, together with a copy of any required governmental pemfits. The Architectural Reviewer may also require submission of samples of building mater/als and colors proposed for use on any Parcel or the Property and may require such additional information as reasonably may be necessary for the Architectural Reviewer to completely evaluate the proposed structure or improvement in accordance with th/s Declaration and the Architectural Planning Criteria. Reviews shall be coordinated with required govemnmntal approvals. The Amhitectural Reviewer shall have sixty (60) days to respond once a complete set of plans and specifications have been submitted. Failure to respond w/thin sa.id sixty (60) days shall be deemed an approval. (C) To approve or disapprove any improvement or structure of any lrind, including without limitation, any building, fence, wall, sign, site paving, grading, pools, parking and building additions, alterations, screen enclosure, sewer, drain, disposal system, decorath, e building landscaping,: landscape device or object, or other knpmvement or change or modification thereto, the construction, erection, performance or placement of which is proposed upon any Pm-eel or the Property in the Neighborhood and to approve or disapprove any exterior additions, changes, modifications or alterations (including, but not limited to, changes in exterior colors, finishes and materials) therein or thereoia. All decisions of the Architectural Reviewer shall be in writing and may, but need not be made by a certificate in recordabte form. Agenda Item No. 16B6 · April 27th, 2004 Page 39 of 62 (D) To approve or disapprove any change, modification or alteration to any improvement or sa-ucture as hereinabove described, and the plans and specifications if any upon wki~ such change modification or alteration is based, prior to commencement of construction of such change, modification or alteration. If any improvement or structure as aforesaid shall be changed, modified or altered without prior approval of the Architectural Reviewer of such change, modification or alteration, and the plans and specifications therefore, if any, then the Owner shall upon demand, cause the, improvement or smaeture to be restored to comply with the plans and specifications, originally approved by the Arehiteelural Reviewer and shall bear all costs and expenses of such restoration, including costs and reasonable attorney's fees of the .~'chitectural Reviewer or the Association. The Architectural Reviewer shall be specifically empowered to grant variances from the covenants, conditions and restri~ons as contained herein and as are deemed reasomble, required or necessary to meet the needs of the particular building site. (E) To adopt a schedule of reasonable fees for processing requests for approval or proposed improvements. Such fees, if any, shall be payable to the Architectural Reviewer, in cash, at the time that plans and specifications are submitted to the Architeetmal Reviewer. In the event such fees, as well as any other costs or expenses of the Architectural Reviewer pursuant to any other provisions of this Article are not paid by the Owner, they shall become a lien on the Owner's Property. (F) To monitor construction to verify compliance with the provisions hereof and any approvals and conditions of the Architectural Reviewer. 5.4 Nature of Architectural Rev/ew. Approval granted by thc ArchitectUral Reviewer pursuant to this Declaration shall not constitute a representation that the construction or alteration will comply with the applicable building codes, nor that the materials or methods used are desirable, nor that they will cause the improvements to be made ia a good and workmanl~e manner. The function of the Architectural Reviewer is solely to determine whether the proposed construction or alteration is acceptable from an aesthetic viewpoint and will not adversely affect or be detrimental to Brynwood Preserve. 5.5 ...Garages. No garages shall be converted to residential use or use other than as originally designed with the exception of conversion cfa garage by the Developer for useas a temporary sales o/flee. 5.6 Developer Construction. The provisions of this Section $ shall -not apply to Developer and Developer reserves the Hght to alter the plan of development and architectural style of the Properties and Living Units as it deems desirable in its discretion. 6. PROPERTy,, RIGHTS: EAS~S. 6.1 Us~ of Common Area. Every Owner and his tenants, guests and invitees shall have a perpetual non-exclusive ~asement for ingress, egress and access in, to and over the sidewalks, wail'ways and private wads (legallY described on the plat as Tract "R") which may be contained within ~ Common Area for use in common with all other Owners, the/r tenants, guests arui kivitees. The easement of'ingress and egress shall also extend to the Developer and its agents, designees, contractors, successors and assigns and to any holder of an easement lhro~ Brynwood Ih~serve, pUrSuant to an easement ofrecord or one set forth in the plaL The Association may construct an unmanned gate or other type of a~Ss feature and related roadway in the northwesterly portion of Br/nwcod Preserve, through Tract "E", as legally descn~xl on the Plat, in order that Owners may have a means of ingress and egress to a commercial l~operty to be developed to the north of Brynwood Preserve. The access roach access control feature and any rehted improvements may not be eonstrusted without the prior approval of Collier County, Florida, which may impose conditions 9 Agenda Item No. 16B6 - April 27th, 2004 ~ Page 40 of 62 to said approval, including, but not limited to the requirement that emergency ve/fieles be provided access to Brynwood Preserve. The DeveloPer shall not be obligated to construct the unmanned gate or Other type of access feature and roadway through Tract "E", but rather, this may be an option that the Board may pursue after Transition. The easements set forth above shall be appurtenant to and shall pass with .the title to every Parcel subject to the following: (A) The right and duty of the Association to levy assessments against each Parcel for the upkeep, maintenance, repair or betterment of the Common Area and improvements thereon. ('B) The right of the Association to dedicate or transfer or grant an easement covering all or any part of the Common Area to any public agency, authority, or'utility for such purposes and subject to such conditions as may be deten~Jned by the Board. No st, eh easement shall materially interfere with the rights of the Owner to use the Common Area for the purposes intended. (C) The right of an Owner to the use and enjoyment of the Common Area and facilities thereon shall extend to the m~nber of his immediate family who resides with him, and to his tenants, guests and in~ees subject to regulation from time to time by the Association. 6.2 !iasements. The DeveIoper (during any period in which the Developer has any ownership interest in the Properties) shall have the right to grant such electric, telephone, gas, water, sewer, irrigation, drainage, cable teIevision or other easements, and to relocate any existing easement in any portion of the Properties and to grant access easements and to relocate any existing access easements in any portion ofthe Properties as the Developer shall deem necessary or desirable, for the proper construction of the Properties, operation and maintenance of the Properties, or any portion thereof, or for the general health'or welfare of the Owners or for the purpose of carrying out any provisions of this Declaration. Such easements or the relocation of existing easements may not prevent or unreasonably interfere with the use of the Ps.reels and Living Units. Each Living Unit and Parcel shall be subject to an easement in favor ofall other portions of the Properties for the location of utilities and for surface water drainage, for lateral and subjacent support, and for the use, maintenance, repair, and replacement of the public utility lines and other sirmlar or related facilities serving other Parcels and portions of the Properties. If, by reason of original construction, shifting, settlement, or movement, any Living Unit inadvertently encroaches upon any of the Common Areas .or upon any other Parcel, or if any Common Area encroaches upon any Parcel, then an easement shall exist to the extent of that encroachment as long as the encroachment exists. An easement for repair and maintenance of the improvements shall exist over and across adjoining Parcels. In the event that any structure is partially or totally destroyed, then rebuilt, then the Owners and the Association agree that minor encroachments on adjacent Parcels or on Common Area due to comlaxiction shall be permitted and that an easement for such encroachments and the maintenance of the structure shall exist. The Association is granted a blanket easement over the Common Area and Pamels for repair and maintenance and for eanying out its respons~ilities pursuant to this Declaration. Each parcel shall be subject to an access casement'in, favor of the adjoining Owner(s), the AssOciation, and their respective contractOrs and agents for purpOSes of USing the side and rear yard areas in order to bring materials and construction equipment to the rear of the Parcel for consmaction of pools or other Structures, for the provision of landscaping services to the Parcels, and for the fulfillment of any obligation imposed upon an Owner or the Association pursuant to this Declaration or by law, An adjoining Owner shall restore the Parcel to its previous condition following completion of such construction. The Developer shall have such easement fights as are set forth in Section 6.4 below. Following transition from Developer control, the Association shall have the authority to grant easements on the foregoing terms, subject to the Developer's prior written consent as long as DevelOper owns a Parcel or any property located in the Neighborhood. 10 Agenda ,em No. 1686 - April 27th, 2004 .. Page 4~1 of 62 OR: 3081 PG; 2069 6.3 Partition: Separation Of Interest. There shall be no judicial partition of the Common Area, except as expressly provided elsewhere herein, nor shall Dcveloper~ or any Owner or any other person acquiring any interest in the Neighborhood, or any part thereof, seek judicial partition thereof[ Nothing herein shall be corrsm~ to prevent judicial partition of any Parcel and Living Unit owned on coteanncy. The ownership of any Parcel and the ownership of the Living Unit Constructed thereon may not be separated or separately conveyed; nor may any person who does not haw an ownership interest in at least one Parcel and Living Unit hold m~mbershiP in the Association, except for DevelOper. 6.4 Construction; Maintenance. Thc Developer (including its agents, designee% contractors, successors and assigns) shall have 'thc fight, in its and their sole discretion, to enter the Neighborhood and take all other action necessary or convenient for the purpose of completing the consm.tction~thereof, of any improvements or Living Units, as tong as DevelOper is liable under the terms of any warranty in favor of an Owner, Developer and its agents, designees, contractors, and theft successors and as~gns. The Developer shall have an easement of access to the Neighborhood and any Parcels and Living Units in order to make repairs or replacements, and take all other action neceSSary or convenient for the purpose of 5alfiIling its obligations. 6.5 Additional...~ement~. Thc, parcels, shall b~ subjcCt to and benefited by any and all easements which are set forth in thc Plat for Brynwood Preserve recorded:in Plat Book at Page .... et_~. se__q.., PubIic Records of Colliex County, Florida~ The Association shall have suCh easements across the Properties and all Parcels as am necessary to fulfill its Obligations set forth in thc Governing Documents. By virtue of the recording of this DeclaratiOn, the Association, on behalf ofatl Par~'el Owner% accepts the dedication of all tracts, easements, conservation areas, et~ as Common ~, and shall henceforth be obligated to perform all maintenance and other resporm'bilities as set'for~ in the dec, cation section or other'Vise set forth in said Plat. 7. MAINTENANCE OF CoM]vION AREAS AND LIVING 7.1 Association Maintenance. All maintenance, repair and replacement which is the responsibility of the Association shall bca common expense, unless the Association undertakes maintenance, repair or replacement of those Portions of a Parcel for which a Owner is respons~l¢, due to an Owner's failure to undertake thc maintenance, repair or replacement. Thc ~iation- is respons~le for thc maintenance, repair and replacement' of all Common ~ The Association. shall'maintain, repair:and replace lawns, landscaping (shrubs and trees) and irrigation as origina~ installed on a Parcel. Thc Association shall maintain, rctmir and replace any Wall or fencing along: the Perimeter of BrynWOOd Preserve that may be constructed. Each parce! shall be SUbject to an :easement of access through the side and rear yards for personnel and equipment as 'may bc necess~ in o~er for the Association audits vendors to fulfill its maintenance obligations hereunder: No ~er may install: landscaping.on a paxcc1 that Unduly interferes with the AssoCiatiOn's ability t° fulfill any of its ~tenanCc obligatiOnS hcreander, and in partiCular its obligation to maintain any perimeter wall constructed by thc Developer'or the Associati°n in Brynwood Preserve. 7.2 .0.wner Maintenance, Parcel Owners shall main~ in a safe, clean, orderly and attractive condition those portions of the pm-cci, Living Unit and any other ~wmcntsl located thereon which arc not otherwise maintained by the Association. If an Owner :makes any: mo~cations, installations or additions to his Parcel or thc Common Areas, the O~vner and his successors h: titI¢ shall bc financi~ly responsibl~ for the insurance,: maintenance, repair and replacement of the modifications, installations or 11 Agenda Item No. ~6B6 : April 27th, 2004 Page 42 of 62 additions, as well as the cost of repairing any damage to the common elements resulting from such modifications or additions. Whenever an Owner contracts for maintenance, repair, replacement, alteration, addition or improvement of any portion of the Pm-eel or Common Area, whether with or without Association approval, such owner shall be deemed to have warranted to the Association and its members that kis contractor(s) are properly licensed and fully insured and that the owner will be financially responsible for any resulting damage to persons or property not paid by the contractors instwance. 7.3 Alterations ..and Addition.s ,to Common Areas. Mater/al alterations or substantial additions to the Common Areas may be undertaken and funds necessary levied as special assessments by the Association only upon approval by a majority of the Board: of Directors and the Developer as long as the Developer owns a Parcel or other real property in the Neighborhood. 7.4 Enforcement of Maintenance. tn the event that an Owner fails or refuses to comply with these provisions, a/tzr fourteen (14) days notice and demand from the Association and the Owner's failure to comply, the Association shall have the authority (but not the obligation) to take whatever action is reasonably necessary in its judgment to bring the Parcel and Living Unit into eonforrnity and the expenses of doing so shall be an obligation of the Owner collectable as a special assessment against that PareeI. The Association is granted an easement upon the Parcel and its improvements for these purposes. In the alternative, the Association may imtitute legal proceedings to compel the Owner to observe his obligations set forth tn the Governing Documents. 7.5 Negligence: Damage Caused by Condition in Living Unit. The owner of each Liv~ng Unit shall be liable for the expenses of any maintenance, ru-pair or replacement of Common Areas, other Living Units, or personal property made necessary by his act or negligence, or by that of any member of his family or his guests, employees, agents, or tenants. Each Owner has a duty to maintain his Living Unit and personal property therein, in such a manner as to prevent foreseeable and reasonably prevent~ble damage to other Living Units, the Common Areas or the property of other owners and residents. If any condition, defect or malfunction, resulting from the Owner's faiIure to perform this duty causes damage to other Living Units, the Common Areas or property within other Living Units, the owner of the offending Living Unit shall be liable to the person or entity responsible for repairing the damaged property for all costs of repair or replacement not paid by insurance. The Association may, but is not' obligated to, repair the damage and hold the responsible party liable for all costs, secured by a lien against the applicable ParceI. 7.6 ~ In the event the Association fails to maintain, replace or repair as herein provided, upon thirty (30) days notice to the Association, the Developer or its designee shall have the right, without being obligated to do so, to enter upon the Neighborhood and cause said maintenance, replacement, or repair to be made, and in such event, the Developer Shall have a lien upon the Neighborhood, including all Parcels therein, for the costs thereof, including, without limitation, interest, court costs and reasonable attorneys' fees and appellate attorneys' fees inem-red bythe Developer in collecting the sums expended by it. The aforesaid lien may be foreclosed in the same manner as mortgages or statutory liens are foreclosed in Florida. In the event of an emergency situation, threa~g the health and welfare of the residents, the Developer may immediately enter upon the Neighborhood and cause such maintenance replacements or repairs to be made forthwith and without the requirement of any pr/or notice thereof, and the Developer shall have an enforceable lien upon the Neighborhood as aforesaid. --. 7.7 Water Management System. The water management system shall consist of certain water management lakes and ancillary drainage facilities constructed by the Developer in conformity with Permit # 11-01904P issued by the South Florida Water Management District 'The lakes shall not be available for 12 Agenda Item No. 1686 ~'.April 27th, 2004 Page 43 of 62 use by Parcel Owners or the Association, nor shall any Parcel Owner in any manner interfere with or alter the water management system or interfere with the access rights of any entity responsible for its maintenance. The Association shall assess the Owners for ail expenses related to the operation, maintenance, and if necessary, replacement of the water management system..To the extent required by the permit, it shall be the Association's responn%ility to successfully meet and eorrrplete all permit conditions associated with wetland mitigation,: maintenance and monitoring, The water management system is Common Area. The South Florida Water Management District has the right to take enforcement action, .including a civil action for an injunction and penalties against the Association to compel it to correct any outstmnding problems with the water management system or in any mitigation or conservation areas under the responsibility or control o£the Association. 8. INSURAlqCE, The AssOciation shall obtain .and ~tain adequate insurance (with provisions for deducffbles) as follows; (A) CasualS. The coverage shah afford proteCt/on as may be appropriate against; (1) Loss or damage by fire or °ther bn~'ards cOvered by a standard extended coverage endorsement (2) Such other risks as from time to time are cUStomarily covered with respect to improvers on the Common Area including, bu! not limited to, flood, ~dalism, and malicious mischief. Ali or any part of such coverage may be extended to include personal ~ of the Association as the Board may deem desirable. The Association shall act as agent of the Parcel Owners and shall adjUSt all losses on their behalf. The premiums shall be included as a common expense. (B) Association's Public Liability. The Association shall at all times ~ntain a poliey of comprehensive liability iusuranee insuring the Association and i~ agents, the Board, and the parcel Owners against liability in connection with the Common Area in such amounts as the B~ may deem desirable, which policy shall inetude, if obtainable, a cross-liability endorsement. The premiums for such insurance shall be a common expense. 9. USE RESTR]CTIONS. 9. l R~dential PurposeS, No parcel in Brynwood preserve shall be used for :other than Single- family residential purposes, except that Parcels, or portions- of parcels may be used by .Developer for temporary offices, sales offices or model villas. Residential ~ include single-family dwellings and attached garages. Nothing in this: section shall be:construed to prOh{bit any owner from maintaining, a personal or professional h'brary, fi-om keeping his personal business' or professiOnat records in his Living- Unit, or from handling his pers~ business or Pr°fess~onal telephone ealls or written correspondence in and from his unit. Such uses are expressly decl~ customary and incidental to Single,family residential 9.2 Simas. No Parcel Owner other than the Developer may post or display any signs including "For Sale", "For Rent", "Open HoUSe~' and other similar 'signs, except with the priOr Written aPProval of the ArchiteCtural RevieWer. The Architectural Reviewer:maY ~Se ~eaS°nable r~tfi~tions on the size, e°l°r and placement of Signs, but the restrictions on signs shall not apply to Developer's signs. 13 Agenda Item No. 16B6 · April 27th, 2004 Page 44 of 62 OR', 3081 2072 9.3 _Nu/sanc_e_. Nothing Shall be done upon any Parcel which may be or may become an annoyance or nuisance to any person. No Obnoxious, unpleasant or offensive activity shall be carried on, nor shall anything be done wh/ch can be reasonably construed to constimte a nuisance, public or private in nature. 9.4 .Under~und Utiti _ty Lines and Serv/ces, All electriC, telephone, gas and other utility lines shall be installed underground. 9.5 Common Area. No parcel Owner shall make use of the Common Area in such a manner as to abridge the equal rights of the other Parcel Owners to their use and enjoyment thereof nor shah any ParCel Owner remove, prune, cut, damage or injure any trees or other landscaping located in thc Common Area. Except as otherwiSe stated in this Declaration and its Exlu'bits or with respect to I~velopeds reserved rights, any portion of the Common Area which is deemed Open space shall be owned by the Association and preserved and maintained by it and shall not be destroyed. 9.6 Pets and Animals. No animals, livestock or pOultry of any kind shall be raised, bred or kept on any Parcel, except that a reasonable number of dogs, cats and other usual and non-exotic household pets may be kept (except pit bulls which are protUl~/ted), provided they are not kept, bred or maintained for any commercial purposes. All animals shall be contained On the Owner'S Parcel and shall not be permitted to nm freely. When outside the Owner's ParCel, if the Parcel is unfenced or not equ/pped with a "silent fence', ail pets must be caged or secured with a hand held leash. 9.7 Trailers. Truck~, Commercial VehiCles, ReCrc. ati0n Veh/Cles, Mobile Homes, Boats, Campers and (A) Vans, sport utility vehicleS and pick-up trucks shall be cOnsidered to be automobiles and may be parked on driveways if the vehicle is used for the Primary purpose of transportation of passengers and their personal goods. If the vehicle is used prirnaffiy for the transportat/on of goods then it shall be considered to be a truck. All other veb/cles (i.e. all motorized and non-motor/zed vehicles except operable automobiles) including, without limitation, thc followhag: Inoperable automobiles, commercial vehicles, golf carts, recreational vehicles, all-terrain vehicles, pOnce cars, motorcycles, motorbikes, bicycles, watercra~ aircra~ house lamilers, camping trailers, other trailers, vehicles with commercial markings, racks or tools in the bed and tractors, shall be kept within an enclose~garage. Bicycle racks are Ixmnitted on non- commercial vehicles. 03) An Owner may'permit his vendor to temporarily park an otherwise prohibited vehicle on a Parcel for a period of not more than twelve (12) hours if such vehicle is necessarily being used in the constructi°n, maintenance and repair of his parcel.' (C) None of the foregoing restrictiOns shall applY 'to commercial Vehicles, pick-up truCks or other vehicles that may be Util~ by DevelOl~T, its contractors and subcOntractors for purposes of completing construction of the Community. 9.8 Exterior Colors. No exterior colors on any struCtUre shall be permitted that, in the sclc judgment of the Association, would b~ inharmonious or incongruous with Brynwood Preserve. Any furore exterior color changes desired by Owners must be first approved in writing by the Architectural Reviewer. No roofing materials or styles may be substituted for those originally constructed by the Developer. 14 Agenda Item No. 16B6 ,April 27th, 2004 Page 45 of 62 9.9 ~dscavin[, All areas not covered by structures, walkways, :paVed ~g fa¢i~ties or areas approved.by.the Association to be left in their natural state shalt be ~tained asla~ or lan~ areas to the PaVement edge. of any abutting streets and to the waterline of any abutting ~ ~ lawn and landscape azeas shall be kept in good and living condition. 9.10 paverstone. Driveways and Parking Areas, All driveways shall be constructed of concrete or 9.1t Anteamae and Flaqpoles. Antennas and satellite d/shes are pmhibi~:e~cept that (a) antennas or satellite dishes designed to receive direct broadcast satellite service which are.: one meter or less in d/ameter ~) antemas or salelIite dishes designed to receive video programming set, rices: ~ mulfi~int d~s~'butlon' ' ~' Which; ' are~ one meter,, or less in diameter;or. (c) antennas or satellite disheS, desired to receive telemmon ~oadeast lagnals, ( Reception Demce ) shall be perrmtted, provided that the ~ept~on Device is located so as not to be vis, lc from outside the Liv/ng Unit;, or/s located on the side or rear yard of a Parcel. The Board°f Directors may require that a Reception Der/ce be painted or. sca'eened by landscaping .in order to blend into the Living Unit and removed from view from the street and 0ther Livlng Units. A flagpole shall notbe used as an antenna. The Association shall not interfere with the fight Of' an Owner to display an gJneri~ flag. 9A2 'OutdOOr Falui~ment. All garbage and trash containers, oil tanks, boil/ed gas tanks.~ swimming pool eq~ment, housing and sprinkler pumps and other such outdoor equ~ .pmmt ~.t bepl~ed und~d~ walled-in or,placed in sight-Screened or fenced4n areas so that they ~ll not ~ ~.fly vim'bte from ~ _an~'adja..~[.~ :or proPerhes. Otherwise, adequate landscaping sha!l be imtalled ~d ~ed around these, facilities by the Owner. The Neighborhood and. all Li~ Units shah be eq~ with:dUal water lines, one of-Which-shall be designated to utilize non-potable water. AIl'under~ ~gation systems must beeonnected tn the non-potable water line and all spigots on the exterior portion ora structure .shall be. eormeeted to 'the potable water line. 9.13 :~zir Conditioning and Heating Equipment. All air conditioning and heating units ~1 be shielded.and hidden so ~t they shall not be readily vis~te from any adjacent streets or lxoperties-. 9.14 :S01ar Cotieetors. The Architectural Reviewer must approve the location of the materials used inthe constr~tion ofsolar collectorS. 9.15 :~WJails and-Fe~,,ees. Owners are prohibiled from constructing a wall or fence onany P~el. 9.16 Lighting. The exterior hghting of a Parcel shall be accomplished in aee~ce with a lighting plan appro~ in. writing by the Amhiteetmal Reviewer. 9.17 ¢-']othes ~g.Area. No outdoor clothes drying area shall be permitted. 9.18 Developer. As used in this Section 9, when the Association% approval is'req~ed, it shall also be :deemed tO alSO require DevelOper's approval as long as Developer owns a Parcel or other property w edn the e hborh . .. Agenda Item No. 16B6 April 27th, 2004 Page 46 of 62 I0. DEVELOPER!$ AND ASSOCIATION'S EX~ATIOtq The As~'a~- -~ ~ may grant4 Withhold or deny its ~ssion or approval in any instance where its ~ssion or approval is ~tted or required without incurring liability of any nature to the Owners or. any other .person for any reason whatSoever, any ~sion or approVal-so granted shall be binding Upon all persons. owners ~mnuy ~m'nmem, t~mnts, guests and/nvitees s~ at ~s .cOmPly w/th sll ~e covmants, conditions and reset/ct/om of the Governing Documents. All violations of the Governing Documents be reported ~diatcly to ~ member of th~ Board of Directors. B~fore tmd~g ~y. d/scip~ or:cufforecmmt ~cti0n ~inst a lin'son ~eg~ to be/n violation, ~ ~iat/on ~h~ll g/,~e the alleged violator re, son,hie Written not/ce, of th~ alleged violat/on, audbe gixtCn au ~to ~on~/nrc C~!hnc~, except in ~n~-nc/~s. Disagr~nents concern/rig v/ohtions, indudin~ w/thom lfi~/t~tion, dis~gr~-m~ts regar~ the proper /ntcrpretat/on and effect of .th~ Govern/ag ~ts, shall be ~~ to ~td 'dctem~incd by thc Board of Directors of :the Ass°ciafio~ whose in~rpmtafion of' the Governing Docur~nm and/or whose remedial sction shall control. If any l~rson, finn or c~tity subject ~_e a?v~..emi'n,g p?cum?~tS f~? to abide by th.em, as they arc interpreted.by the Bo~d of Dir~t~, thc ,,~socmuon stroll lmve tbeabflity to take any a~tion W compel compliance as set forth b~o~. 1i.I ~e~l Action. Sudiciat enforcement of the covenants and restrictions shall be byany proceeding at lawor in ~equity against any person or persons violating or attempting to violate or restriction, e~ther to restrain vmlafion or to recover damages, or against'the land to cnfo~' any lien created by these cownants; and failure by thc Association or any Owner to enforce any co~enant~ or restricti°n herein contained shall in no event be deemed a waiver of the right-to do so th~: If such action ~ instituted, the Association shall, in addition, Ix: entitled tO recover its costs and attorney'S: fees incurred in enforcing the Governing DocumentS, including those on appeal. 11.2 Entry by Association. Violation of any conctitions or restrictions, or breach of-any covenant, herein contained or in any of the Governing DoCUments, shall also give the Developer, its successors and assigns~ and/or the Association and its author/zed agents or representatives, in addition to all other remedies; the fight to enter upon the Pawel where such violation or breach exists and: in the event 0fan e~a.ergeney, mmmmdly abate and remove, at the expense of the Owner, any construction or other violation t may be or exist thereon. The Developer, its succeSSors and assigns and/or the Association and its authorized agents shall not thereby become liable in any manner for trespass, abatement or removal. 11.3 Fines. The Board, with the approval of a committee of Owners, may impose a fmc or fines against an Owner for fa,lure of the O~er, his family, Guests, invitees, tenants, or agents of any of the foregoing, to comply with any. covenant, restriction, rule, or regulation contained herein or promulgated pursuant to the. Governing Documents, according to the procedures set forth in the Bylaws. 12. LEASING, CONVEYANCE, DISPOSITION. In order to maintain a community of congenial, financially responsible resi&mts with the objectives of inbdbiting mmsiency, testing the value of the units and facilitating the development of a stable, quiet community and peace of mind for all residents, the lease, and transfer of ownership 0f a. Pareel by an Owner shall be subject to the following restrictions, which each Own~ covenants to observe (eXcept for the exceptions set forth in Section 12.4 bel6w): Agenda Item No. 16B6 April 27th, 2004 Page 47 of 62 t2.I Forrn~,, of Owr~.er~.h!n: (A) A Parcel may be owned by one natural person who has qualified and been approved as elsewhere preY/deal herein. 0t) Co-ownershp. ~wnership of parcels may be permitted. Lt'the proposed co-owners are other than husband and Wife or cohabitants' Who occ!lpy the Living Unit :as a single housekeeping unit, the oBc;Td .s,h..a~ ~ .o~,dition .~ ap_pro~!_' upon ~gnation of one of the approved co-owners as "primary upant, aha the useot tl~ pardi by 0~ ~om ~hall be aa though thep~ occupant were ~e only, actual OWner. Any change in tI~ ~ o~oupant shalI be treated.~ a tmmfea-'of ownership by sale or gift, subje,t to ail of the provisions: Ofthis ~on. (C-') Ownershi~ by Comorations:~.Tm~s, A parcel may be ownedin trust, or by a e~orafion, partnership or other entity which is not a ~ person, ff approved'in the: mariner provided for other transfers or rifle. However,. the intent of this provision is to allow flem~bility in estate, financial or tax Planning, and not to create c~tm~tanc'~sdn which the Parcel maybe USed as sho~ tam tranSient accommodations for several individuals or families. The apprOval ora Irastee, corporation or other entity as an OWner shall be: conditioned upon d~ignation-of one natural person to be the. "primary occupant", and the ~ m me primary occupant ~all be treaterl.as a transfer of ownership by sale or gif~ subject to all th~. provisions ofthis Section 12. No more than one sueh change will be approved M may twelve-mOnth period. OD) Life Estate. A Parcel. may be subject to a life estate, either [¥: operation of law or by · . occupa!!0y o~:me parcel shall be ~' ff.~e life tmmt w~- ~e ~y ~, U~ ~m of ~e iif~ ~, ~ hold~ of ~e ~aind~ ~t~e~ ~ll have :no ~C~cY H~t ~ ~Pm~ly approVed by ~e ~iafion. ~o Hfe tenet md ~Id~ of~ ~iM~-inI~t ~all ~ jo~y ~d se~lly liable for MI ~n~ ~d ch~ a~Mst ~e P~el. ~e life t~t ~y, ~ si~ed, a~meng ~sf~ ~e fi~t to vote M MI ~ociafion ~R~ w ~y one rmEd~n, ~bj~t to ap~ by.~e ~iafion of~ch ~m~t. ~c~ ~ ~e case w~ supra ~f~ h~ ~ ~, if ~e ~nsent or .~proval of ~e ~ h r~ui~ for ~y p~, ~t count Or appro~ of~e hold~ of~e ~ind~ Mt~st shMI ~t be .req~d. T~ ~ew pure?set nas:n?r r. ece~ved a copy of smd documents, ~ closing shaH: ~::delayed until such ~ as: me aocmm:nts: are ~ded, {A) :L~, Sale or Gi~ No ~er:~y :effective!y lease, or :convey title to a:Parcel or any interest :themin:~, sale or gift ~thout the :prior ~ttm aPProval of :the Beam of Directors of ~e ~iation. Agenda Item No. 16B6 April 27th, 2004 Page 48 of 62 (C) Other Transfer. If any person ac~ title in any manner not considered in the foregoing subsections, his fight, to O~cUpy the parce! shall be subject to the approval of the Association under the procedure outlined in Section .12~ below. 12.3 Pr_ oeedm-es., CA) No, tiee to Asso'eiation. (i)' Lease, Sale. or:.GiR. An Owner intending to lease his Living Unit or setl or make a gift of his Parcel or:any in~-t:~, shall give tothe Board of Directors or its: designee, written no6ce of such in~ti~ at ]ca.~ ~ty (20). days prior to- hhe date of thc proposed lease or transfer, together with the pumhasc and sate agreement or lea~,, and thc name, and address of thc proposed tenant, purchaser or donee and SuCh Other inf0nmtion ~.~. Boardmay reasonably ~uim, The Association may charge a transfer fcc ~. thc amount, of up to $100.00 for the cost of proces.~g each application and may require use of an ~v~ :-application form (2) ~ ~tan~ or Othc~ Transf~s. The mfer~cmust notify the Association of his ownersl~ and submit'to lh~ AssOciation'a ~fied copy .of the instmmtmt evidencing his ownership and such othct, inf~mtion, as'!the BOard may mblYxequire, Thc. mfer~ shall have no occupancy right ~ess apProvedby theBoa~d (exit that the transferee may inspect the Living Unit and collect the effe~ts of a decedent in connection ' with the settling of an estate), but.may sell or lease the Parcel in acextctance '~th the pr0eedures'provided in this Declaration. (3),t_ Failure to. _~W'Notice. Ifno nOtice, is given, the Association at its. election may approve or .~roV¢ the ]'~C or:~fer ~thout prior notice. [fit disappro,~t~, thc Association shall ~as. if it re:eeiVed notice on'the clare of Such disapproval; however, .thc .proposed transferee may pro~idC tile BOard the ~d.p. oticc a~)d requestreconsideration: (B) Approval, Wi~ twenty (20) days of receipt of thc :required notice and all information ~nably requested, the Board. shall approve or disapprove the lease or transfer. If a lease or transfer is approV~ the: approval shall be stated in a Om/ficate .of Approval e~,cuted by the Ires{dent or Vice-President ofthe AssoCiation in reoordablc form (for transfers) and delivered to the lessor or transferee. Ifthe Board neither approves or diSapproves with/n twenty (20) days, such failure to act shall be deemed the .e.q~va!cnt of approval, and on demand thc Board shall issue a C~catc of Approval to the leSSor or :~fer~. if:thc Association.disaPproves :without good cause, upon Written demand of th~ Owner, thc Ass~ation shall supply an alternate. purchaser it approves or :th~ ASsociation may it--ll elect to purchase and ~:OWnCr must sell to such alternate purchaser or to th~ Association. upon the sang ierms s~t forth in thc Owner's bona fide purchase and sale agreement, or thc Owner may withdraw th~ proposed sale. In the event 'of a sale, the cIosing shall occur within sixty (60) days after an alternate purchaser has been furnished of the ~ociationhas etected to purchase; (C) Disapproval. (1) The Board may--di~ove: a prrtposed !~or transfer only if~a majority of the whole BOard rotes to disapprove thc ~fex. Only the: ~iowing shali be deemed to constitutegood cause: or property, or a felony demonstrating dishonesty or moral turpitude; 18 The person seeking approval has been convicted of a felony/nvolving violence to persons Agenda Item No. 16B6 · April 27th, 2004 Page 49 of 62 ~). Tha t~$on se~g approval has a reoord of financial irresponm~ 'bRity, including ~thout limitation'prior ~i~, ~IOsures :or bad dcb~ (c) The apPliOa~: for approval on its face indicates that:the person see~g approvalinUmds to conduct kimseLf in a ~ inconsistent With the Oo~ Doeummts; (d) Th¢;~ se~ing approval has a history of d~tive b~avior or :djsr' ' d for the": and property of otherS:as.evid~rioed ~-~ conduct ~ other social organizations or ~ations, or bY~ conduct as a ~ Owaer'or ~t of a LiVing Unit; or (e) ~~n ~ approval failed to provide the information and appearance re~d to proe, e. ss :the al~lieation ~ a' fin~ly ~er, (f) ~.':~er. is: delinq~t :on.assets' owext tot he Association at the ~ of app. lio~om I2,4. ~¢ Only retire Ling ~nits ;ma.y be t~. The ~m leasing~od.is~,~' (30) days. Ho.Ling ~ rn~y :~.t~d ~'a i tinm ~¢, basis. ~'teases mUSt and:s~li b~:~ ~: u.atnm ~.~m~a:~o proviae ma~ a woauon ~f is grounds for damage~ ~0n aiid .:. gao.mat me ~or me temmt shall be resp~ble fOr the AssoCiation's attome· S ~ : costs, including tho~i~ on appeat. . ...~. ..... and w~o~ ~Uon ap~, :~d'on ~ch tm md ~ndi~o~ it d~' ~ ~. iB.~ int~. ~ oI=s ~on-S~ be~M ~l~s ~u<~,'appm~ ~: ~ by ~e 13. ~ V~OP~S ~G~S ~ D~S-: ~ Ion ~ ~e Dev~ ' I~ ' · ' o~: ~ m ~ .'&e fOllo~g ~H a~ly; ~md~ ~v o~' ~o~°m'~ ~n~. ' ........... ,~ .-. v ................... 1 :¸9 Agenda Item No. 16B6 ~ April 27th, 2004 Page 50 of 62 13,2 Assignment of Development Rights. Ail or any portion ,of the :right~ privileges, power~ and duties of the DeVeloper set f~rth in the Governing Docum~t~ .may be ~gned ~ the DevelOPer to any person'or entity~ without the consent Of any other Owner or any holder of a mortgage se~d by any Paine[ In the c~t ofsuch ~gnment, the assigne~ shall.assume such rights, powers and duties, and the Developer shall .be' relieved of all -further liability or obligation to the extent of the: assiffn~t In the event of the f°rec, lo. su~:.,.?f.anY ~ga§e ?wed by the De,el?per, or deed i~_ lieu of such foreclosure,, the ~on first acqumng uue to sucl~ :interest by reason of such foreclosure, or deed in lieu of. foreclosure, shall succeed io' ail fightS; powers, Privl]Cges and immonities of the'Developer in and to such interest md ~ Developer shall be relieved of:my limber liability or obligation'torte ~t of such. transfer Of-rifle.' 14. DURATION OF COVENANTS: ~~ OF DECLARATION: t:4.1 Dur. a, ~on of Covenants, The covenants, conditions and restrictions of this Declaration shall. run with and'bind the Properties, and shall ~ to the benefit of and be enforce, able by the Association' the South Florida. Water Management District, the Developer and any Owner, their r~ve legal' repr?sentativ~, he':m, ~su~p .taxi ~gns, for m~ initial .period to expire on. the'~ anmv~, of'the: date of recordation, of ~ D~larafion (as amended to ~.date. by. the'D~eloper or the membe~ as provided elsewhere herein). Upon the expiration °ftl~ initial perlod~ this Declaration shall be automatically renewetl and extended for snow,sire ten (I0) year periods. The n~:0f ten' (i0) year renewal periods hereunder shall be Unlimite~ with this Declaration being renewed and:extended UpOn the expiration of each: ten (t0) year renewal period for :m ;additional t~n (10) year period~ provided, however, that there shall be no renewal or extension of this Declaration if during the last year oft~:inithd ~Od, or during the laSt year of any subsequent ten ('i0) year renewal period, ninety percent (90%) of the entire membershiB .at a duty held meeting of ~ of the Association, vote .:in favor iof te~rdnating 'this DeClara~on!'at th~.~d of its then current terrm It. shall be required, that wd,'~:.n~ce of any ~g at Which suc~ ~i will be. considered, shall be given at least forty:fiw {45) days 'in-'iid~ce :0f-said meeting. If.the memb~ vote m terminate this Declaration, the Presidentand ~ ortho ~iation shatl execute a c~ficate which shall set forth .the resolution of termination so adopted~ the date of the meeting of the ~at/on, the totaI number of votes cast in favor of such resolution, and the total number of votes cast against such resolution. Said certificate shall be recorded in the Public RecOrds of Collier County. FI~ch, and may be relied upon for the correctness of the facts contained therein as they relate to the tenninati~ of this DeclaratiOn: 14.2 ProposM. Amendments to this:DeClaration n~ay be proposed at'any time by the Board of ~ctors Or by written petition signed by one~fo~ (I/4) of the entire mem~ip. If.l~y petition, the proposed, amendments must be submitted to a vote of the members not later than the next annual meeting. 14.'3 Vote Re0uired. Except as o~. provided by law, or bY specific pro,on, of the Govern/rig Docents, th~ Declaration may be mended if the proposed amendment.is, approved by at least two'thirds (2/3)of the members present (in per, on or by proxy) and voting'at any.annual:or special meeting at which a quonnn has. been established, provided that the text of each proposed amendment has been given to the Owners with notice of the meeting. No .amendment shall change any Parceys share:of liability for assessments or any Owner's voting rightS, 'unleSs the Association obtains ~ prior wfi~ consent and joinder, in reeordabie form, of all Owners and all holders ora lien against a Parc, el.-'. 14.4 Certificatel Recording. A copy of each amendment shall be attached to a certificate that the amendment was duty adopted as an amendment to the Declaration. which certificate sMll identify the Book and Page of the Public Records where the Declaration is recorded, and shall be executed by officers of the 20 Agenda Item No. 16B6 -~ April 27th, 2004 Page 51 of 62 Association with the formalities of a deed. The amendment shall ~ effective whea the certificate is recorded m the Public R~ of Co!lierCO~ty, Florida; 14.5 DeVeloo~s'Ri~!?u. Prior to transition of cOntrol o~the Board ofD~ t0 ~ers :other than the Developer, no amendment~ adoPted'by without consent and joinder of~vc!op .er,.whieh eo~t malt frrst provide its written ~nsent and which would affect the Water. Manageracnt'Slat~ and vl~ ult. ]~STt!K~e. ' ? ) :monms aner mnety percent (90%)of ali parcels in 'B~wo~ ;~ ;~ ;.~eiy ;~. ~ o~t~: OF the AsSocmtion have 'been conveyed to members other ~_n ~vel~eri. ~e~~ ~:'~ ~tI~d to elect at least one (t) member'of the 'Board of Directors as~10ng course of business at least five perc~t (5%) over control of the Board of Directors pr/or to the I all of'its appo/nted DirectOrs to resign, whereupon it shall be 'the ~tive obligaiion of members Other than D~Veioper to cie. et Directors and assume control of the Association provided that at lea~'~ (30) days notice ~ ~n sent to the members. ] 6. ~EN~CL ~ROVkSrONS, 16.1 be in.writing and shall not operate or. be construed as a waiver cluny o~pro~on :or cluny ~sequent: breach. 16.2 ~. If any section,, subsection' senti, clause, phrase or ~on of this Declaration or any of its recorded exhibits'/% for any reason, held ~i~.or. ~eonsti~onal:by any court Of con~etent jurisdiCtion, such pon/on Shall be deemed a Sep~te~ d~c~ and independent provision and ~1 not affect the validity of the remaining portions. 16.3 He__a~n_~ti. The headings, of the Sections herein are for convenience only, and shall not affect the meaning or interpretation, of the contents thereof. 2I Agenda Item No. 16B6 April 27th, 2004 Page 52 of 62 16.4 Notices. Any notice required to be sent to any Owner other than.Developer under the provisions of this Declaration or the ByLaws, shall be deemed to have been pwpeflY Sent'when nm]ed, postpaid, to the last known address of the person who appears as Owner onthe r~cords of'the Association at' the time of such marling. The Owner bears the responst'bili~ for notifying the As,Soeiafion of any change of address. Any notice sent to Developer shall be sent by certified or registered mail, mum. receipt request~ to Putte Home Corporation, 9t'48 Bonita Beach Road, Suite 102, Bonita Springs,-FlOrida 34135. 16.5 .[n..t~pret~t/on~ The Board o£Directors is responsible for interpretingi thC provisions of:this Declaration and its exhibi~ Such inte~retation shall be bind/ng upon all parties unless Wholly unreasonable. [remainder of page intentionally left blank] 22 Agenda Item No. 16B6 April 27th, 2004 Page 53 of 62 IN ~S ~OF, the Declarant does hereby execute this Declaration of Covenants, Conditions :and R~trict~ons thrOUgh its undersigned, duly authorized officer, this/,~day of [3-[1]~I ' '-, 2(102. -? In the Presence of: Printed PULTE HOME CORPORATION, a Michigan Corporation authorized to do business in the State of Florida~ Br., f vrVf/l, Wi~ ~.~vtdfi ' Its: Agent and Attorney in fact STATE OF ~ORIDA COUNTY OF L~ Thc :f~going :.i~ent was acknowledged before me this/~:[h day of ~! Ix! 2~9 ~, ~o~uon to ao ~u~ss in th~ S~te ofmoriaa,, on.J~ha~f of me co~ratiofi/I4e is perso~ 2:3: Agenda Item No. 16B6 April 27th, 2004 Page 54 of 62 BRYNWOOD PRESERVE Lots 1-85, Bryawood Preserve, according to the plat thereof recorded seq., Public Re¢ord~ of CollierCounty, Flor/da. Agenda Item No. 16B6 April 27th, 2004' Page 55 of 62 ;~:~S'A~SOCIA~ION, INC~ ..~:s:a corPorat~On o=ganizedunde= the laws of t~ S~a:te o~ Florida, filed on July 1~, 2002. The ~ocu~e~t number of this corporation is N020.00005263. I further certify that said corporation has paid. all fees due this office thrOUgh'December 31, 20.02, and t~s status is acti=e. I' further certify that said corporation has not filed Artiules of D~ssolUtion. I 'f~her ~cert~fy that this is.. an electrontcally transmi:~ted ce=tificate authorized by ~eotiOn 15~16~ Statutes~, andauth~nt~oated by the e. Ode, 602A00043'182~071i0 n&~ ~l°Wj' Given under my hand and the Great Sea1 of'~he State of Flor~c~, at Tallahassee, the Cap~tal, this the Eleventh day of July, 2002 Aut~entioation Code: ~02A00043182-071102_N020000O52G3_l/1 I 'cert'ify the~ ~ttaChed is a t~e an~ c~=rect copy of the ~ic~es of ~ In~o~oration o~''R.~D P~S~.~SiD~.S' ~S~IATION, I.C~, a'Ftor~dag co~Oration, f~led .on July 11, 2002, as ~hown by the reCOrds of this offi=e. ~ I fu=ther ~Cer~f~ ~he ~0c~ent Was e~eo~ron~oa'lly re=eived .under F~ n~r H~2000164949.. ~is certifi=a~.e is isled in aucordaace ~ith The docu~nt n~ of ~his co~orat~on-is N0200000'5263 ~n Und~- ~ :~nd and-~he ~ea:t': Seal O'f' ~h~ S:~a~ Of Flori~, Eleventh day of july, '2002 This instrument was.prepared by and After ~iog Remm to: &even M. Falk, ESq. 850: Park Shore Drive NapleS, Florida 34103 3337.1:60 OR: 34:92 PG: 3133 !~01tDSD ill O~I~ICI~L:'E~CORDS Of CoLLi~ ~y, HAPLH FL 31103 · (space-above tl~ linc for:recording data)_ ~ND1Hig~:TO. DECLARATION OF COVEN~TS. co CTIONS :BR~OOD PR~RVE ' ~ow . pursuan~ to me riihU, re~erved b~ above, the Developer hereby ~dS the'.~afloll'asi fotlow.~: Section 14,6.of the Declaration described !. Exhibit .;~,. to- the DeclaratiOn :ia hereby .amended to read, "All timt real ~?~co~_.12¥.'~[!Y?~rl~d.~ ~wOOd lh'~IYe..acc0rdinE to the prope~ and ~.ror. ~o :at rages ;:)q e.t..seq_, thlbflc ~rd/Of Collier. County, Flbrida. plat thereof reCorded in Pht IN WITNESS WHEREOF, tile' Develol~r has executed this Amendment effective as 'of the day and year. writt~abelow. · Signed, s~aled and delivered in the. Pregnce' of: w.i&m Namo: .: - PULTE ltO ~TIoN, a Michigan' do busin~ 'in John Ste~n' ~emPton I~ Agent a&A~ ~ Fact STATE OF'FLORIDA COUNTY OF LEE Steven ~ton. as Agent and Att0mey ~: Fact for ~lm Home Co.ration, a M~igan ~o~fion ~ownaUth°ri~to ~.t° do ~si~ss in ac Sm~ of ~or~a, on.. ~lf of m~ m~omtion. Het~e is ~r~Hy j . Agen~ltem No. 1686 · ~ /~pdl 27th, 2004 ' ~ ~ // Page 58 of 62 ]~3L~S~ FLORXDA 3~0S,304.1 ORIGINAL Page 01 of 01 Agenda Item No. 16B6 April 27th, 2004 Page 59 of 62 Agenda Item No. 16B6 April 27th, 2004 Page 60 of 62 THIRD AME~~ TO .DECA,ARA~ON OF COVENANTS, CONDITI0~ AN~ R~'~RICTION$ BRYN~/OOD PRESERVE "I~1~. mi Seotion 14.6 of ~e Dectaraiio~ ~ to th~ 1:~.~. '~J~ ri~-~ ~ ~e Agenda Item No. 16B6 April 27th, 2004 Page 61 of 62 I~.SOLVED: ~'~ oa,~ ~ts ~ed tv Collier C~, :.Pl~ida. has approved and. F DtRRCTOI~ tS$OClATIoN, iNC, ~ .. . ., .... : r'"r~ ~: .,,.,u~.. -_ : ~ I. Agenda Item No. 16B6 -April 27~, 2004 Page 62 of 62 EXECUTIVE SUMMARY Approve a budget amendment in the amount of $1,654,309 for the Final Judgment for Parcel 110, Collier County vs. Northside Construction Company for Pine Ridge Road 6 Laning Project No. 60111. OBJECTIVE: To receive Board approval of a budget amendment in the amount of $1,654,309 for the Final Judgment for Parcel 110, Collier County vs. Northside Construction Company for Pine Ridge Road 6 Laning Project No. 60111. CONSIDERATION: From February 17, 2004 to February 25, 2004 a jury trial was held in which Northside Construction Company was awarded the total amount of $1,654,309 for Parcel 110 in the Pine Ridge Road 6 Laning Construction Project. Funds were not budgeted in the project for this payment. A budget amendment is needed to move funds fi.om reserves and appropriate within the Pine Ridge Road project. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $1,654,309 from the Transportation Supported Gas Tax Reserves and appropriate within the Pine Ridge Road Project 60111. GROWTH MANAGEMENT: None RECOMMENDATION: That the County Board of Commissioners approve the necessary budget amendment. Agenda Item No. 16B7 April 27th, 2004 Page 1 of 17 Prepared by: Sharon Newman Transportation Account Supervisor Date: Reviewed and Approved by: Norman Feder, AICP Transportation Administrator Date: Agenda Item No. 16B7 April 27th, 2004 Page 2 of 17 Item Number Item Summary Meeting Date Approved By Norm E. Feder, AICP Transportion Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS' 16B7 Approve a budget amendment in the amount of $1,654,309 for teh Final Judgment for Parcel 110, Collier County Vs. Northside Construction Company for Pine Ridge Road 6 Laning Project No. 60111 4/27/2004 9:00:00 AM Transportation Division Administrator Transportation Services Admin. Date 4/20/2004 2:06 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4~20~2004 3:34 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/20/2004 5:11 PM Approved By James V. Mudd Board of County Commissioners County Manager County Managpr's Office Date 4~20~2004 5:47 PM Agenda Item No. 16B7 Apdl 27th, 2004 Page 3 of 17 Transportation Engineering Department PAYMENT REQUEST FORM Vendor Name & Address Project Description BCC Date/Item No. Account No: PROJECT SUMMARY Clerk of Courts Date: PO # .Pymt ~ Project # 313-163673-761100-60111 313-163673-649030-60111 3/3O/2OO4 .~spen, se Acct 1 60111 s ,654 .oo !'0o~0o Original Contract Amt Change Orders Current Contract Amt $ - Value of Work to Date Less Retainage Amt~ Less Previous Paid AMOUI'.rr DUE: PAYMENT NEEDS TO BE RETURNED TO FISCAL ON OR BEFORE PAYABLE CHECK UST Contract/Bid Checked Against Invoice Vendor Name, Address. 1099 Info Discount Taken and Shown on PO PO # on Invoice Authorized Signature Verified on VTX Invoice Extensions and Totals Checked PO Balance Checked and Matches FMS/PU Correct Account Charged Reimbursables (backup) Increase to PO? PAYMENT PROCESSED BY LISA TAYLOR DALE BATHON DIRECTOR X X X X X X X X X Agenda Item No. 16B7 April 27th, 2004 Page 4 of 17 INTEROFFICE MEMORANDUM TO: FROM: DATE: RE: Sharon Newman, Accounting Supervisor, Transportation Division Heidi F. Ashton, Assistant County Attome~\r'') March 23, 2004 ROUTING OF PAYMENT: case NO~ ~0136.CA / parcel i10 Attached is a copy of the Stipulated Final Judgment for the above-referenced parcel(s) that was entered by JUdge Schoonover on March 16; 2004, after the jury trial concluded on February 25, 2004, TO Trans/ECM: Please have a check issued payable to the Clerk of Courts in the amount of which includes $ + $100 se~ice fee' to Clerk). Interest after 3/15/04 will .be processedseparately afterWe know the date of deposit. ~ ' TO FINANCE: Attn: Audrey Martinez Please issue the check to the Clerk of Courts, attach it to this memorandum and deliver it to Bookkeeping. TO BOOKKEEPING: Attn: DianeSteves Please deposit the attached check and issue a new check in the amount of $I654;209.00 to the RUDEN MCCLOSKY SMITH SCHUSTER & RUSSEIJ~ P.A. TRUST ACCOUNT, c/o of Thomas R. Boil, Esquire and mail same to Thomas R. Bolf,.Esquire, Ruden, McClosky Smith Schuster & RUSsell, P.A., P. O. Box 1900, Fort Lauderdale, FL 33302, less any amounts previously paid for the benefit of Respondent. Tax I.D. #59-1307357 Please do not hesitate to call, if you have any HFA/g Attachment DATE ~e 5 of 1: TO F~NANC~- ......................... COPy IN TffE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA CASE NO.: 00-0136-CA COLLIER COUNTY, FLORIDA, a Political subdivision of the State of Horida, Petitioner, NORTHSIDE CONSTRUCTION COMPANY, etaL, Respondents. : : PARCEL: · FINAL JUDGMENT FOR PARCEL 110 THIS CAUSE came on for trial on February 17, 2004 to February 25, 2004, and the jury, having been impaneled and sworn to try what compensation shall be made to NORTHSIDE CONSTRUCTION COMPANY for the property sought to be appropriated, and having heard the evidence and charges of the Court, and having retired to consider its verdict, returned the following verdict (Verdict Form ~ inserted at Page~ and incorporated by ~ferenco as though fitly set forth herein): AND FIYRTHER that the parties having stipulated to the value of the nursery stock taken herein in the tunount of Thirty Two Thousand Five Hundred and no/100 ($32,500.00) Dollars, in addition to the compensation encompassed within the Verdict. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED that upon entry of this Final Judgment, the Petitioner, COLLIER COUNTY, having previously paid the mount of Two Hundred N-mety Two Thousand Two Hundred and no/100 ($292,2~;~~ of Page 6 of 17 FI'L: 1 t 73059:2 this Court, shall deposit the additional sum of One Million Two Htmdred ~ Eight Thousand Nine Htmdred and no/100 ($1,238,900.00) Dollars into the Registry of the Court on or before thirty (30) days from the date of this Judgment, said amount being the difference between the award for land taken, severance'damages and nursery stock totaling One Million Five Hundred ~irty One Thousand One Hundred and no/100 ($1,531,100.00) Dollars and the amounts previoUSlypaid to the Defendant, and it is further ORDERED that the Petitioner, COLLIER COUNTY, shall pay interest on ~ increased award (excluding the $32,500 nursery stock) at the Statutory interest rates applied ~een April 20, 2000 and March 15, 2004, for an amount totaling Four Hundred Fitteen Tho_usand ~ Hundred Nine and 00/100 ($415,309.00) Dollars, which sum Petitioner shall deposit into tho Registry of the Court on or b~fore, thirty (30) days from the date of this Judgment. Additionally, COLLIER COUNTY shah pay the amount of Two Hundred ~ S~"ven and 62/100 ($231.39) Dollars in p~ diem interest after March 15, 2004 until the date of the deposit, and it is fitrthex ORDERED 'that the Petitioner, CeLL ~IER COUNTY, shall pay the sum of One Hundred ($100.00) Dollars for each deposit made (Collier County may combine the above deposits into one deposit). ORDERED that, upon deposit of the referenced sums bythe Petitioner, the Clerk ofthe COurt shall pay the deposit amount to Ruden, McClosky, Smith, Schuster & Russell, P.A. Trust Account, Pa§e 7 of q 7 ~derdale, FL 33302, without fin-ther order of this Court, and it is further ORDERED that the Court reserve jurisdiction to tax costa, expe~ts':£ee~, mhd attorneys' fees, in this cause. DONE AND ORDERED in .Chambers at Naples, Colli~County, ~dda, ~ of Copies fumish~ to: Thomas R. Bolf, ~.q..~/ Joe Fixel, Esq. All Parties on Attached Service List~/J~ Agenda Item No. 16B7 April 27th, 2004 Page 8 of 17 Joe Wv Fixel, Esq, Fixel & Maguire 211 South Gadsden Street Tallahassee, FL 32301 Heidi Ashton, Esq. Assistant County Attorney Collier County Attorney's Office 3301 E. Tamiami Trail Naples, FL 341124902 Jean G. Howard, Esq. P.O. Box 029100 ~ami.,'-~FL 33102-9t~ Attorney for Florida Power and Light Collier County Tax Collector E. Glem~ Tucker, Esq. P.O. Box 887 Marco Island, FL 34146-0887 Collier County Clerk of the Circuit Court P.O. Box 413044 Naples, FL 33941 Thomas R. Boll, Esq. Ruden, McClosky, et al P.O. Box 1900 Fort Lauderdale, FL 33302 Agenda Item No. 16B7 April 27th, 2004 Page 9 of 17 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, lin AND FOR COLLIER CO~, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the state of Florida, Petitioner, VS. NORTHSIDE CONSTRUCTION COMPANY, et al. : CASE NO.: 00-0136-CA - PARCEL: 110 Respondents. ' VERDI~ WE, the jury, as to Parcel 1 I0, find as follows: FIRST, that an accurate description of the property taken is the following: (Attached as Exhibit 1). SECOND, that full compensation to be.paid to Northside Construction Company, for the land taken and damages is as follows: a. Value of Property Taken b. Severance Damages, if any c. Enhancement, if any ,, Severance Damages Less Enhancement (Subtract c. from b. and place in space to the right. However, ff c. is greater than b., place zero in space to the fight) Total Compensation: (Add only line a. and line d. for total Compensation and place in space to the right.) Agenda Item No. 16B7 April 27th, 2004 Ag~ltem No. 16B7 . ~. ~tPril 2Z. th, 200~4 ~ / . . ~o~p~o-~. z~ ~ ' PUBLIC WORKS ENGINEERING DEPARTMEI'rr 2685 SOUTH ItORSESIIOE DRIVE, NAPLES, FLORIDA 34112 (239) 659-5'/73 ~'^~C~.L~O... l ! 0 FOLIO NO.,. LEGAL DESCRIPTION CLOT. A SIJRVEY) PUBLIC WORKS ENCiNEERINC DEPARTMENT ~30 ! EAST TAk~IAUt TRAIL NAPLES, FLORIDA 54 ! t 2 'SK~TCH'"OF DEsCRiPTION Curve number IL Arc: = 608~66~ Chord = 608.36' Chord Arc = ~07,09' Chord = ~07~7' Chord CURVE'x. PARCEL 1t0~ P.O.C. Hot vatld unless signed =r~d seated with ~che embossed seat oF ~he PrO~ess~n~ land surveyor ; Agenda Item ~ THIS IS ONLY A SKETCH April 2~.~; ..... '",~' '::!" Page ~ ~ ~ ~ LAW OFFICES FIXEL, MAGUIRE & WILLIS 211 South Gadsden Street Tallahassee, Florida 32301 Telephone (850) 681-1800 Facsimile (850) 681-9017 AMENDED ATTORNEY/CLIENT PRIVILEGED CONFIDENTIAL M E M O R A N D U M TO : FROM : DATE : David Weigel, Esquire Heidi Ashton, Esquire Joe W. Fixel, Esquire April 19, 2004 Collier County v. Northside Construction Co. - Case No. 00-0136-CA Property Owner: Northside Construction Company - Parcel 110 File No. 19-08-110 This is a summary of events leading up to and through the February 17'h - February 26th two week jury trial of the Collier County v. Northside Construction Company ("Northside") eminent domain law suit. On April 20, 2000 the County acquired 139,348 square feet of property along Pine Ridge Road and Livingston Road from the Northside site which is the northwest comer of Livingston and Pine Ridge Road. The County's appraisal of full compensation as of April 20, 2000 was in the amount of $292,200.00. On January 23, 2002 the County received the first settlement proposal from Northside. Northside demanded payment of $2,277,150.00. In its settlement proposal Northside indicated that relatively small portions of its claims could be mitigated if the County would meet nonmonetary certain demands of Northside with respect to potable water service, waste water service, and access issues regarding Northside's remaining property which was not taken by the Agenda Item No. 16B7 April 27th, 2004 Page 14 of 17 Heidi Ashton April 19, 2004 Page- 2- County. On January 14, 2003 a formal mediation occurred. At that time, Northside tendered a settlement offer in the amount of $2,222,300.00. Northside also offered an alternative to the County. The alternative was $1,222,300.00, but it was conditioned on the County committing to permit certain access to Northside's remainder property for its intense redevelopment. What was requested in terms of access significantly violated the County Land Development Code's Access Management Policy standards for safety. This access request was thoroughly evaluated at mediation by the County's Transportation Department and rejected. Alternative access accommodations, consistent with the County's Access Management Policy were proposed by the County at mediation, but were not acceptable to Northside. The mediation impassed (i.e. failed) because the County did not agree to pay the above-referenced monetary claim of $2,222,300.00 and the County concluded it was not in the best interest of public safety to permit the access which was being demanded by Northside at mediation. After some extraordinary delays, the February 2004 trial commenced and resulted in a February 26th jury verdict of $1,498,600.00. The jury was presented with testimony from a highly skilled CPA owner representative of Northside who testified to full compensation in the amount of $2,256,000.00. In addition, Northside presented an appraisal witness who testified to a compensation figure of approximately $1,700,000.00. The County's first trial appraiser, Bruce Dilges, testified to alternative compensation figures of $230,000.00 and $993,000.00 for the property taken and zero for damages to Northside's' remainder site. The County's second trial appraiser, Woody Hanson, testified alternatively to $319,500.00 and $972,158.00. Included in the higher figure of Mr. Hanson was $362,846.00 in damages to Northside's remainder parcel which Mr. Dilges had not recognized. Further, unlike Mr. Dilges; Mr. Hanson added a remainder special enhancement offset in the amount of $209,457.00 that he deducted from his damage conclusion. The net effect of the County appraisal testimony was that it appeared to the jury that the County's appraisers' combined highest compensation totaled $1,355,846.00 ($993,000.00 for the taking plus $362,846.00 for damages to Northside's remainder). How did this situation of alternative higher County appraisals arise? It arose because there was a question of the constitutionality and applicability of Section 73.071(5), Florida Statutes. The question was whether or not in paying for the property taken, the County had to include that increase in value solely due to the project for which the property was taken. Agenda Item No. 16B7 April 27th, 2004 Page 15 of 17 Heidi Ashton April 19, 2004 Page- 3- Due to uncertainty as to how the trial judge would ultimately decide that legal question and Court ordered appraisal disclosure deadlines, the County prepared its trial appraisals in the alternative, so that the County would be in a position to present evidence before the jury in the event the trial court ultimately ruled in its favor or against it with respect to whether or not increase in value due solely to the County's project should be excluded when determining compensation for the taking. As the trial began the trial judge specifically disallowed any mention of the County's alternative higher appraisals based upon an earlier November 20, 2003 court ruling by a different judge in favor of the County. Accordingly, the County did not disclose those higher figures to the jury at the initial stages of the trial. Subsequently, near the end of the lengthy jury trial, the trial judge reversed himself and allowed Northside to present to the jury these significantly higher alternative appraisals prepared by the County's appraisers. This unfortunate rum of events resulted in the jury being able to use the County's own alternative much higher appraisal numbers which could be combined to yield $1,355,846.00 ($993,000.00 via the Dilges higher appraisal for the property taken, together with the portion of the Hanson higher appraisal which recognized severance damages to the remainder property of $362,846.00). It is interesting to note that the verdict of $1,498,600.00 appears to be just slightly less than a split of the County's highest combined figure of $1,355,846.00 and the lowest Northside trial figure of just less than $1,700,000.00. In addition, during the trial the County and Northside stipulated that the County pay $32,500.00 for nursery stock that was planted and in the taking area. The County was forced to stipulate to the compensability of this planted nursery stock as the result of an earlier unfavorable court ruling that had been based upon the County Real Estate Department having supposedly agreed to pay for these items before the litigation occurred. It is also noteworthy that the County has a separate statutory obligation to pay interest on the verdict amount in excess of the initial deposit of $292,200.00 for the period of time which had passed from when Northside surrendered possession of the property taken through the time the final judgment is paid. It is the County's position that Northside surrendered possession on November 30, 2001. This interest amount will be calculated by statute at the rate of 11% for 2001, 9% for 2002, 6% for 2003, and 7% for 2004. Agenda Item No. 16B7 April 27th, 2004 Page 16 of 17 Heidi Ashton April 19, 2004 Page - 4- In sum, the jury verdict in the amount of $1,498,600.00 together with the aforementioned $32,500.00 for nursery stock, equates to $1,531,100.00. This is nearly three quarters of a million dollars less than the property owner demanded when it tendered its first settlement proposal to the County. In addition, it was $724,900.00 less than the owner CPA representative requested the jury to pay Northside at trial. The aforementioned statutory interest on the difference between the verdict amount and the $292,200.00 initial deposit will also need to be paid by the County. However, the County avoided having to pay interest on the aforementioned $724,900.00 sought by Northside at trial, but not agreed by the jury to be included in the verdict. The County's liability for Northside's attorney fees and costs in amounts yet to be determined will be dealt with separately. Why did the County choose to litigate through a jury verdict and not settle, especially in light of the County having successfully settled all parcels along the Pine Ridge Road project except for the Northside tract and one other parcel which also had to be tried? In each of those many settlements, the County used Section 73.071(5), F.S. as leverage to secure a compromise with respect to the County's possible liability for paying increased values enjoyed by the properties taken due to its project. However, in this case Northside refused to compromise in this regard and consistently demanded to be paid in excess of $2,200,000.00 compared to the County's initial deposit of $292,200.00. The only substantive compromise offered by Northside occurred when the County received Northside's mediation proposal which was conditioned upon the County agreeing to a significant departure from the County's Access Management Policy being applied to Northside's remainder property when it is ultimately intensely redeveloped. When the County refused to compromise these safety standards, Northside refused to offer any significant negotiating flexibility. In fact, through trial fhe County never received any written offer of settlement or specific verbal offers from Northside less than the aforementioned $2,277,150.00 back on January 23, 2002 and what has been previously described as having occurred at mediation. Accordingly, on the whole, while the results of this trial were not as desirable as the County had hoped would occur, the County did what it had to do under the circumstances. This resulted in the substantial savings of $724,900.00 (plus interest savings on that amount) to the County and the County not sacrificing the integrity of its Land Development Code's Access Management Policy which provides for the safety and welfare of all County citizens. No appeal is recommended. Agenda Item No. 16B7 April 27th, 2004 Page 17 of 17 EXECUTIVE SUMMARY Award of contract # 03-3505 - "Consultant Services for Developing a Roadway Asset Inventory Database" in the estimated initial contract amount of $502,259.50. OB~IECTIVE: To receive Board approval to enter into a contract with Space Imaging, LLC. to create an accurate and comprehensive roadway asset inventory data layer that is compatible with the county's geographic information system (GIS). CONSIDERATIONS: The Transportation Service Division maintains a comprehensive inventory of roadway infrastructure assets. To maximize the life of all the roadway infrastructure assets with the least overall cost, the Transportation Services Division needs to record and report on its value and condition of all existing assets. To meet that requirement, the Transportation Services Division needs to develop a highly accurate geographic information system of all County roadway system and all transportation roadway assets. On December 16, 2003, the Board approved Agenda ltem No. 10 (A), authorizing the staff to begin contract negotiations with the top ranked fin'm, Space Imaging, LLC. Staff has successfully completed contract negotiations to the amount of $502,259.50. The tasks are to create a GIS database of all transportation roadway assets for an initial 300 miles of County maintained roads. FISCAL IMPACT: Funds in the amount of $250,000 are available in the County-Wide Capital Fund (301) under the GIS project (50014). Funds in the amount of $72,292.50 are available under Transportation Administration Fund 101. Funds in the amount of $179,967 are available in the Transportation supported Gas Tax Fund under Project 60173. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact result from this project. RECOMMENDATION: That the Board of County Commissioners award a professional services agreement to Space Imaging, LLC. and authorize the Chairman of the Board to sign the standard, County Attorney approved contract. -1- Agenda Item No. 16B8 April 27th, 2004 Page I of 2 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B8 Award of contract # 03-3505 - ~Consultant Services for Developing a Roadway Asset inventory Database" in the estimated initial contract amount of $502,259.50. 4/2712004 9:00:00 AM Prepared By Beth Yang Transportion Services Senior GIS Analyst Transportation Planning Approved By Bert Miller Administrative Services GIS Manager Date Information Technology 4113/2004 9:05 AM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Date Purchasing 4/14/2004 8:51 AM Approved By Barry Axelrod Administrative Services Information Technology Director Information Technology Date 4/14/2004 9:10 AM Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 4/14/2004 8:28 PM Approved By Norm E. Fader, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 4/20/2004 1:54 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/2'1/2004 12:1t PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4121/2004 12:34 PM Agenda Item No. 16B8 Apdl 27th, 2004 Page 2 of 2 Executive Summary Approve Amendment 1 to Contract 03-3517 with Greeley and Hansen LLC for "Professional Engineering Services for Water Main Projects" in the amount of $72,710. Project 60001. OBJECTIVE: To receive Board approval of an amendment for professional engineering services to perform surveying services for the Transportation department related to the road- widening project of Collier Boulevard (CR 951). CONSIDERATIONS: The 2002 Water Master Plan Update includes the construction of three water transmission mains to carry treated water from the South County Regional Water Treatment Plant to proposed water storage facilities on Manatee Road. The Board approved Contract 03-3517 with Greeley and Hansen, LLC for "Professional Engineering Services for Water Main Projects" on December 16, 2003, Agenda Item 16 (C) 19. The original Contract included a survey required for design of new water mains along CR 951 and US 41. Amendment 1 is for additional related survey services needed to design the upcoming CR 951 road-widening project. Since this is the same survey area, adding the road design survey to this Agreement rather than engaging a separate fh-m for overlapping tasks will result in savings estimated at $100,000 to the road design project. The additional costs for this Amendment will be funded by the Transportation Department. Staff has determined that the scope and fees are fair and reasonable. The fees are commensurate with the level of complexity and the magnitude of these projects. FISCAL IMPACT: Funds for the project are included in the FY 2004 Budget adopted by the Board on September 18, 2003, Agenda Item 2H, (Resolution 2003-318). The source of funds is gasoline taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve Amendment 1 to Contract 03-3517 with Greeley and Hansen LLC in the amount of $72,710.00 and authorize the Chairman to execute the Amendment. Agenda Item No. 16C1 April 27th, 2004 Page I of 4 Item Number Hem Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMfSS[ONERS 16C1 Approve Amendment 1 to Contract 03-35i7 with Greeley and Hansen LLC for 'Professional Engineering Services for Water Main Projects" in Se amount cf $72,710. Project 60001. 4!27/2004 9:00:00 AM Prepared By Ronald F. Dillard. P.E. Public Util~ies Senior Pro~ect Manager Public Utilities Eegineering Approved By Roy B. A~derson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 4/12!2004 4:32 PM Approved By Gary Putaansuu Transportion Services Senior Project Manager Date Transportation Engineering ar~t 4/12/2004 1:39 PM Construction Approved By Sharo~ Newman Transportion Services Accounting Supervisor Date Transpodation Administration 4/t 2~2004 It :51 AM Approved By Steve Camell Administrative Services Purchasing/General Svcs Director Date Purchasing 4/13/2004 1:44 PM Approved By Eugene Calvert Transportations Services Principal Project Manager Date Transportation Engineering and 4/13/2004 2:30 PM Construction Management Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 4~1412004 12:07 PM Approved By Susan Usher Coun~ Manager's Office Senior Mal:agementJ~udget Analyst Office of Management & Budget Date 4/20/2004 3:35 PM Approved By Michael Smykowski County Managers Office Management & Budget Director Office of Management & Budget Date ~/20/2004 5:44 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/21/2004 9:06 AM Approved By Thomas Wides Public Utilities Operations Director Date Public Utilities Operations 4[5/2004 4:56 PM Approved By Gregg R, Strakaluse Transportion Services Transportation Engineering! Date Construction Mgmt Director Transportation Engineering and 4/6/2004 1:56 PM Construction Approved By William D. Mullin, PE Public Utilities Principal Project Manager Date Public Utilities Engineering 477/2004 8:04 AM Agenda Item No. 16C1 Apdl 27th, 2O04 Page 2 of 4 EXHIBIT A-l: Amendment 1 to Contract 03-3517 "Professional Engineering Services for Water Main Projects" This amendment, dated _, 2004 to the referenced agreement shall be by and between the parties to the Original Agreement, Greeley and Hansen LLC, (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract 03-3517 "Professional Engineering Services for Water Main prOjects'' In order to continue the services provided for in the original Contract document referenced above, the Consultant agrees to amend the above 'referenced Contract as follows. Schedule A, Item A.8.2 Additional services. The original Agreement included survey required for design of new water mains along CR 95 I and US 41~ Amendment No. I is for additional related survey services associated with the upcoming road widening design requirements for CR 951. Since this is the same survey area, adding the road design survey to this Agreement rather than engaging a separate firm for overlapping tasks will result in savings to the Transportation Department road design Agreement 03-3553. The additional costs for this Amendment will be funded by the Transportation Department. The Consultant agrees that this amends the original Contract and that the Consultant agrees to complete said services in the amount of seventy two thousand seven hundred ten dollars ($72,710). All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: By: Dated: CORPORATE SEAL CONSULTANT: Greeley ~d I~sen LLC By: Title: Dated: Agenda Item No. 16C1 April 27th, 2004 Page 3 of 4 ATTEST: Dwight E. Brock, Clerk OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman Approved as to form and Legal sufficiency: ~- ~ ~ .~ g;~ Assistant Co4nl~y Attorney Agenda Item No. 16C1 April 27th, 2004 Page 4 of 4 EXECUTIVE SUMMARY Adopt a Resolution and approve a Declaration of Easement for a deep injection well and monitoring well facilities at the North County Water Reclamation Facility, at an estimated cost not to exceed $10.50, ProjeCt Number 73948. OBJECTIVE: That the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (Board), adopt, approve and authorize its Chairman to sign the attached Resolution and Declaration of Easement. CONSIDERATIONS: The North County Water Reclamation Facility Class I Injection Well Project has been completed. In order to meet Underground Injection Control Program requirements, it is necessary to record an easement denoting the specific locations of the deep injection well and monitoring well facilities. These facilities are shown and described on Exhibit "A", to the attached Declaration of Easement. The Resolution and Declaration of Easement have been reviewed and approved by the Public Utilities Department, Parks & Recreation Department, and the County Attorney's Office. FISCAL IMPACT: The total cost to record the Declaration of Easement will be $10.50. Funding is included in the NCWRF project, which is included in the FY 04 Wastewater Capital Budget, Wastewater Impact Fee Fund 413, approved by the Board on September 18, 2003. Source of funds is Wastewater Impact Fees. GROWTH MANAGEMENT IMPACT: This project is part of the 2002 Wastewater Master Plan Update adopted by the Board of February 25, 2003 as Agenda 10(B). RECOMMENDATION: That the Board of County Commissioners: Adopt the attached Resolution, approve the attached Declaration of Easement and authorize Chai/man Fiala to execute both on behalf of the Board; and Authorize staff to record the Declaration of Easement in the Public Records of Collier County, Florida. Agenda Item No. 16C2 Apdl 27th, 2004 Page 1 of 6 Item Number item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C2 Adopt a Resolution and approve a Declaration of Easement for a deep injection well and monitoring well facilities at the North County Water Reclamation Facility, at an estimated cost not to exceed $10.50, Project Number 73948. 4/27/2004 9:00:00 AM Prepared By Toni A. Mort Administrative Services Real Property Supervisor Facilities Management Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 4/13/2004 5:07 PM Approved By J~m~s W. DeLony Pubiic Utilities Public Utilities Administrator Public Utilities Administration Date 4/t4/2004 5:52 PM Approved By Susan Usher County Manager's Office Senior ManagementJBudget Analyst Office of Management & Budget Date 4/16/2004 5:14 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/19/2004 1:55 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/1912004 2:09 PM Approved By Charles E. Carrington, Jr., SR/ WA Administrative Services Real Estate Services Manager Facilities Management Date 4,'7/2004 12:18 PM Approved By Skip Camp, C.F.M. Administrative Services Facilities Management Director Facilities Management Date 4/7/2004 2:17 PM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 4/8/2004 4:09 PM Agenda Item No. 16C2 Apdl 27th, 2004 Page 2 of 6 PROJECT: NCWRF Deep Injection Wells FOLIO: 00167840006 & 00167880008 DECLARATION OF EASEMENT THIS DECLARATION is made this day of 2004, by BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLEER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLEER COUNTY WATER-SEWER DISTRICT, having a mailing address of 3301 East Tamiami .Trail, Naples, Florida 34112 hereinafter referred to as 'Declarant.' ' Declarant is the owner of certain real property situated in Collier County, Florida, more fully described below, hereinafter referred lo as the-"Property.' See attached Exhibit 'A' which is incorporated herein by reference. Declarant hereby decla[es that the Property is and shall be held, used and occupied in accordance with and subject to a non-exclusive, perpetual easement and privilege to enter upon, construct and maintain deep injection well and monitoring well facilities on the Property as contained in this Declaration and described in Exhibil 'A,' altached hereto and made a part hereof, hereinafter referred to as the 'EasemenL' The Easement, as set forth in this Declaration, shall bind, and the benefits thereof shall inure to Declarant and ils representatives, agents, successors and assigns. IN WITNESS WHEREOF, Declarant has caused these presents to be executed the dale and year firsl above written. ATTEST: DWIGHT E. BROCK · Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: DONNA FIALA, Chain~an Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Altorney Agenda Item No.. 16C2 April 27th, 2004 Page3 of 6 SPECIFIC PURPOSE SURVEY SECTION 27, TOWNSHIP 43 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Ill INJECllON ~ ~mu~ ~ 2~7*g,o3s' ~ Ii~,T - NORrI'HING: 70182S.,~37 (FT) Loe~m,e~ w ar,~4'oe.err' ffr,,ASTING: '~981.~7.4-70 Or'F) El._rv*~ - ,,.~z4~' :r. ' ta '?~,'x ~3~roe W~LL EA_~TING: 3ffi1376.41;~ (F'~ L~TITUO~ N 26'1.5'44-.¢76' -, ~sc ~l~ ~o7~ LONCJTUDE.: W 81'47'1t.792" NORTHING: 7018~1B.404 (IRT) '~ B~<~,,~t~ FI.~E E1.=182~' FASTING: 598257.369 (F'FJ azv. - LAII'FUOE: N 26'15'44.458' I..EGI~N'I): LONGmJID~ W 81'4-7'15.099" (u) . ~ PRI~PAP. J~D SPECIFIC PURPOSE. SURVEY Agenda Item'No. 16C2 April 27th, 2004 Page 4 of 6 RESOLUTION NO. 2004- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT (HEREINAFTER REFERRED TO AS DISTRICT) AUTHORIZING THE DECLARATION OF A UTILITY EASEMENT. wHEREAS, District is desirous of encumbering property currently owned by the District with a utility easement described in Exhibit "A", attached hereto and made a part hereof; and WHEREAS, the described easement is a necessary element required for installation and maintenance of a deep injection well and monitoring well facilities at the North County Regional Water Treatment Plant; and WHEREAS, the easement is a requirement of the Underground Injection Control program; and ADOPTED this __ day of majority vote favoring adoption. NOW, THEREFORE, BE IT RF~OLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners of Collier County, Florida, hereby approves the Declaration of Easement described in Exhibit "A" and authorizes its execution and recording in the Public Records of Collier County, Florida. This Resolution shall lake effect immedialely upon adoption. 2004 after motion, second and ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and leg~Tsufficiency: Ellen T. Chadwell Assistant County Attorney By: DONNA FIALA, CHAIRMAN Agenda Item No."16C2 April 27th,,~12004 Page5 of 6 SPECIFIC PURPOSE SURVEY SECTION 27, TOWNSHIP 4~ SOLrTH, RANGE 25 EAST, ~ n~ ~ ~ ~s · COLLAR CO~, ~O~DA -- ~ ~ ~ ~ 3~137.~70 LAllTUDIE: N 26' 15'44.4-58' LEGEND: LONGTI1JOE: w 81'47'15.099' a. ~mtmo FLANGE trl ~18_5' · - ,~:~ p P..E~A.,RED FOR: SPECIFIC PURPOSE SURVEY Agenda Item No. 16C2 April 27th, 2004 Page 6 of 6 EXECUTIVE SUMMARY Convey a Utility Easement from Collier County, a political subdivision of the State of Florida to the Board of County Commissioners of Collier County, Florida, as Ex.Officio the Governing Board of the Collier County Water-Sewer District to reflect the as-built location of a raw water line at a cost not to exceed $10.50, PUED Project 70054. OBJECTIVE: That the Board of County Commissioners (hereinafter referred to as Board) ~onvey a utility easement to the Board of County Commissioners of Collier County, Florida, as Ex-Officio the Governing Board of the Collier County Water-Sewer District (hereinafter referred to as District) to reflect the as-built location of a raw water line constructed as part of the South County Regional Water Treatment Plant Reverse Osmosis Expansion project. CONSIDERATIONS: At the December 12, 2000 Board of County Commissioners' meeting, the Board approved the conveyance of a Utility Easement to the District for the installation of eight water wells, pipes, and electrical and fiber-optic cables within and across property being held for future solid waste use. At the May 28, 2002 Board of County Commissioners' meeting the Board approved the conveyance of an additional Utility Easement to the District to enlarge the existing well sites. Installation of the utility facilities has been completed, and as a result, the width of the existing pipeline easement needs to be increased by five feet to fully cover the pipeline as constructed. The attached Utility Easement is required for this purpose. The Utility Easement has been reviewed and approved by the County Attorney's Office and the Public Utilities Division. FISCAL IMPACT: The total cost of this transaction for recording costs will not exceed $10.50. Funds are available in the SCRWTP project, which is included in the FY 04 Water Capital Budget, Water Impact Fee Fund 411, approved by the Board on September 18, 2003, 2003. Source of funds is Water Impact Fees. GROWTH MANAGEMENT IMPACT: This project is part of the 2002 Water Master Plan Update adopted by the Board on February 25, 2003 as Agenda 10(A). RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Utility Easement; and 2. Authorize Chairman Fiala to execute the Utility Easement on behalf of the Board; and 3. Authorize staff to record the Utility Easement with the Clerk of Courts in the Public Records of Collier County, Florida. Agenda Item No. 16C3 April 27th, 2004 Page I of 4 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C3 Convey a Utility Easement from Collier County, a political subdivision of the State of Florida to the Board of County Commissioners of Collier County, FIodda, as Ex-Officio the Governing Board of the Collier County Water-Sewer District to reflect the as-built location of a raw water line at a cost not to exceed $10.50, PUED Project 70054. 4/27/2004 9:00:00 AM Prepared By Toni A. Mott Administrative Services Real Property Supervisor Facilities Management Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 4/13/2004 2:03 PM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 4/14/2004 5:53 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4/1612004 5:18 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4119/2004 12:02 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/'1912004 2:13 PM Approved By ChaHes E. Carrington, Jr., SR/ WA Administrative Services Real Estate Services Manager Facilities Management Date 4/7/2004 12:22 PM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 4/812004 4:10 PM Approved By Skip Camp, C.F.M. Administrative Services Facilities Management Director Facilities Management Date 4/912004 9:29 AM Agenda Item No. 16C3 April 27th, 2004 Page 2 of 4 PROJECT: South County Regional Water Treatment Plant/Wellfield Expansion E11e~q T. Off Scs of the Coeat.Y At, t~,ree~ (94i) COLLIER cOUNTY UTILITY EASEMENT THIS EASEMENT, made and entered into this __ day of 2004, by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whOse post office address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Grantor", to the BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND )tS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose post office address is 3301 East Tamiami Trail, Naples, Flodda 34112, its successors and assigns, hereinafter referred to as 'Granlee". WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by lhe Grantee, the receipt and sufficiency of which is hereby acknowledged, .hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege for utility purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A' which is incorporated herein by reference. Subject to easemenls, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right !o enter upon said land, excavate, and place or remove materials for the purpose of constructing, oherating, and maintaining utility facilities thereon. Grantor and Granlee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Granlor has caused these presents lo be executed the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK COLLIER COUNTY, FLORIDA ,Deputy Clerk BY: DONNA FIALA, Chairman Assistant Coun~ A~,ort~el E11efl T. CheChdell Agenda Item N0;'116C3 April 27th~' 2004 Page 3 of 4 Exhibit UA- Legal Description: 5'Utility Easement A strip of land 5.00 feet wide Lying In Section 25, Township 49 South, Range 26 East, Collier County, Florida. Being more Particulary described' as follows: Commence at the Southwest corner of said Section 25, thence S89'50'12E along the South line of Section 25 a ~istance of 20.00 feet; Thence N00'27'17"W and parallel with the west line of said Section 25 a distance of 1996.30 feet to the Point of' Beginning: COLUER COUN]7' FLORIOA Thence N89'48,27-E a distance of 6~1.20 feet; Thence N00'28,33#W a distance of 134~.95 feet; Thence N89'34'10-E a distance of 5.00 feet; Thence S00'28,33-E a distance of 1351.47 feet; Thence S89'48'27-W a distance of 665.70 feet; Thence N00'27'17-W a distance of 5.00 feet to.the Point of Beginning. Said lands lying and being in Collier County, Florida. EXECUTIVE SUMMARY Accept a Utility & Access Easement from the District School Board of Collier County, Florida, for two water wells, pipeline and access easements on school property, the cost not to exceed $37.50, Project Number 710061. OBJECTIVE: That the Board of County Commissioners, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (hereinafter referred to as "Board") accept a Utility & Access Easement document from the District School Board of Collier County, Florida (hereinafter referred to as "School") for two water wells, pipeline and access easements on School property located on the north side of the cxtension of Vanderbilt Beach Road. CONSIDERATIONS: To maintain the reliability of the existing North Hawthorn Wellfield, it is aecessary to obtain easements from the School for two water wells, one measuring 100 feet by 100 feet and the other 150 feet by 150 feet. In addition, a 40-foot wide pipeline and access easement, approximately 4,440 feet in length, is required to serve these two wells and an additional well to be located on Collier County-owned park property located east of the School property. The easements are shown cross hatched on the attached Key Map. Real Estate Services' staff Real Estate Appraiser valued the easements at $65,746. Through negotiations with staff, the School has agreed to donate the easements. FISCAL IMPACT: The cost to record the Utility & Access Easement will not exceed $37.50. Funds are available in the FY 04 budget in Project 710061, North Hawthorn Wellfield Reliability. Source of funds is User Fees (412). GROWTH MANAGEMENT IMPACT: This transaction meets with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: Approve and accept the Utility & Access Easement once it has been received and approved by the County Attorney's Office and the Public Utilities Engineering Department; and 2. Authorize Chairman Fiala to execute any and all documents related to this project; and Authorize staff to proceed with the related real estate closing transaction and to record with the Clerk of Courts the easement and any and all necessary documents (once approved by the County Attorney's Office) for clearing title in the Public Records of Collier County, Florida. Agenda Item No. 16C4 April 27th, 2004 Page 1 of 3 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C4 Accept a Utility & Access Easement from the Distdct School Board of Collier Counb7, Florida, for two water wells, pipeline and access easements on school property, the cost not to exceed $37.50, Project Number 710061. 4/27/2004 9:00:00 AM Prepared By Toni A. Mort Administrative Services Real Property Supervisor Facilities Management Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 4/1512004 2:00 PM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 4/14/2004 5:54 PM Approved By Susan Usher County Manager's Office Senior ManagementJBudget Analyst Office of Management & Budget Date 4/16/2004 5:21 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/1912004 11:52 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/1912004 2:26 PM Approved By Charles E. Carrington, Jr., SIR/ WA Administrative Services Real Estate Services Manager Facilities Management Date 4/7/2004 3:01 PM Approved By Skip Camp, C.F.M. Administrative Services Facilities Management Director Facilities Management Date 4/7/2004 2:16 PM Approved By Karl W. Boyer, P.E. Public Utilities Principal Project Manager Public Utilities Engineering Date 418/2004 9:06 AM Approved By Roy lB. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 4/8/2004 4:12 PM Agenda Item No. 16C4 April 27th, 2004 Page 2 of 3 / ~"* ~ ..... '2t" E 385129' ~. . /' / ,' .... - ~~/~ , I X :~ / .~': ,/~,~ ~,~~ -~-~, ~ ~ ~ / -.. / ~l ~ - ~ - ~ J ~l N~ ~ ~110 J ~ ~ ~ I U~.UU~I ~/~--~ J~*W I~Wl S:'; ....... I ~m KEY MAP tl~.,. L .... I~~* ~~.., ,~ ~-?' I April 27th, 2004 Page 3 of 3 EXECUTIVE SUMMARY Adopt a Resolution and approve a Declaration of Easement for a water well, pipeline and access within property acquired for a future park at an estimated cost not to exceed $19,723, Project Number 710061. OBJECTIVE: That the Board of County Commissioners of Collier County, Florida (Board), adopt, approve and authorize its Chairman to sign the attached Resolution and Declaration of Easement. CONSIDERATIONS: Collier County owns 128.9 acres of land located on the north side of the future extension of Vanderbilt Beach Road at the north terminus of 9th, 11th and 13th Streets N.W. This site was acquired in 2001 for a park and recreational facility (park property). To maintain the reliability of the existing North Hawthorn Wellfield, Public Utilities would like to secure a 100-foot by 100-foot water well site easement and 40 foot-wide pipeline and access easement along a portion of the northern boundary of the park property; and a 4(J-foot wide pipeline and access easement along the most western portion of the park property, as shown and described on Exhibit "A" of the attached Resolution and Declaration of Easement. Both pipeline and access easements combined measure approximately 1,014 feet in length. Real Estate Services' staff Real Estate Appraiser valued the easements at $19,699. The Parks & Recreation Department purchased the park property with Impact Fee monies and will be reimbursed this amount for the easements. The Resolution and Declaration of Easement have been reviewed and approved by the Public Utilities Department, Parks & Recreation Department, and the County Attorney's Office. FISCAL IMPACT: The total cost not to exceed $19,723 ($24.00 to record the Declaration of Easement and $19,699 to be reimbursed to Parks & Recreation). Funding is available in project 71006, NCRWTP RO Wellfield Reliability as approved by the Board on September 18, 2003. Source of funds is User Fees (Fund 412). Funds shall be deposited into the Regional & Community Parks Impact Fee Fund (346). GROWTH MANAGEMENT IMPACT: This project is needed to meet future potable water demands. The project is part of the 2002 Water Master Plan Update adopted by the Board on February 25, 2003 as Agenda 10(A). RECOMMENDATION: That the Board of County Commissioners: Adopt the attached Resolution, approve the attached Declaration of Easement and authorize Chairman Fiala to execute both on behaff of the Board; and Authorize staff to record the Declaration of Easement in the Public Records of Collier County, Florida; and Agenda Item No. 16C5 April 27th, 2004 Page 1 of 13 Authorize the reimbursement and necessary budget amendments from the Public Utilities Department to the Parks & Recreation Department in the amount of $19,699. Agenda Item No. 16C5 April 27th, 2004 Page 2 of 13 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C5 Adopt a Resolution and approve a Declaration of Easement for a water well, pipeline and access within property acquired for a future park at an estimated cost not to exceed $19,723, Project Number 710061. 4t27/2004 9:00:00 AM Prepared By Toni A. Mott Administrative Services Real Property Supervisor Facilities Management Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 4/13/2604 1:58 PM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 4/14/2004 5:55 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4/2112004 7:31 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/21/2004 11:27 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/2112004 12:39 PM Approved By Charles E. Carrington, Jr., SR/ WA Administrative Services Real Estate Services Manager Facilities Management D ate 4/8/2004 2:10 PM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 4/8/2004 4:13 PM Approved By Skip Camp, C.F.M. Administrative Services Facilities Management Director Facilities Management Date 4/912004 9:30 AM Approved By Karl W. Boyer, P.E. Public Utilities Principal Project Manager Public Utilities Engineering Date 4/912004 3:59 PM Approved By Maria Ramsey Public Services Parks & Recreation Director Parks and Recreation Date 4/912004 8:48 AM Agenda Item No. 16C5 April 27th, 20O4 Page 3 of 13 RESOLUTION NO. 2004- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE DECLARATION OF A UTILITY EASEMENT. ADOPTED this day of majori{y vote favoring adoption.' , WHEREAS, Collier County is desirous of encumbering property currently owned by th~ County with a utility easement described in Exhibit "A", attached hereto and made a part hereof; and WHEREAS, ,the described easement is a necessary element required for installation and maintenanc~ of utility infrastructure for well-site and pipelines leading to and serviced by the North County Regional Water Treatment Plant; and WHEREAS, the easement will allow Collier County to proceed with expansion of the necessary well-site in a timely fashion; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners of Collier County, Florida, hereby approves the Declaration of Easement described in Exhibit "A" and authorizes its execution and recording in the Public Records of Collier County, Florida. This Resolution shall take effect immediately upon adoption. , 2004 after motion, second and ATTEST: DWIGHT E. BROCK BO,4RD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By:. DONNA FIALA, CHA/RMAN Approved as to form and Ellen T. Chadwell Assistant County Attorney Agenda'ltem No: '.1.6C5 April 27th~.2004 Page 4::of 13 N GRAPHIC SCALE LEGEND pOC POINT 0~' COMM£NCli'~[NT A 40 FOOT ~ S'IPJP O~ I.~ND, LOCATE) IN A POR1iON O~- S~:CllON ,.~ ~ 48 SOJ'IH, RAN(~ 27 EAST. FOLLOI~NG ~ C~M~E~C~ AT ~ SOUTI~-AS'T ~ OF ~ SOUTH~T Paget OF ~F~HH~,K~ OF ~ ~ ~ ~ ~pfi127th,s Or20 S[[TCH AND ~GAL DESCRIP~e EXHIBIT Page_2,~_ of GRAPHIC SCALE /POB 1 / POT POC SDUI%-I~ST 32--48--27 S 137'5~'~' W SOUTH Dh'E: OF 1HE SOUll~ QUAR'IE~ OF SEC3tON ,32 a~s ~ BE..~R~ ~EGKt. DESC~P~I: A 100 FOOT WIDE ;IP OF LAND, LOCA'fED IN A FOR]ION OF FOLLO~NG DE"~C~BETD ~ ~D ~ 3~ ~ A ~ ~ ~6~65 ~ ~ ~ ~S ~ IS ~CT TO ~ ~VA~ ~ ~/~C~ ~ ~. ~R~ ~E P~ ~ BE~N~G ~D ~ ~ P~T ~ ~ ~ ~ZA~ N~ ~ ~2 SK~CH AHD L[~AL DCSCRIPTI~ge 6 o[~ Iq G RA]:'H]C SCALE ( ]~ ~a~ ) j u, J .s~2'2,'~ I m.s,q' | I L4 ] S r~12'2~r' W J m3.g~ J · L1 L2 Al 5~12'24' t ~829.22 / PO8 il' z POC S, OU3HE AST CO~NER SOUTH~-T QUARTER / SEC~C)N 52--48-27 1223.30' - EXHIBIT_¢._ Page y of ~'3I' GRAPP[IC SCALE POB DETAIL NOT TO SCALE L3 POC sOUTHEAST CORNER LEGAL D~PTiON: A pARCEL OF LAND LOCA'~ IN A pORTION OF SEC1~0N 52. TOV~4SHIP 4~i SOl..r'~, R-N'¢c~ 27 EAS~. C0<.LIE:~ C~¢TY, BIDNG MORE pAR"~CUL.d~LY ~KD AS FOLLOWS; CCXMIdID4C[ AT 'F~4E SOUI~4E.KST CORNI[R OF TH[ SA~D ~'c'nO~l 32., FOR A D~STANCE Or 1,2.23.30 ~ 70 314[; THE:NCE C43t¢l~NUE S.$?"55'~'w.. ALORG 'D4[ DOU'I14 UN[ OF SOU'I}fWE. ST ONE--OUARI~R OF SA~0 S/¢~ION 3'.' FOR A DtS'TAN~Z OF' 40.00 Ir~E:ET TO A pOINT LYING 20.00 FEET EA.S'T'E]~LY OF, AS MF_A.SURED AT R1GHT ANGLES TO ~H£ W~:DT LIN[ OF' THE £AST ONE--HAL~c' C~c THE E43LJ'~4W[:S'T 01~[-~ART~D~ ~ SAID 32; 'THENCE RUN N,O2'lS'3~'W., PARALLEL TO "n-lE Wr. ST UN£ OF THE: ~T ON£-HALF OF THE S~j'T1,4V~:ST ON£-Q~JARTE~ OF SEC~ON 32. FOR A D~S?ANC[: OF 160.00 FEE~: 'I~4ENCE N.ST~"E.. FOR A D~DTANCE OF 44;).00 ~ TO A POINT LYING B0.00 ~ EAS~'LY OF. AS MF. ASURE~) AT ~GHT ANG~E$ TO THE ~¢~DT UNE OF' ~4[ EADT ONE-HALF OF THE SOUTHWEST ON[-~AR~R OF SAID ~r'C~ION 32; 1~1~C[ EUfl pARALLEL TO THE WIST LIN[ OF THE rr. AST 0~[-HALF OF TH[ SOUTH~r..ST ONE-QUAE~:~ OF SND SE:C~ON 52 FOR A DISTANt[ OF 160.00 F"E~T TO THE p~NT OF ~FGINNtNG: CONTAINING 0.147 ACR~ IdOl. E: OR LKS~ 3~S pROPKRTY I$ SUBJECT TO EAS~.MENT~. RES:ERYAT~ON$ OR r POB , S£CTION 3;2- 48-27 SEE D_ T AI~..~; e7-33~' w '2233°"-----~/-' LEGEND =~O~N'~ OF COMMEN~[MENT .o,.~ or e~,N.,N= NOT ,4 SURF~ ' BEARINGS ~3.4Ot~dq H[:~EON ~ TO TH[: ~OUTH LINK OF TH[: SOUTHWEST O¢-4[:-OUAR'f[]:I ~ ~C~ 3~ ~IP ~ ~ R~ 27 E~T, C~ C~N~, ~DA ~ ~NG H~ M~S. IN~ ~RCA~ ~ AU~A~ NUMB~ ~ PROJECT: NCRWTP PARCEL: 18N FOliO: 00219440008 & 00222280909 DECLARATION OF EASEMENT THIS DECLARATION is made this __ day of 2004, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred 1o as "Declarant." Declarant is the owner of certain real property situated in Collier County, Florida, more fully described below, hereinafter referred to as the 'Property." See attached Exhibit "A' which is incorporated herein by reference. Declarant hereby declares that the Property is and shall be held, transferred, sold, conveyed, used and occupied in accordance with and subject to a non-exclusive easement and privilege to enter upon, construct and maintain utility facilities on the Property as contained in this Declaration, hereinafter referred to as the 'Easement.' The Easement, as set forth in this Declaration, shall bind, and the benefits thereof shall inure to Declarant and its representatives, agents, successors and assigns. IN WITNESS WHEREOF, Declarant has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK , Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: DONNA FIALA, Chairman Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney Agenda Item April 27th, Page 9 16C5 2004 of 13 X& w~. GRAPHIC SCALE A 40 FOOT ~D[ STRIP OF LAND, LOCATED IN A PC~T~0N /~ N 8T~2'24" [ 2~72-gg' SECT1ON 32. TO'~ISHIP 4.B SCUllS, RANO~: 27 EAST, COLLJ~R COUNTY, FLORIDA, LY1NG 20.00 F'E:ET (~ EAC~ S~D~: 0~ I I ' ~ou~ = h// COidM~4C~ AT I~E SOUTHEAST COib,~ OF TH£ SOUTHWE<:T ~ C~I£-OUARTE~ 0~' ~'CTION '<2. TO~qSHIP /~ SOUT~. RANGE 27 I <,O,~.__ -- EAST, COLUER COUNTY, FL0~DA~ ~ RUN S. RT'33'3~°W. ALONG L S~CTION 32. FOR A D~STANC~ OF' 1,2~.~.30 ~ TO THE '~,ST h SAiD SI~:C11C~I 3~' T~IC[ RUN N.O2qS'~"W.. ALONG Th~ LINE OF' THE EAST ONE-HALF O? 'll-lE SOUTHI~ST ONE--(:~UARTE~ · SAJO SIE:¢TIC~I 32, FOR A O~STANC~ OF 2.~0.$5 ~ TO THE ~c.; NORTH LJNE OF' ~ SOUTH ONE--HAJ~ OF' SA~D qrCllOe4 THENC~ CON'IINU[ S.02~5'3~'E.. FC3~ A ~STANC~ OF 40.00 ~ TO ~ '.~ ~s PROPERTY ,S SUSXOT TO r.A~O~, eE...<~V^~ONS ~ o POT POC - ~?.STR~C~0. S OF SOUTHEAST CORNER ~ z SOUTHWEST QUARTER BFARINOS SHO~qq HE~£ON ~ TO THE SOUTH UNE: OF' :5[C~ON D2-48-27 SOU'~.~V~:ST 0NE--~LIAR'i~R OF SEC~ION 32, TOI~I~FIIP 4,B "~ RANG~ 27 EAST, COLUER COUNTY. FLORIDA AS BEING S 8T:~'~° W 12B3.30' ~ U.-~-_ 0¢. OF ~C910N 3 THE SIDELINES OF ~ HERDN ~X~SCRIB~ C~qT~NE AR~ TO BE LENGTHENED OR 94ORTENED TO A UN5_ ttHIC~ RUNS $.B792'24"W. BASIS OF BEA~NG THROUGH THE POINT OF' BF.'~INNING AND THROUGH Ti-E: pC~NT OF T[RMINA~ON. HOL~ MONT~$. INC~ LEGEND c~nnncA~ OF AUTHm!ZA'DOI~I NUM"[*R L~ 177~' ,~, ...)' /~./ POC POINT O~' COUM£NCEMENT By ~.,~.4..~? __.. ~,.~.,~/~-~ p,T~.~,4~61,30 Poe Po,N'r OF BEc,.NmNc /'//~:~ L ~'~ Item NOs POT POINT OF '~RMINA~ION ~ NOT 4 SU/?I/D' ~ Anril ?7th ?( ..... g; ~l ,~o [.~,.. w,. ,=,.~ w Page 10 ot - ,~ - z:' Naples. PL. ~t$10 11~ ~IA'II~ aI, 4.004 ~;~,m.~. Io^'~ 3/o~~ Phone: (e41) z~-zooo ~ ~ aaa SKETCH AND LEGAL DESCRIPTION GRAPHIC SCALE lo0.o0' LEGEND P0C POINT OF C0MI~rNC£M[NT POrNT OF B[(~iNhltNC POINT OF '~EMINA'I~ON POT POC SOUTHEAST CORNER $OdTHV4[ST OuART~.R SECT)ON 32-48-27 $ $7'35"36' W 1285.__._~' -- -- · BASIS OF BEARING ' NOT A SU£YD' ' #o~. fi- 5,4.110 Phone: (g41) 254-2000 A 100 FOOT ~ STEIP OF L..,M~O, LOCA"~ IN ~, ~D~ L~NG ~.~ ~ ~ EA~ F~0~NG D~ ~ ~ ~C~ 3~ ~ ~ N.O~5"~'W., ~-H~ ~ ~ ~C~ 3~ F~ A ~N~ ~T~NING ~ A~ M~ ~ ~E ~D~NES ~ ~E H~N DE~ ~UNE ~/~a~ ~~.ltem SKETCH AND LEGAL DESCRIPTION GRAPHIC SCALE (~) LEGEND POINT 0~ C0~M£NC[blENT 60* S B7'"J3'~' W POC sOUTH[&ST CORNER sOUTHW~ST fPOB POINT OF BEGINNING gso Encore R~do ~fle~l Au~zaflon No.1772 A pARCEL O~ LAND LOCATED IN A POR110~ O~' SECTION 32, TOW 4~ SOUll~, R~ 27 ~. C~ C~N~. ~ BBNG r~ A ~ ~ 1.~.~ ~ ~ A ~ L~G 80.~ ~ ~TN~NG 0.747 A~ M~E ~ ~ R~C~S ~ REC~- H~ ~S, ~C. SKETCH AND LEGAL DESCRIP~IOR X~ u~ GRAPHIC SCALE DI~TAfL NOT TO SCALE L3 /Poe I L1 POC sou ~',IE AST COR NTR SEE DETAIL ~/POB I_._..~,~__s s7'33'___~' w 1.~_~3.3o.~..~.£c'noN 3:,-~-27 LEGEND POINT OF CO~MM£NC[M£NT A pARCEl. OF LAND LOCATE~ IN A PO~31ON OF ~ M~ P~Y ~ ~ F~O~ ~D ~C~ 3Z F~ A ~T ~ ~G ~ ~T ~E-~ ~ ~O ~ ~ F~ k D~ST~ ~C~ 3~ F~ A ~ST~ P~ ~ ~ ~T ~ ~E-~ ~ S~D ~C~ ~ F~ A ~ST~ ~ 1~.~ ~ TO ~ ~NT ~ ~ ~T~N~NG 0.1~7 ~s ~R IS ~CT ~C~S ~ ~. ~IN~ ~ H~E~ Apr~: 27th 2 Pa~e 13 SKETCH AND LEGAL DESCRIPTIOR EXECUTIVE SUMMARY Authorize conveyance of an easement to Florida Power & Light Company for electric utility facilities to service a proposed potable water well at a cost not to exceed $33.00, Project Number 710061. OBJECTIVE: To secure Board of County Commissioners' (Board) approval and execution of the attached Florida Power & Light Company (FPL) Easement required by FPL to provide electric service to a proposed potable water well located on a 128.9 acre park site (park property) on the north side of the future extension of Vanderbilt Beach Road at the north terminus of 9th, 1 1th and 13 Streets N.W. CONSIDERATION: In order to help meet the demand for potable water, the Public Utilities Department will be drilling one new water well on the park property and two new water wells on School Board property located west of and adjacent to the park property. These well sites are shown on the attached location map. Conveyance of the attached Easement document to FPL is now required in order for FPL to provide electric service to these new wells. Ten foot-wide easements are required along a portion of the northern boundary, the most western boundary, and a portion of the southern boundary of the park property. A 15 foot-wide by 15 foot-wide easement is also required on the south boundary for an electrical switch box. These easements are shown and described on Exhibit "A" to the attached Easement document. Real Estate Services' staff Real Estate Appraiser valued the easements at $6,436. The County will not be paid for conveyance of the easements however, as they are required by FPL as a condition of providing service. A Declaration of Easement for the installation of the well and associated pipeline and access easements on the park property is being presented for Board approval in a companion Execution Summary. This request and Easement document has been reviewed and approved by the Public Utilities Department, Parks & Recreation Department, and the County Attorney's office. FISCAL IMPACT: The total cost to record the Easement will be $33.00. Funding is available in project 71006, NCRWTP RO Wellfield Reliability as approved by the Board on September 18, 2003. Source of funds is User Fees (Fund412). GROWTH MANAGEMENT IMPACT: This project is needed to meet future poiable water demands. The project is part of the 2002 Water Master Plan Update adopted by the Board on February 25, 2003 as Agenda 10(A). RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached FPL Easement; and Agenda Item No. 16C6 April 27th, 2004 Page I of 10 2. Authorize Chairman Fiala to execute the Easement on behalf of the Board; and 3. Authorize staff to record the Easement with the Clerk of Courts in the Public Records of Collier County, Florida. Agenda Item No. 16C6 April 27th, 2004 Page 2 of 10 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C6 Authorize conveyance of an easement to Florida Power & Ligh! Company for electric utility facilities to service a proposed potable water well at a cost not to exceed $33.00, Project Number 710061. 4/27;2004 9:00:00 AM Prepared By Toni A. Mott Administrative Services Real Property Super'visor Facilities Management Approved By Karl W. Boyer, P.E. Public Utilities Principal Project Manager Public Utilities Engineering Date 411212004 9:39 AM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 4113!2004 1:51 PM Approved By James W. OeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 411412004 5:56 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4!1612004 5:46 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4119!2004 2:01 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/19/2004 2:45 PM Approved By Charles E. Carrington, Jr., SPJ WA Administrative Services Real Estate Services Manager Facilities Management Date 4/8i2004 2:06 PM Approved By Roy B, Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 4/812004 4:14 PM * Approved By Skip Camp, C.F.M. Administrative Services Facilities Management Director Facilities Management Date 4!912004 9:31 AM Approved By Maria Ramsey Public Services Parks & Recreation Director Parks and Recreation Date 41912004 8:45 AM Agenda Item No. 16C6 Apdl 27th, 2004 Page 3 of 10 Work Order No. Sec. 32, Twp. 48, Rge. 27. EASEMENT Form 3722-A (Stocked) Rev.7/94 Parcel I.D. 00219440008 & 00222280909 (Maintained by Property Appraiser) Prepared By: Name: Co. Name: FP&L Co. Address: 4105 S.W. 15~ Ave. Naples, FI. 34116 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents. successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as wolf as, the size of and remove such facilities or any of them within an easement described aS follows: Exhibit "A" attached hereto and made a part hereof Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead. weak. leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all. the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on this ~ day of 2004. Board of County Commissioners Collier County, Florida By: Donna Fiala, Chairman 3301 Tamiami Trail East Naples, Florida 34112 Attest: Dwight E. Brock, Clerk 3301 Tamiami Trial East Naples. Florida 34112 Agenda Item No. 16C6 April 27th, 2004 Page 4 of 10 GRAPHIC SCALE K DETAIL NOT TO SCALE L3 L1 ~, p OB POC SOUTH~.AST CORNER SC~T~W~ST Ou AR ~'ER SEE DETAI.~POBs /5Ec'no~ 32-,8-27 }1 LEGEND ~1 Poc POINT O~ COMMENC£MFNT BE.a,R~GS SHOVe~ HER[O~ REFER TO ~ SOU3~ UNE OF S~U'?HWES*T ON£-OUA~TER OF S~.C'nC~ 32. TOW~SH~ 4.8 RANGE 27 EAST, ~ COUNTY. FLORIDA AS B~NG /'/.~,~ -~ge~l~ Item No. 16¢~' Apr, 2lin. 2Q(~ SKETCH AND LEGAL DESCRIPTION~ge 5 of~ L1 I 14 57't2'24° £ 1869.2.2' POB/ 20' GRAPHIC SCALE $ 87"35'36' W 126330'..__.__-.~~ LEGEND POc' POINT O~ CO4dM-.NC£taENT 9.50 £nGor~ Woy Nopi#, FL. ~4110 P'he~e: (94t) 25.4-2000 ! POC SOUTHEAST CO~NER S£CT~CN 32-4'8-27 NOT A SU£YL'}' ' L2 L3 A pARC:~L O~ LAND LOCAteD IN A POR~ION C~ S~CTION 32. TOWNShiP ,~B ~OU'{)4. RANGE 27 EA~. C~ ~N~, ~D~ ~NG M~ F~ A ~ST~ ~ 1,263.~ ~ ~ A P~T L~ 20,~ ~3.g2 ~ TO ~ P~NT ~ BE~N~ ~TN~NG 0.187 A~ SKETCH AND ~GAL DESCRIPTION GRAPHIC SCALE ~ m~,, - ~oo ~ POC SO~JTHEAST SOU~ST 1/4 L~ SECTI~ ~2-48-27 87'33'36' 852.14' N E ~ POB S 87'53'36' W 862.17' LEGEND N.~., ~ "110 ~m Page 7 o, 1~4.004 J*"~,~~ ~,~ SKETCH AND ~GAL DESCRIPTION ~: (941) 2~-2~ . GRAPHIC SCALE POT / 5', .5'. LEGEND PfC POINT OF COMM£NC£MEN? POT POINT OF ~RW~NATIO~I POC SOUTY,4WEST ?/4 · NOT A SURFEY ' A 10.O0 FOOT WD~ STR1P O~ LAND, LOCA3~D IN A PORTION OF 32, TO~I~,.IIP ,1~ ,~OI.Y'I~, RANG[ 27 EAST. COLU~R C~NI'Y, FLC~IOA~ LYING 5.00 ~ ON EACH ~ 0F THE FOLLOV4NG D~.SC~BED GENTEm. JN~ COIdUENC~: AT ~IE .e~3UTHE. kET CO~NER OF THE SOUTH,S. ST ONE--Q{JARTER ~ c:~'CT~ON ~ TOWN~.~P 4~ SOUTH. RAN(~: 27 EAST, LINE OF THE SOUTHVrcST ONE-QUAR'I~R OF SA~O SE:¢'noN 32. FOR O~5'TANGE OF 321.13 F'~ 30 '1~ POINT ~ I~:ZCaNN~N(~ OF THIF H~RE3N DE. SCRiBED C~:NTE:RUN[; THENCE RUN N.O2'"25'24*W~ F~R A DISTANCE OF 30.00 ~ TO 3HE POINT OF T'"~lNA13ON OF' THE I-~3~E]N DE,~ED C~,~TERLINE. CONTNMNG 300.6 SQU~ I~:~"T, MOR~ OR LESS. THIS PROPERTY IS SU~CT TO E.~ENTS. RF.~VA330~$ 0a RES31~JC31ON$ CF RECORD. BEAR1N~ SHOVel HEREON ~ TO THE SOUTH UNE OF' THE SO~n-lW~ST ONE--QUARTER OF' SEClloN 32, TOt~SHIP 48 SOUTH, RANGE 27 EAST. COLLIER COUN3'f. FlORiDA AB BE, lNG S. aT*33'3~'W. ~ SID{!]JNE$ 0~ ~ HERDN DET3C~IBEI) CEN'ilD~JNE ~ TO BE LENGTHENE~ OR SHORTENED TO A UNE v~ll~.{ RUNS .S. 07'35'36'W. 11-~ROUGH ~.~ POINT OF BEGINNING A.NO THRQUGH 'l~E POINT GF HOLE MON'II!:S. INC. CERTIFICAIE OF AU'~'~ORIZATiON NUMBER LE 1772 SKETCH AND LEGAL DESCRIPTION X~ LU~. 1/POT Z LEGAL Df. SCRIP'noN: h) A 10.00 FOOT MD{[ $'rR1P ~ [.AND. LOCATI~) I~ A PORTION OF S~:CTION t4 32. TO~ISHIP 4~ SOUTH, RANGE 27 EAST, CGLLIER COUNTY, F~.ORIDA~ LYING 5.00 FEET ON ~ACH SIDE O~' THE FOLLOVaNG DESCRIBED I : C(~MI~GE AT THE SOU3~IEAST CORNER OF 3~IE: SQU31-!VrcST ~ 0~E-~JART~ OF SECTION 32, TOV~S~P 4~ SOUTH, RANGE 27 FAST, COUJE:R C~XJNTY, FLORID~ 3HENCE RUN S.8733'36'W., ALONG ~ SOUTH *~ UNE OF 11.rE SOUTHWesT ONE-OUA,RI~I OF SAID SECTioN 32. FOR OF 40.~0 ~ TO ~ P(~h~T OF' BF~NF~ OF ~ HE~N C~';I~JNE; THENCE CON~INUE N.O2'26'24'lif.. FOR A DISTANCE OF ~~o~ ~ ~ TO THE pOINT OF T~RMINA~ION OF IHE HER~]N DF. SC..RIBE~ 5' I 5' C~ITE~R1JNE, CONTNNING ~00.0 SQUA~[ F'E~'T, MORE OR LESS. ( ~]N ~ ) ~-f[$ PROPERTY IS SUBJ[r*T TO F.~IE~IT~. RE.S~'RVATIONS OR t u',ct*, . ~0 fL ;C ~, RE~TR~C~ONS OF RECTO. BEARING~ *SHO~ HE~'EON P,~r'ER TO ~ SOU~H UN~ OF 11'1E ONE-0~JN~T~ OF S[CllON 32, TOV~a*~P ~,~ SOUTH, RANGE 27 E. XST. POB ~ COI_LJ[~ COUNTY. F~OR~DA AS B~NG · / POC THE S~:~..JhlE$ OF THE HEREIN DESC~IBr''n C~II~RUNE ARC TO BE $OUTIHEAST CORNER LENGTHENED OR SHONTENE~D TO A UNE RHION RUNS THROUGH ~ POINT OF BE(~NNING A.ND THROUG~ THE POINT OF SOUTHWEST ~/4 ~ECT~ON ~c-tm,-,~.~ ~[ ~. ~ g54) £neom Way am' v~ ~,,,,.,~ 1~*~3/o,~ ~mm~,~ SKETCH AND LEGAL DESCRIPTION ~ Phone; (g41) 254-2~ ~ ~ ~ ~ ~K~h~ PO[ GRAPHIC SCALE /,POT ~7,5'----- -- · --{ NpoB ! -~ LEGEND ~ ;oc PONT OF CO--.E:NCEUENT ~1 PO~J POINT 0r ~IE~NN~NG ~[ POT POINT O¢ '~RMINAIlON POC SOUTH~:AST C~NER sou THrU:S? 1/4 'IHROUGH ~ POINT OF ~EGINN~NG AND 11~I~3UGH 11-i£ ~T ~ H~ M~. INC. ~ ~ ~ZA~ NUMB~ ~ I~ BY /~-"~' - ~- --~ ~ ~-~, x' ~.. ,. , , P~130 . ' ~ L ~A~genaa ~[em i~u..t~ __,_. ~ " ~ril 27th_~ ..... I 'Page 10 od~~- "~' I SKETCH AND ~GAL DESCRIPTION 'J 04'0041 Executive Summarv Approve Work Order # SC-02-74 with Surety Construction Company in the amount of $125,840.00 to perform selective demolition for the Public Utilities Operations Center, Project Numbers 70059 and 73072. OBJECTIVE: To obtain approval of a work order under the Agreement for General Contracting Services (Contract # 02-3349) authorizing performance of selective demolition necessary in conjunction with proposed renovations for the Public Utilities Operations Center. CONSIDERATION: On June 24, 2003, the Board of County Commissioners approved an agreement for purchase of property for a Public Utilities Operations Center (Agenda Item 10 E). The property is improved with two industrial/office buildings. Substantial renovations are necessary to accommodate the proposed uses. Subsequently, on September 23, 2003, the Board of County Commissioners approved a work order with Victor Latavish, Architect to provide professional services necessary for the proposed renovations (Agenda Item 16 (C)(8). During the design process, it has been determined that removal of a considerable amount of the interior partitions and appurtenances is necessary in conjunction with the proposed renovations. Therefore, the attached work order has been prepared to obtain contractual services to perform the required selective demolition. This work order is being performed under the Agreement for General Contracting Services (Contract # 02-3349) approved by the Board of County Commissioners on June 11,2002, Agenda Item 16(E)(11). Competitive proposals were solicited from the five (5) contractors in accordance with provisions in the above referenced contract. A mandatory pre-proposal conference was conducted on March 10, 2004. A tabulation of the eligible proposals received by 4:00 P.M. on March 24, 2004 is as follows CONTRACTOR AMOUNT Surety Construction Company · The Chris-Tel Company · Professional Building Systems · Wm. J. Varian Construction Co. $125,840.00 160,767.00 163,667.00 165,954.00 Upon review of the proposals by staff and the design professional, it is recommended that a work order with Surety Construction Company in the amount of $125,840.00 be approved, being the lowest responsive proposal and being fair and reasonable for the scope of work to be performed under this authorization. Such is consistent with the attached recommendation and opinion of probable construction cost from the project architect. Agenda Item No. 16C7 April 27th, 2004 Page 1 of 8 FISCAL IMPACT: The total cost associated with this work order is $125,840.00. Funding for this obligation is available in and is consistent with the FY04 Capital Budget approved by the Board of County Commissioners on September 18, 2003. Current appropriations are identified in the County Water Capital Projects Fund (412), Public Utilities Operations Center-Water Distribution Project (70059) and the County Sewer Capital Projects Fund (414), Public Utilities Operations Center-Wastewater Collections Project (73072). The source of funds is Water and Wastewater User Fees. GROW'rH MANAGEMENT IMPACT: This project is included in and is consistent with the 2002 Water and Wastewater Master Plan Updates approved by the Board of County Commissioners on February 25, 2003, Agenda Items 10 A and 10 B respectively. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District: l. Approve Work Order # SC-02-74 with Surety Construction Company in the amount of $125,840.00 to perform selective demolition for the Public Utilities Operations Center. :2. Authorize the Public Utilities Administrator to execute the Work Order. Agenda Item No. 16C7 April 27th, 2004 Page 2 of 8 Item Number Item Summary Meeting Date Approved By Thomas Wides Public Utilities COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C7 Approve Work Order # SC-02-74 with Surety Construction Compar~y in the amount of $125,840.00 to perform selective demolition for the Public Utilities Operations Center, Project Numbers 70059 and 73072. 4/27/2004 9:00:00 AM Operations Director Public Utilities Operations Date 4/12/2004 12:48 PM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 4113;2004 2:10 PM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 4f13t2004 9:20 AM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 4;1412004 5:57 PM Approved By Susan Usher County Manager's Office Senior Managemenb'Budget Analyst Office of Management & Budget Date 4/1612004 5:53 PM Approved By Michael Smykowski County Manager's Ol~fice Mat~agement & Budget Director Oifice of Management & Budget Date 4/19;2004 2:05 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4;19/2004 2:33 PM Approved By William D. Mullin, PE Public Utilities Principal Project Manager Public Utilities Engineering Date 4/912004 2:21 PM Agenda Item No. 16C7 April 27th, 2004 Page 3 of 8 WORK ORDER # SC-02-74 Agreement for General Contracting Services Dated June 11, 2002(Contract #02-3349) This Work Order is for general contracting services for work known as Public Utilities Operations Center - Selective Demolition for interior demolition to existing buildings @ 4375/4425 Progress Ave. and 4370/4420 Mercantile Ave. The work is specified in the proposal dated March 23, 2004 which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order -# SC-02-74-'is assigned to Surety Construction Company. Scope of Work: Task 1: Perform selective interior demolition to existing buildings at 4375/4425 Progress Avenue and 4370/4420 Mercantile Avenue in accordance with plans and specifications prepared by Victor J. Latavish, AIA Architect dated February 19, 2004 and March 10, 2004 together with the request for proposals dated February 27, 2004 and Addendums No. i & 2 thereto. Schedule of Work: Complete work within 6.~.0 calendar days from receipt of the Notice to Proceed authorizing start of work. Compensation' In accordance with Article Thirteen of the Agreement, the County will compensate the Firm in accordance with the lump sum amount indicated in .J.l~.sc hedule below. Task 1 $ 125,840.00 (lump sum) Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and will be subject to issuance of a change order in the form attached as Exhibit D to the Agreement referenced above. Agenda Item No. 16C7 April 27th, 2004 Page 4 of 8 Work Order # SC-02-74 Page 2 PREPARED Harry Huber, Senior Project Manager Public Utilities Engineering Department REVIEWED BY Steiden y: carn~il, Purchasing Department Date f)ate AUTHORIZED BY Roy B. Anderson, P. E., Director Public Utilities Engineering Department Date APPROVED BY James W. DeLony, P. E., Administrator Public Utilities Division Date Witnesses (2) Signature Print Name Signature Print Name ACCEPTED BY: Tygte Name a~hd Title Date: 4/~'~- Approved as to Form and Legal Sufficiency: - Assistant Oounty Attorney Agenda Item No. 16C7 April 27th, 2004 Page 5 of 8 SURET CONSTRUCTION COMPANY March 23, 2004 Harry Huber, Senior Project manager Public Utilities Engineering Department Building "H", 3'~ Floor 3301 Tamiami Trail East Naples, Florida 341112 Atto: Harry Huber Reft Public Utilities Operation Center The following scope of work described below will serve as our proposal to complete the work at the above referenced job. We will provide full time supervision, labor, and material to demo two building inter/ors per plans prepared by Victor J. Latavish, AIA Architect. Sheets SD-1 and SD-2. I have visited the site with my subcontractors and understand that there will be power and water that will have to remain in service during construction to some existing tenants. We do acknowledge addendum (1) dated March 15, 2004 and addendum (2) dated March 18, 2004. All hazardous and non-hazardous materials will be disposed of properly including fluorescent lights, ballast, thermostats, and freon. An asbestos survey will be done prior to commencement and a report will be provided to the owner. The abatement of asbestos, if found, is not included in our price. The above scope of work will comply with the Collier County Vertical Standards For Construction. Price: $125,840.00 ( One hundred twenty-five thousand eight hundred forty dollars and Sincerely SURETY CONSTRUCTION COMPANY Estimator CGC · 028670 CGC ~ 03l';78 CGC ~ 03163~ Agenda Item No. 16C7 April 27th, 2004 Page 6 of 8 Victor ]. Latavish, AIA Architect MEMORANDUM Date: To: Attn: From: Project: Re: 02- 20- 04 Collier County Public Utilities. Hah3' Huber, PE Vi'ctor J. Latavish, AdA ~]/' Public Utilities Operations Center- Selective Demolition Opinion of Probable Construction Cost The anticipated cost of the selective demolition work is well under the $200,000.00 limit of the annual contract for the 5 general contractors under contract to the County for small projects. As .it is very difficult to prepare a precise estimate for this typeof work, the probable cost of demolition Work could easily range from $100,000.00 to $130,000.00. Please feel free to call if you have any questions. cc: Robert Fuentes Facilities Management Agenda Item No. 16C7 April 27th, 2004 Pa ge 7 of 8 1 Victor J. Latavish, AIA Architect MEMORANDUM Date: To: Attn: From: Project: Re: 03- 30~ 04 Collier County Public Utilities Harry Huber, PE Victor Ji Latavish, AIA ~ Public Utilities Operations Center Selective Demolition Bid Recommendation Confirming our telephone conference, it is our recommendation to award a contract for selective demolition in the amount of $125,840.00 to the low bidder, Surety Construction. Feel free to call if you have any questions. cc: Robert Fuentes, Facilities Management Agenda Item No. ! 6C7 April 27th, 2004 Page 8 of 8 Executive Summary Approve necessary budget amendments to record revenues and related expenditures for payment received from property owners of the Price Street - Barefoot Williams Road Water Municipal Services Benefit Unit (MSBU) Project No. 70077 and payments to various vendors. OBJECTIVE: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District approve the necessary budget amendments to record revenues and expenditures for payment received from property owners of the Price Street-Barefoot Williams Road MSBU. CONSIDERATIONS: On March 12, 2002, the Board of County Commissioners approved Resolution No. 2002-141 (Agenda Item 17B) to create the Price Street-Barefoot Williams Road Water MSBU. Resolution No. 2002-141 is related to construction of the waterline and related water facilities to provide water service to thirty-three lots along Price Street and Barefoot Williams Road. On July 30, 2002, the Board also approved transfer of funds from the Water-Sewer Operating Fund to the Price Street MSBU Special Assessment Fund to fund the construction work. (Agenda Item 16 C) After completion of construction, the Board adopted Resolution No. 2003-240, September 9, 2003 (Agenda item 17 J), confirming the preliminary assessment roll and method of payment for the Price Street-Barefoot Williams Road Special Assessment. We have now received the payment in full from two property owners and the first year of installment payments from the rest of the property owners. These installment payments include principal, interest, and other administrative costs. These payments will be recorded in the Price-Street Special Assessments Fund 409 and then transferred to Water- Sewer Operating Fund 408 as a repayment of the funds advanced to fund the construction work. Disbursements to the tax collector and property appraiser will also be made out of the Special Assessments Fund from the proceeds collected from the property owners. FISCAL IMPACT: A budget amendment is needed to record assessment revenues of $30,409 and recognizing $3,528 in Carryforward; disbursements to the Property Appraiser and Tax Collector of $982, collection fees of $281, a reduction in Reserves of $9,491 and a transfer to the Water-Sewer Operating fund (408) to partially pay back the advance in the amount of $42,165. Agenda Item No. 16C8 April 27th, 2004 Page I of 3 GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan related to this project. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District approve the necessary budget amendments to record the receipts from the Property Owners and disbursements to repay the loan to the Water-Sewer operating fund and related administrative costs. Agenda item No. 16C8 April 27th, 2004 Page 2 of 3 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C8 Approve necessary budget amendments to record revenues and related expenditures for payment received from property owners of the Price Street - Barefoot Williams Road Water Municipal Services Benefit Unit (MSBU} Project No# 70077 and payments to various vendors. 4/27/2004 9:00:00 AM Prepared By Bala Sridhar Public Utilities Senior Management/Budget Analyst Public Utilities Operations Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 4/13/2004 1:45 PM Approved By James W. DeLon¥ Public Utilities Public Uffiities Administrator Public Utilities Administration Date 4/14/2004 5:58 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4121/2004 11:44 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 412112004 12:t8 PM Approved By James V, Mudd Board of County Commissioners County Manager County Manager's Office Date 4121/2004 12:44 PM Agenda Item No. 16C8 April 27th, 2004 Page 3 of 3 Executive Summary Recommendation that the Board of County Commissioners approve the after-the-fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Manatee Road Four New Potable Water ASR Wells Project 70157 OBJECTIVE: To receive after-the-fact approval from the Board of County Commissioners to submit an Alternative Water Supply grant application to the SFWMD to fund the Manatee Road Four New Potable Water ASR Wells Project 70157. CONSIDERATIONS: On March 31, 2004, a grant application was signed by the County Manager and submitted to SFWMD. This application had an April 1, 2004 deadline for submission, and time did not allow a completed application to go to the Board for approval prior to the April 1 deadline. This project is for the expansion of the Manatee Road ASR system, which is approximately one and one-quarter miles south of US 41 and approximately three-quarters of a mile cast of Collier Boulevard on the south side of Manatee Road, and includes construction of two ASR wells with attendant piping and wellhead equipment. Public Utilities Engineering submitted the application requesting $393,850, which is one-half of the construction cost of the project. The total cost of this project is $787,700; thereby the local match is equal to the grant-funding request. Grants for this program in the past have ranged from $100,000 to $300,000 per project. Should the full grant request not be awarded, it will not affect the completion of the project. The purpose of this grant is to encourage the development of alternative sources of water to replace potable fresh water. Only construction projects which will be completed within a three-year period from time of the grant being executed and for which permits have been submitted, are eligible for this grant. Grant applications will be reviewed and will be awarded in September 2004. Grant funds are payable upon completion of the construction of this project, which must be within three years. Upon receipt of these funds, staff will present the agreement to Board for approval. FISCAL IMPACT: The total cost of this project is $787,700, with $393,850 requested for the grant and a local match of $393,850. Funds for this project are included in the FY 04 budget approved by the Board on 9/18/03. This project is consistent with the 2002 Master Plan approved by the Board on 2/25/03, Agenda Item 10(A). The funds for this project are currently appropriated in the Water Capital Project Budget, Project 70157. The source of the funds is Water Impact Fees, Fund 411. GROWTH MANAGEMENT IMPACT: The Manatee Road ASR project will benefit the County and is consistent with and furthers the Goals, Objectives, and Policies of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, as Ex-officio of the Governing Board of the Collier County Water-Sewer District, approve the after-the-fact submittal of an Alternative Water Supply grant application to the South Florida Water Management District to fund the Manatee Road Four New Potable Water ASR Wells. Agenda Item No. 16C9 April 27th, 2004 Page 1 of 17 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C9 Recommendation that the Board of County Commissioners approve the after- the-fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Manatee Road Four New Potable Water ASP, Wells Project 70157 4/27/2004 9:00:00 AM Prepared By Artie Bay Public Utilities Senior Administrative Assistant Public Utilities Engineering Approved By Paul Mattausch Public Utilities Water Director Date Water 4tl 1/2004 6:37 PM Approved By William D. Mullin, PE Public Utilities Principal Project Manager Public Utilities Engineering Date 4/1212004 11:22 AM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 4112/2004 12:38 PM Approved By Marlene J. Foord Administrative Services Grants Coordinator Administrative Services Admin. Date 4112/2004 12:37 PM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 4/13/2004 9:22 AM Approved By James W. DeLony Public Utilities Pub{lc Utilities Administrator Public Utilities Administration Date 4/1412004 5:58 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4/16/2004 6:38 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 411912004 2:09 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 411912004 2:35 PM Agenda Item No. 16C9 April 27th, 2004 Page 2 of 17 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples. Florida34112 * 23%774-8383 · FAX239-774-4010 April 1, 2004 South Florida Water Management Distdct Procurement Division, B-1 Building, 2"~ Floor 3301 Gun Club Road West Palm Beach, FL 33406 Attention: Alternative Water Supply Funding Program Application FY 2005 RE: Collier County Manatee Road Aquifer Storage and Recovery Expansion Dear Chairperson and Board Members: Collier County respectfully submits the enclosed proposal for funding the construction of two additional aquifer storage and recovery (ASR) wells, wellhead equipment, and attendant piping. The work will serve to expand the County's existing ASR facility, located at the South County Manatee Road water transfer and storage site. The ASR project will enable the South Flodda Water Management District to further its mission of enhancing the existing water supply and contributing toward long-term reliability. A total of four new potable ASR wells are expected to increase the County's ability to store treated water from 1 million gallons per day (MGD) to approximately 5 MGD. Collier County will build and construct the two additional ASR wells funded by the Distdct Alternate Water Supply Funding Program in Fiscal Year 2004 and now requests funding for two additional wells to be constructed in Fiscal Year 2005. The new wells will improve Collier County's water system reliability and capacity by allowing the County to store millions of gallons of excess water, which is available in the wet season, in a brackish water aquifer until it is needed. The Need for the Project: Collier County is located within the South Florida Water Management District's (SFWMD) Water Resource Caution Area and the Big Cypress Basin. The County has experienced and is anticipated to have potable water supply problems in the next 20 years. This project will help alleviate some of these water supply problems by providing additional storage of treated water for use in emergencies, or when demand exceeds supply at the County's water treatment facilities. Tarcmt Audience: The project will provide benefit to the citizens of Collier County through the additional storage of treated water at the County's Manatee Road site. The storage and later use of this recovered water will result in the conservation of potable water resources in Collier County: Agenda Item No. 16C9 April 27th, 2004 Page 3 of 17 Page 2 Primary Strategies for Implementation: The scope of work for this project includes two major tasks, which are listed below: Task 1: Construction of two potable water ASR wells equipped with vertical turbine pumps, wellhead equipment (fiowmeters, telemetry, etc.) and attendant piping. The ASR wells will be connected to a 6 million-gallon above ground storage tank and County potable water distribution system. Task 2: Operational startup and testing. A more detailed description of these tasks is included in the attached "Statement of Work." Evaluation of the Short and Long-term Benefits of the Project: The existing single-well potable ASR system was completed in 1999. By the year 2001, the system boasted an annual recovery rate of more than 100 percent. This ASR program will ultimately increase the ASR system from 1 MGD to 5 MGD. Long-term benef'~.s will include a reduction in the use of potable water resources, reduced wellfield stress during the dry season, and a reduced threat of saltwater intrusion. The ASR expansion will provide a means to meet the potable water demand of customers with increased capacity and reliability and will support local and regional water management strategies. Proposed Project Management Plan: Mr. Roy B. Anderson, P.E., Public Utilities Engineering Director at (239) 530-5336 will serve as Program Director for this project and Mr. Peter Schalt, PMP, at (239) 530-5343 will serve as Senior Project Manager. Following execution of the agreement between the SFWMD and Collier County, a kick-off meeting will be held in which the County will update the District on the project's status and establish a schedule of project payments to be submitted to the District. The project has been subdivided into two work tasks, including 1) construction activities and 2) operational startup and testing, to assist in the overall management of the project. These work tasks and a project schedule are discussed in the "Statement of Work' section of this application. Monthly progress reports will be prepared by the County which will describe: 1) the work completed dudng the past month, 2) activities anticipated to be completed during the upcoming month, 3) the status of the project budget, and 4) any anticipated needs to revise the schedule and/or budget. Collier County Authorized Representatives: The following people are authorized to make representations regarding this project on behalf of Collier County: NAME: TITLE: AGENCY: ADDRESS: PHONE: FAX: James V. Mudd County Manager Collier County 3301 East Tamiami Trail, W. Harmon Turner Building, 2'~ Floor Naples, Florida 34112 (239) 774-8383 (239) 774-4010 Agenda Item No. 16C9 April 27th, 2004 Page 4 of 17 Page 3 NAME: TITLE: AGENCY: ADDRESS: PHONE: FAX: James W. Delony, P.E. Public Utilities Administrator Collier County 3301 East Tamiami Trail, Bldg. 'H,' 3ru Floor Naples, Florida 34112 (239) 732.2540 (239) 732-2526 NAME: Peter Schalt, PMP TITLE: Senior Project Manager AGENCY: Collier County ADDRESS: 3301 East Tamiami Trail, Bldg. 'H,' 3'~ Floor Naples, Florida 34112 PHONE: (239) 530-5343 FAX: (239) 732-2526 As an authorized representative of Collier County, I declare that this Alternative Water Supply Funding Program Application was prepared without collusion with any other person or entity submitting an application pursuant to the Funding Program. Collier County looks forward to working with the District to construct the two ASR wells at the Manatee Road site. Sincerely, ' ~James V. Mudd County Manager Agenda Item No. 16C9 April 27th, 2004 Page 5 of 17 i APPLICATION 2004-2005 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ALTERNATIVE WATER SUPPLY FUNDING PROGRAM APPLICATION FORM Application No: AWS - 05 (District to provide) The undersigned Applicant has read all of the terms and conditions of the Alternative Water Supply Funding Program Guidelines and Application, and certifies that all of the information contained within this application and subsequent Attachments is true and correct to the best of its knowledge. Applicants Legal Name: Collier County Water-Sewer bistrict (State Div./Dept. if applicable) Project llde: ~Aanatee Ro~d Potable Aquifer I~ecovery (ASP.) System Expansion Storage and Description: Exlmnsion of the Manatee lloyd ASR system; includes construction of two (2) A5~ wells with attendant piping and wellhead equipment Type of Organi2ation: County Government Applicant's Address: 3301 Tamiami Trail E. Bidg, H, 3rd Floor Naples, Florida 34112 Funding Amount Requested: $393,850 County in which Project will be Built: Collier County Date of Incorporation: State of Incorporation: Federal ID No.: 2 t-07-01.9995-53C Has your organization ever received funding under the Alternative Water Supply Program? Yes I1 No [] Year last received: 2003-2004 Amount of Funding Received: $1000000 Is the Project(s) Still Ongoing? Yes I1 No [] District's Contract Number(s): DG-040634 __ Expected Completion Date(s): March 31, 2007 Current Stares of the Project(s):__Constmction specifications prepared pending release for bid Authorized Person's.tqame: James V. Mudd, RE. , Mgnature:. ~ ~ ~ M~st be signed by enti~ ~fle: Coun~ Manger Telephoae Area Code/Number: (239) 774-8383 Fax Number: (239) 774-4010 Agenda Item No. 16C9 April 27th, 2004 Page 6 of 17 1.0 INTRODUCTION Collier County is requesting funding to further expand its aquifer storage and recovery (ASR) system. The ASR system serves several purposes: 1) it emhances the existing public water supply, 2) protects sensitive freshwater sources during critical dry months, 3) ~ allowed the County to delay costly treatment facility expansions, 4) and contributes to the Iong-ten'n reliability of the County's public water system. Background Rapid growth and a high dry-season demand for potable and non-potable water have stressed Collier County's sensitive freshwater aquifers. In 1999, Collier County finished consh-uction of its first ASR well system at the Manatee Road site to help meet the Counts water supply needs. The 1 million ganon per day (MGD) system works by pumping potable water from the water treatment plant during periods of low demand into the Hawthorn Aquifer Zone II, which is located between 465 and 525 feet below land surface at the site. This brackish aquifer serves as underground storage for the potable water. ASR is increasingly being recognized as an effective tool for rrmnaging water resources in South Florida. ASR technology works by storing potable water in an underground aquifer during times when excess water is available. The treated, potable water displaces the brackish, native water and forms a "bubble" of stored water in the aquifer. Then, at times when demand exceeds the plant's capacity, the potable water is recovered from the aquifer, disinfected, and used to meet residential and commercial customer needs. The storage of water in an aquifer below ground has a number of advantages over conventional storage methods. When uflizing ASR, storage space ~s available at a relatively low cost, project locations can be selected where convenient, subject to favorable hydrogeologic conditions, evaporative losses are minimized, and underground storage helps to provide protection from contamination. The success of the Manatee Road ASR system was proven under emergency conditions caused by a drought in Collier County in 2001. Collier County was able to successfully meet its water resource needs during this critical time by withdrawing Agenda Item Nol 16G9 April 27th. 2004 Page 7 of 17 water ~rom the Manatee Road ASR system at an annual recovery rate greater than 100 percent. Collier County plans to expand the Manatee Road ASR system to further address water availabiIity issues, reduce stress on area aquifers, and decrease the potential for saltwater intrusion into the County's freshwater aquifers. Z.0 SCOPE The existing Manatee Road ASR system consists of one ASR well equipped with a vertical turbine pump, wellhead equipment, and a re-chlorination system for the recovered water. Five monitor wells tapping various aquifers have also been installed. The monitor wells are used to collect water level and water quality data at the site. The County currently has plans to expand the Manatee Road ASR system by adding two ASR wells, wellhead equipment, and attendant piping in Fiscal Year 2004, as funded by the South Florida Water Management District (SFWMD) Alternative Water Supply Funding Program for Fiscal Year 2004. In addition, a 6 million gallon above ground storage tank will be ins~lled at the Manatee Road site at the end of Fiscal Year 2004. The purpose of this project is to further expand the Manatee Road ~ system by adding a re-chlorination facility and two additiorml ASR wells with attendant facilities in Fiscal Year 2005. ss r Ro cr IUST CAT ON Planning projections indicate that by the year 2005, maximum daily demands for water in Collier County will increase by almost 8 MGD ~ 39 MGD. This project provides an economical means for the County to capture a previously unused resource. By taking advantage of seasonal cycles, the ASR system will harness millions of gallons of freshwater and system capacity that would previously have been wasted. The water will be safely stored in a brackish aquifer until needed. This project will increase the availability of water at a time when it is most needed without stressing freshwater sources. It will also help Collier County meet the objed:ives of its Water Supply Master Plan. The existing ASR system proved itself during drought conditions in the year 2001 by managing an annual recovery rate of more than 100 percent. Expansion of this ASR system is essential to meeting the water demands of one of the fastest-growing areas in the country, and is an important element of long-term water management 3.1 Potential for Significant and Lasting Benefits ExpansiOn of the ASR system will have significant and lasting benefits for Collier County. The project will: Agenda Item No. 16C9 April 27th, 2004 Page 8 of 17 provide a means to meet the potable demands for current and future Collier County customers, · provide a means to conserve freshwater resources, · minimize the threat of saltwater intrusion by reducing welltield slzess during the dry season, · reduce potential seasonal stzess on wetland vegetation, · reduce the need for water system expansion, and · support regiorml water management strategies. 4.0 WORK BREAKIX)WN STRUCrtmE The success of the existing ASR facility has prompted the County to move forward with plans for expansion of the Manatee Road ASR system. Recommendations to consider ASR facilities are included as part of the County's 2001 Water Master Plan. 4.1 Description of Project Elements The project consists of two tasks: 1) construction and 2) operational start-up and testing. A description of these tasks is provided. 4.1.1 Construction Activities In 2005, the Collier County Manatee Road ASR system will be expanded by tine installation of two recharge and recovery wells, designated ASR4 and ASR-5, which will each have a design capacity of 1.5 MGD. Ail well construction and testing will be conducted in accordance to Florida Department of Environmental Protection (FDEP) and SFWMD rules. The well testing program will include geophysical logging of the borehole prior to setting the final casing string and the open hole interval and the performance of a step-drawdown test. Wells ASR4 and ASR-5 will be similar in construction to the existing recharge and recovery well ASR-1. The total and cased depths of the wells will be approximately 530 and 470 feet below land surface CoN), respectively, and will be completed with an open hole construction. The wells will be constructed of 12-inch diameter SDR-17 PVC and expanded to 16-inches in diameter at a depth of 140 feet bls in order to accommodate a submersible pump. The wellhead and instmmentaQon for ASR4 and ASR-5 will also be similar to those of ASR-1. Figure 1 illustrates the ASR well construction detail.q and local geology. A well site layout is provided as Figure Z Surface construction tasks that will be completed to allow for operational testing will include the following: 1) injection/recovery water transmission main construction, 2) filter, pumps, and valving purchase and installation, 3) instrumentation and controls purchase and installation, and 4) electrical Agenda Item No. 16C9 April 27th, 2004 Page 9 of 17 ] system construction. Upon the completion of construction activities, a certificate of completion for the wellfield and mw water transmission facilities will be prepared. Record drawings of the new facilities will be developed. 4.1.2 Operational start-up and Testing A systems checkout consisting of the troubleshooting of equipment and instrumentation installed as part of the project will be conducted. Start-up operational tests will also be conducted to evaluate the performance of the newly constructed facilities. ASR-4 and ASR-5 will be installed within the fi~shwater stom~ zone of the existing ASR well. The new wells will therefore be immediately brought into no~trml operation, as opposed to conducting cycle testing. The perfcu:a-mnce of the woll~ will be monitored for a one-year period after which a request will be made for an FDEP Authorization to use. 5.0 FROJEer COST The cost for f~e construction of the two ASR wells, wellhead equipment, and attendant piping is estimated to be approximately $787,700. Estimated construction costs are based on historic unit prices and contractor estimates. A cost breakdown for the project is provided in the following table. Please note that the costs presented are conservative. Lower prices may be obtained for some items, such as well installation, through competitive bidding. Collier County has budgeted funding in Fiscal Year 2004 for 100 percent of the project costs. A copy of the financial commitment fix~n Collier County is included in the Funding Proposal section of this application. Construction cost estimates for the Manatee Road ASR Expansion Project 'Unit~ ~'icqUnits i Total Price 12" ductile iron pipe 500 ft $5~ $27,50C 8" ductile iron pipe 500 ft $3~ $17,50C Wells 2 ea. $260,00/ $520,00~ Wellheads (including fence) 2 ea. $60,00C $120,000 Subtotal $685,000 Contingencies (15%) [ $102,700 r°;'ai I Agenda Item No. 16C9 April 27th, 2004 Page 10 of 17 IAi)CATION OF THE PROJECr The ASR facility is located at the South County Manatee Road water transfer and storage site. The site, which is owned by Collier County and zoned for public utility use, occupies approximately 43 acres on the south side of Manatee RoacL Water storage, re-pump, and re-chlorination facilities currently exist at the site, which make it espedally conducive for this project A project location map is induded as Figure 3. Z0 DELIVERABLE SCI-IED~ The following table provides a project schedule Collier County plans to complete the construction phase of this project within 24 months from the dat~ of execution of an agreement with the SFWMD. The request for support shall be applied only for the payment of capital or infrastructure costs for the construction of altemaQve water supply systems that provide alternative water supply methodology. Completion of the project, including operational start-up and testing, is estimated to take 24 months. I Task Number I Task Description Start Date End Date 1 Cons~tctbn Apr~ 2005 Apd12006 2 Operational Start-up Apr~ 2006 April 2007 and Testing Agenda Item No. 16C9 April 27th, 2004 Page 11 of 17 0 ~ ~ ~3AI~ 39V"gd ¥IC1¥9t::1V 1~ dNO}:lID NhlO H.I./,A¥'H =l:~V'..-I~n90NV-I AAO'I:IG '.l.:l::::l-.l NI 'Hid:lO Agenda Item No. 16C9 April 27th, 2004 Page 12 of 17 Agenda Item No. ,C9 April 27th, )04 Page 13 of 17 Agenda Item No. 16C April 27th, 200 FUNDING PROPOSAL 1.0 REQ~ I~OR I~'NDING The Manatee Road ASR expansion project is estimated to cost $787,700. The mount requested from the SFWMD is $393,850. The request for support shall be applied only for the payrmnt of capital or infi-astructure costs for the construction of alternative water supply systems that provide alternative water supply. Collier County plans to complete the construction phase of this project within 24 months from the date of execution of an ag~mx~t with the b-~VMD. FINANCIAL CO~ ColIier County has budgeted funds for 100% of the project costs for Fiscal Year 2004. A copy of the financial commitment from Collier County is included. 3.0 BASIS OF CONSTRUCrION COSTS Estimated construction costs have been prepared by CDM based on historic unit prices and contrac~r estimates. A cost breakdown for the project is provided in the following table. Please note that the costs presented are conservative. Lower prices may be obtained for some items, such as well instalhfi~ through competit/ve bidding. Construction cost estimates for the Manatee Road ASR Ex ~ansion Pro ect -- Units ~h'ice/Units Total Price 12" ductile iron pipe 500 ft $5~ $27,~0G 8" ductile iron pipe 500 ft $35 $17,50G Wells 2 ea. $260,00C $520,000 Wellheads (inCluding fence) 2 ea. $60,00G $120,000 Subtotal $685,00(3 Contingendes (15%) $102,700 Total $787,70(] Budget documentation follows Agenda Item No. i6C9 April 27th, 2004 Page 15 of 17 (FORM COLLIER COUNTY FY 03-04 BUDGET CAPITAL. iMPROVEMENT PROGRAM /dOTE: Com;letl St~m~ 1-~, ~l~ select Shell 2. to begin imlring fund IF THIS 13 A NEW PROJECT, PLEASE COMPLETE A NEW PROJECT SET UP FORM AND &TTACH TO ?H~.. 1. PROJECT NUMEEA: 70157 2. PROJECT NAME; M&nltee Road Parable Wat~' A3R Wels 3. EST. PROJECT START {MM/YY): O'cl.02 4. EST. PROJEC~f COk~LETION (MM/YY): 5. CIE PROJECT ~YeslNo)? _ e. CiE NUM~E~; 7. TYPE 0F PROJECT (TYPe 'X' t~ setect ~" appica~k' type): &. Roads e. Liarmy b. Pa,"'~ L LJndfll c. Pubic Salely g. ,Stormwamr d. Gert G<w't FaciIUe~ I~ AJflX~ Facir~es 09/05 X, L Water/Sewer I. O~e~ Sheet 1 Summary 8. pROJECT LOCAT1ON/DE. SCRIPTION: Desitin, l~errnl+., ~ c~xtsvuct roue addi~or~ 0otable wa~er ,Klulfm' ~,tom~e ind me_.~va~ (ASR} weis at the Maname Road Pumoln9 Station FY 03: Ce_'_-~ .nd ~.rm. ~ new ASP. :-.:~-- ..mS 51~3 Storatp Tm~k. FY04: B~d, buad. ,,M ~ two _--~_ '__- and one SMQ Sa~'al~. TanL FY 05: Bid, buad, and c~,-,~.'--,x= twa .... start up. ~.___~b~eqo<x and ~ ~ ~ ~ c. U~ F~ X f. I~ ~ ~NOS: 11. PROPOSED O&M FUNDING SOURCE(~ (Type 'X" Io~ ~ ~ seu~ce): Ad Vakxem (G4n Furw') k~t~n3J Sea,lee Chm~ea Cany 12. PROJECTED OPE~llNG & ~CE (~ ~S~ (S~ & R~): 13. It NEW P'UU..TII;IE EQUrVAI.ENTS (FTE~) REQUIRED: 14. PROJECTED NEW OPERATING REVENUES (e.g., Sewlc~.Cha~ea/Perm~): FY04 ] FYO~ F*YO~ FY07 ', $ - S - $ 70157 Agenda Item No. 16C9 April 27th, 2004 Page 16 of 17 Sheet2 Fund (F~RM D] COLLIER COUNTY FY 03-04 BUDGET CAPITAL I~=ROVEMENT PROGRAJ~I ~ Pn~ct J,,,,t~c.~tio~ Wofl<sheet NOTE: tten'~ t ~ ~'e a~om,~caity tilted ~. P~ ~ I~m 7. 701~ ~ PR~ECT ~E; ~n~t~ R~d ~ Water ~R Wells 1. PROJECT NUME, ER; 3. CIE PROJECT (Yes/No)? 5. 'tYPE OF PROJECT: a. ~. Par'~ ~ c, PuI~ Safe~ d, Gert GoVt Fac~ities 0 4. CiE NUMiSER: ~ e. ~ry FaciddeU/~4aterials X L Water/Sewer f. La~d~l Improvements . , g. Ston'nwatet M~ j. Oa"ter h. AJrpott Faciatie~ 6. PROJECT LI;3C, ATtON/DESCRIPTION: Oesl~'t, pein'tit. ~ const,-ucl four axld~ona[ i~:)(able water aqutl~ storable and tecove~ (ASR) .d~il~ at t~e Manatee Rca0 Pun'~ng Station slle. FY 03: D,,s~n and penni fOLU' ~ ASR wells a~d ~ S~ie Tm'tk. FY 04,: Bkl. build, and constn..~ two ~ and one 6MG $~e TanX. FY 05: e~. buitd, and construct ~ wa~8, ~tart t~, troubiest~ot and ck:~e out gn~ec~. 7. PROPOSED CAPIT.N.. FUNDING SOURCE(S) (Ty~e 'X' to select sect1 C.~s Taxa~ Ad Vak~'em (Gen Fund} Can'y Fonvan:l Bond/L~n Proceeds ~ntem$~ts/Misc. 1~ User Fees X Impact Fees 8. C.AP/T~ PROJECT EXPENDITURES: FUN~ COST CENTER DESCRi--ON]P'r'il FY03 ;='~' 03 F'YQ3 FY04 1~05 FY06 FY07 O~LIECT ADOPTED AMENDED FORECAST PLANNED PLANNED PLAJ~INED PLA4NNED F~A/,,INED TOTAL 831400 En~Fee~ "" S ,. - S - S 80,000 $ 400,000 S 65,00O $ 46.5,000 631500 A,'~tatecrl Fees" , , 631551 Con~t M~t Fee-~ .......... · 31600 AOOr~ Fees ~ 990 (:~r P~c~ F~s , e~OBC) ~merdept P~.t. : 634999 Ot~r Coflb' Svc3 649010 Lk; & Pem~ 351(~00 35,0~ 0 2~,000, 20,000! TOTALOPNG ~ , 3S,000 $ 3.5,0~0 $ 80,000 $ 420,1~00 $ SE,000' - 763100 [rnon. mnts Gan 4,SOO,0(X) 2.25~,000 ~.750,0~0 7631 l0 Ro~s & 8ridge ........ 763310 764,310 Othr Fumi~re I. ... 754990 Othr MaCJ'VEqLU0 ~ TOTAL PROJ $ 235,000 229,100 80,000 4,920,00Q 2,335,{:X30 $ - $ .... · $ 7,255,000 NOTE: After expenditure in[o~Tnation is entered, select Sheets 3-5 as needed to enter information for additional funds, otherv~se select Sheet 1 and continue with Item 11. 70157 Agenda Item No. 16C9 April 27th, 2004 Page 17 of 17 Executive Summary Recommendation that the Board of County Commissioners approve the after-the-fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Carica Road Potable Water ASR Exploratory Well Program, Project 70897 OBJECTIVE: To receive after-the-fact approval from the Board of County Commissioners to submit an Alternative Water Supply grant application to the SFWMD to fund the Car/ca Road Potable Water ASR Exploratory Well Program, Project 70897 CONSIDERATIONS: On March 31, 2004, a grant application was signed by the County Manager and submitted to SFWMD. This application had an April 1, 2004 deadline for submission, and time did not allow completion to go to the Board prior to the April 1 deadline. This project is for the Car/ca Road Potable ASR exploratory well testing and construction. This project is located approximately one-half mile south of Vanderbilt Beach Road on the East side of Goodlette Frank Road. Public Utilities Engineering submitted the application requesting $110,000, which is one-half of the construction cost of the project. The total construction cost of this project is $220,000; thereby the local match is equal to the grant-funding request. Grants for this program in the past have ranged from $100,000 to $300,000 per project. Should the full grant request not be awarded, it will not affect the completion of the project. The purpose of this grant is to encourage the development of altemative sources of water to replace potable fresh water. Only construction projects which will be completed within a three-year period from time of the grant being executed and for which permits have been submitted, are eligible for this grant. Grant applications will be reviewed and will be awarded in September 2004. Grant funds are payable upon completion of the construction of this project, which must be within three years. Upon receipt of these funds, staff will present the agreement to Board for approval. FISCAL IMPACT: The total construction cost of this project is $220,000, with $110,000 requested for the grant and a local match of $110,000. Funds for this project are included in the FY 04 budget approved by the Board on 9/18/03. This project is consistent with the 2002 Master Plan approved by the Board on 2/25/03, Agenda Item 10(A). The funds for this project are currently appropriated in the Water Capital Project Budget, Project 70897. The source of the funds is Water Impact Fees, Fund 411. GROWTH MANAGEMENT IMPACT: The Carica Road Potable Water ASR Exploratory wells project will benefit the County and is consistent with and furthers the Goals, Objectives, and Policies of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, as Ex-officio of the Governing Board of the Collier County Water-Sewer District, approve the after-the-fact submittal of an Alternative Water Supply grant application to the South Florida Water Management District to fund the Carica Road Potable Water ASR Exploratory Well Program. Agenda Item No. 16C10 April 27th, 2004 Page 1 of 14 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C10 Recommendation that the Board of County Commissioners approve the after- the-fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Carica Road Potable Water ASR Exploratory Well Program, Project 70897 4/27/2004 9:00:00 AM Prepared By Artie Bay Public Utilities Senior Administrative Assistant Public Utilities Engineering Approved By Paul Mattausch Public Utilities Water Director Date Water 4/11/2004 6:39 PM Approved By William D. Mullin, PE Public Utilities Principal Project Manager Public Utilities Engineering Date 411212004 11:21 AM Approved By Marlene J. Foord Administrative Services Grants Coordinator Administrative Services Admin. Date 4/12/2004 12:39 PM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 4/1212004 12:39 PM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 4/13/2004 9:22 AM Approved By James W, DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 411412004 5:59 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4116/2004 6:46 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/19/2004 2:1,3 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4119/2004 2:40 PM Agenda Item No. 16C10 April 27th, 2004 Page 2 of 14 COLLIER COUNTY MANAGER'S OFFICE 33UI Eas! Tamiami Trail · Naples. Florida 34112 · 239-774-8383 · FAX 239-774-4{110 April 1, 2004 South Florida Water Management Distdct Procurement Division, B-1 Building, 2n* Floor 3301 Gun Club Road West Palm Beach, FL 33406 Attention: Subject: Alternative Water Supply Funding Program Application FY 2005 Collier County Carica Road Aquifer Storage and Recovery Exploratory Well Program Dear Chairperson and Board Members: Collier County respectfully submits the enclosed proposal for partially funding the construction of an exploratory aquifer storage and recovery (ASR) well at the Cadca Road pump station site. This project is the first phase of a larger project that will ultimately result in two ASR recharge and recovery wells with a combined capacity of three million gallons per day (MGD) of water. This new ASR system will enable the South Florida Water Management District to further its mission to enhance the existing water supply and contribute toward long-term reliability. This new system will improve Collier County's water system reliability and capacity by allowing storage of millions of gallons of excess water available in the wet season in a brackish aquifer until it is needed. The Need for the Proiect: Collier County is located within the South Florida Water Management District's Water Resource Caution Area and the Big Cypress Basin. The County has experienced, and is anticipated to have potable water supply problems during the next 20 years. This project will help alleviate water supply problems by providing additional storage of treated water for use in emergencies, or when demand exceeds supply at the County's Water Treatment Facilities. _ Target Audience: The project will provide benefit to the citizens of Collier County through the additional storage of treated water at the County's Carica Road site. The storage and later use of this recovered water will result in the conservation of potable water resources in Collier County. Agenda Item No. 16C10 April 27th, 2004 Page 3 of 14 Page 2 Primary Strate.qies for Implementation: Collier County will analyze existing hydrogeology data and construct an exploratory well to confirm ASR feasibility and identify the best storage zone. The exploratory well will be converted into a storage zone monitor well, which is required by the FDEP, so that it will not represent an additional cost. A one well pilot system will then be constructed and tested. Evaluation of the Short and Long-Term Benefits of the Proiect: The completion of the exploratory program and construction of a pilot ASR system will initially provide a supplemental source of water at the Carica Road pump station site that can be used for emergency supply and meeting peaks in demand. ASR at Carica Road and elsewhere in Collier County will be an important element in the optimization of water resources management. ASR will serve an increasingly important role in capturing the excess water available dudng the summer rainy season for use dudng the dry season when demand is greatest Proposed Project Management Plan: .This project will involve the construction of a new ASR system in addition to the existing successful Manatee Road ASR system, in order to provide a consistent, quali~y product, the County will use the same management team and consultant to complete the work effort. Collier County Authorized Representatives: The following people are authorized to make representations regarding this project on behalf of Collier County: NAME: TITLE: AGENCY: ADDRESS: PHONE: FAX: James V. Mudd County Manager Collier County 3301 East Tamiami Trail, W. Harmon Turner Building, 2nd Floor Naples, Florida 34112 (239) 774-8383 (239) 774-4010 NAME: TITLE: AGENCY: ADDRESS: PHONE: FAX: James W. Delony, P.E. Public Utilities Administrator Collier County 3301 East Tamiami Trail, Bldg. 'H,' 3'~ Floor Naples, Flodda 34112 (239) 732-2540 (239) 732-2526 Agenda Item No. 16C10 April 27th, 2004 Page 4 of 14 Page 3 NAME: TITLE: AGENCY: ADDRESS: Peter Schalt, PMP Senior Project Manager Collier County 3301 East Tarniami Trail, Bldg. 'H,' 3ru Floor Naples, Flodda 34112 PHONE: (239) 530-5343 FAX: (239) 732-2526 As an authorized representative of Collier County, I declare that this Alternative Water Supply Projects Funding Program Application was prepared without collusion with any other person or entity submitting an application pursuant to the Funding Program. Collier County looks forward to working with the Distdct to construct the new Cadca Road ASR facility. Very truly yours, County Manager Agenda Item No, 16C10 April 27th, 2004 Page 5 of 14 APPLICATION 2004-2005 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ALTERNATIVE WATER SUPPLY FUNDING PROGRAM APPLICATION FORM Application No: AWS - 05 (District to provide) The undersigned Applicant has read all of the terms and conditions of the Alternative Water Supply Funding Program Guidelines and Application, and cerdfies that all of the information contained within this application and subsequent Attachments is true and correct to the best of its knowledge. Applicant's Legal Name: Collier County Water,Sewer District (State Div./Dept. if applicable) Project Title: Carica Road Potable Aquifer Storage and Recovery (ASR) Exploratory Wells Program Description: Carica Road Potable ASR exploratory well testing and construction Applicant's Address: 3301 Tamiami Trail E. tHdg. H, 3~ Floor l~aples, Florida 3411Z Funding Amount Requested: County in which Project will be Built: Collier County Type of Organization: County Government Date of Incorporation: State of Incorporation: Federal ID No.: 21-07-019995-53C Has your organization ever received funding under the Alternative Water Supply Program? Yes · No [] Year last received: 2003-2004 Amount of Funding Received: $ Is the Project(s) Still Ongoing? Yes I No [] District's Contract Number(s): _DG-040634 Expected Completion Date(s): __March 31, 2007 Current Status of the Project(s):__Construction specifications prepared pending release for bid Authorized Person's~Name: James V. Mudd, P.E. si~.~,,~: ./ /~-~f' ',-'/~"~? M-'~be signed by enti~ / Title: County Manager Telephone Area Code/Number: (239) 774-8383 Fax Number: (Z39) 774-4010 Agenda Item No. 16C10 April 27th, 2004 Page .6 of 14 Statement of Work (Attachment A) Collier County Carica Road Potable Aquifer Storage and Recovery ExplOratory Well Program 1.0 INTRODUCTION !Collier County is requesting funding for Phase 1 of a project that involves building an aquifer storage and recovery (ASR) system located along Carica Road. There are several purposes for this ASR systeaxc It will enhance the existing public water supply and protect sensitive freshwater sources during critical dry months. The ASR system will also delay costly treatment facility expansions, tap into previously unused resources, and contribute toward the long-term reliability of the COunty's public water system. Background The basic principle behind an ASR system involves storing potable water in an underground aquifer during times when excess water is available. The treated potable water replaces the brackish, native water and forms a "bubble" of stored water in the aquifer. Then, at times when demand exceeds treatment pIant capacity, the potable water is recovered from the aquifer, disinfected, and used to meet this demand. Rapid growth and high dry-season demand for water have stressed Collier County's sensitive freshwater aquifers. In 1999, Collier County finished construction of its first ASR well system to help meet the County's water supply needs. The one million gallon per day (MGD) system works by pumping potable water from the' water treatment plant during periods of low demand, into the Hawthorn Aquifer Zone II. Zone II is located between 465 and 525 feet below the surface at the Manatee Road site. This brackish aquifer serves as underground storage for the potable water: A drought early in 2001 proved this ASR successful when the County .met its water resource demands by using the recovered water. Collier County anticipates that it will experience continued rapid population growth with a concomitant increase in potable water demands. Water treatment facilities and distribution systems typically constructed to meet the highest use over a projected 3- to 20-day time period are underused or idle for large parts of the year throughout the State of Florida. If the County increases its water supply by constructing ASR systems, it anticipates that it will meet future peak demands as well as offset the large capital costs associated with expanding water treatment plants and upgrading water distribut/on infrastructure. Agenda Item No. 16C10 April 27th, 2004 Page 7 of 14 The County is currently expanding their existing Manatee Road ASR system. 2.0 SCOPE This new ASR system will provide additional water that will help meet local and system-wide seasonal peaks in demand. The ASR system will store potable water that Will return to the distribution system as needed after post-recovery disinfection. Phase 1 of this project will consist of permitting, installing and testing an exploratory well. This well will confirm ASR feasibility and identify the best storage zone in the area. Later phases of the project will include permitting, construction and testing a one-well pilot ASR system as well as constructing a second ASR well for an ultimate capacity of three MGD from the two recharge and recovery wells. The scope of work for Phase 1 is more specifically detailed in Section 4.0. The principal overall goals of the project are the following: . Reduce dependence on the Lower Tamiami Aquifer to meet peak dry season demands; · Provide an emergency water source in the northwestern part .of Collier County's service area; · Minimize the need for wellfield, transmission line and water treatment system expansions; and · Comply with the Lower West Coast Water Supply Plan objectives. 3.0 PROJECT JUSTIFICATION County Planning projections indicate that by the year 2005, maximum daily demands for water in Collier County will increase by almost 8' MGD, to a total of approximately 39 MGD. The project provides an economical means for the County to capture a valuable resource, allowing them to meet future demands. 3.1 Potential for Significant and Lasting Benefits As a short-term benefit, the completion of the exploratory program will allow the construction of the pilot ASR system. The pilot system will provide a supplemental source of water at the Carica Road pump station site that can be used for emergency supply and meeting peaks in demand. As a long-term benefit, ASR systems at Ca_fica Road and elsewhere in Collier County Will be an important element for optimizing water resources management. ASR will serve an increasingly important role in capturing the ' excess water available during the summer rainy season for use during the dry season when demand is greatest. Agenda Item No. 16C10 April 27th, 2004 Page 8 of 14 4.0 WORK BREAKDOWN STRUCTURE (WBS) The County wishes to further their reliance on ASR based on the success of their existing Manatee Road ASR system. This section describes the methodology and rationale for Phase 1 of this proposed project. 4.1 Description of Project Elements Phase 1 consists of a hydrogeology data review, followed by exploratory well conceptual design, permitting, construction, and start-up. Phase 1 will take place over the course of a one-year timeframe. 4.1.1 Task 1: Data Review and Preliminary Permitting The first task of Phase I involves performing a review of existing hydrogeology data in the area of the Carica Road pump station site. This task is currently ongoing and is not part of the grant request. This review will identify a potential storage zone for the ASR by considering site boundaries and constraints, locations of regulated land areas (i.e. wetlands), existing infrastructure, above and below ground rights-of-way, easements, and any other legal constraints. This data review will also include completing a well inventory of the surrounding area, which will identify any potential impacts on nearby aquifer users. Part of this task also includes preparing and submitting an application for a Florida Department of Environmental Protection (FDEP) construction permit for the exploratory well. This exploratory well will ultimately function as a storage zone monitor well for the Carica Road ASR system. 4.1.2 Task 2: Exploratory Well Construction and Testing Upon completion of FDEP permitting, the second task of Phase 1 will involve constructing an exploratory well at the Carica Road site. The objective of this exploratory well is to obtain site specific hydrogeology data important for identifying the preferred ASR storage zone. The well testing program will include geophysical logging, packer tests, step-drawdown tests, and collecting water samples for analysis of formation. This allows evaluation of the potential for adverse fluid-rock interactions in the aquifer. 4.1.3 Task 3: Well Completion Report and Preliminary Design for One Well Pilot ASR System Task 3 will involve completing a Well Completion Report, which will document all construction and testing activities, for submittal to the FDEP Drinking Water and Underground Injection Control Division. If the exploratory well program results are favorable, this report will also include the conceptual design for the one well pilot ASR system. The conceptual design Agenda Item No. 16C10 April 27th, 2004. Page 9 of 14 will include analyses of potential well interactions, injected water movement and recovery, conceptual level drawings of the well site, wellhead equipment, connecting piping, hydraulic analysis, and preliminary post-recovery water treatment system process instrumentation and control diagrams. This report will also function as a basis for initial di.c~russions with the FDEP and the South Florida Water Management District (SFWMD). Based on input received from these discussions, the County will make modifications and develop appropriate permit applications for the next phase of the project. 5.0 PROJECT COST The construction costs for Phase 1 are equal to approximately $220,000. A cost breakdown for all of Phase 1 is provided in the following table: Data Review and Pexs-rdtting Well Drilling and Testing Laboratory Testing Professional Exploratory Well Construction 20,000 220,000 10,000 60,000 6.0 LOCATION OF PROJECT Collier County plans to use its C_.arica Road pump station site as the location of this new ASR system. This site is located in the northwestern portion of the County near the intersection of Caxica Road and Goodlette Road. It is approximately five acres, owned by Collier County, and zoned for Pubhc Utility use. Water storage and pumping facilities currently exist at this site, making it especially conducive for this project. An aerial view illustrating the project location is attached as Figure 1. 7.0 DELIVERABLE SCHEDULE The following table provides a detailed project schedule. Phase 1 is estimated to be completed within 12 months. Agenda Item No. 16C10 April 27th, 2004 Page 10 of 14 Total Data, Collection and Permitting associated with constructing the well Exploratory well construction and testing Well completion report and preliminary design for one well pilot ASR system November 1, 2003 June 1, 2004 September 1, 2004 October 15, 2003 May 31, 2004 7 August 31, 2004 3 October 31, 2004 2 October 31, 2004 12 Agenda Item No. 16C10 April 27th, 2004 Page 11 of 14 Itu,~ 14u. iGCiO April 27th, 2004 Page 12 of 14 FUNDING PROPOSAL ColLier County carica Road Potable Aquifer Storage and Recovery Exploratory Well Program 1.0 ReqUest for Funding The following table shows the preliminary cost estimate and funding scheduIe for the project. The amount of funding requested from the District is $110,000. The request for support shall be applied only for the payment of capital or infrastructure costs for the construction of alternative water supply systems that provide alternative water supply. Collier County is located within the South Florida Water Management District's Water Resource Caution Area and Big Cypress Basin. In the event that total funding is not possible, partial funding is requested. Data Review and Permitting 20,000 Well Drilling and Testing 220,000 Laboratory Testing 10,000 professional Exploratory Well Con~.. truction Supe~,ision 60,000 Well Completi0~ Report and Conceptual Design ,. 20,000 2.0 Financial commitment The Collier County Water-Sewer District (CCWSD) has budgeted funds to support a portion of the costs for the project in the FY 2004 Capital Improvement Projects (CIP) budget. A copy of the financial commitment from the CCWSD is provided on the following page. Sufficient funds are aVailable from the CCWSD to support the project ff the District does not · approve the requested funding. The County does reserve the right to reduce the project's scope and modify the project schedule if full funding is not approved. 3.0 Basis of Development and Construction Costs The development and construction cost estimates were prepared by Camp Dresser & McKee, Inc., and are based on the construction, wells, and piping costs of similar facilities in southwest Florida. Agenda Item No. 16C10 April 27th, 2004 Page 13 of 14 WBS # ~ Ltl Fund # 411 700401 ClTYICOUNTY WATER IN 160,800 411 700521 MANATEE STATION PUMP 121,107 411 700541 SCRWTP-SMGD REV OSMS 7,301,412 411 700701 WATER MASTER PLAN UP 46,619 411 700702 2003 Water Master Pi 114,665 411 700751 North Well Field Imp . 634,000 411 700931 IMMOK RD E WTM PHASE 6,548,134 411 700971 SCRWTP 12 MGD RO Exp 25,900,000 411 701501 VBR Parallel 24' WM 4.487,502 411 701511 951 36'WM Davis to 4,914,000 411 701521 951 24' WM - RSH to 3,233,504 411 701531 US41 16"WM 951 to M 1,016,000 411 701541 NE Regional WTP - Ac 1,044,059 411 701551 SE Regional WTP - Ac 2,716,580 411 701571 Manatee Rd Potable W 4,996,045 411 701751 10 Yr Water Supply F 62,834 411 703002 Immokalee Rd WM - US 3.271,100 411 704111 Refund of Impact Fee 200,650 411 708591 N WATER TREATMENT PL 979 411 708621 16' WATER MAIN US-41 7,850 411 708881 LIVINGSTON RD WM TO 152,709 411 708911 LIVINGSTON RD WM-VBR 49~,900 411 708921 SCRWTP Expansion-Eas 20,132,903 411 708951 Carica Water Booster 250,000 411 7..~_961 · ~snake Hammock ~ 4,272,000 411 708981 2003 Water Master PI 100,000 411 708991 NERWTP Wellfield Stu 2,000,000 411 709001 SERWTP Wellfield stu 2,400,000 411 709011 Acquisition Strategy 40,000 411 709021 NE Regional Water Tr 1,000,000 411 725151 Define Pmj Mgt Obje 12,000 411 Total 98,056,852 Agenda Item No..16C10 April 27th, 2004 Page 14 of 14 Executive Summary Recommendation that the Board of County Commissioners approve the after-the-fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Reclaimed Water ASR Project 74030 OBJECTIVE: To receive after-the-fact approval from the Board of County Commissioners to submit an Altemative Water Supply grant application to the SFWMD to fund the Reclaimed Water ASR Project 74030. CONSIDERATIONS: On March 31, 2004, a grant application was signed by the County Manager and submitted to SFWMD. This application had an April 1, 2004 deadline for submission, and time did not allow a completed grant application to go to the Board for approval prior to the April 1 deadline. This project is for the construction of one pilot ASR well and two monitoring wells to provide seasonal storage of reclaimed water in the wet season and recovery during the dry season when demand is greatest. This project is. located in the Peliqan Bay Well~eld,._which_is__eas_t~f~Livingston Road and north of Immokalee Road. This project was brought to the Board on December 14, 1999, Agenda Item 16(B)13 for approval of Amendment 1 for additional funds to extend the depth of the exploratory bore. The Board approved Amendment 2 to the agreement for additional engineering services related to relocation of the project site in February 2001. This amendment was concurrent with the February 27, 2001 agreement between the City of Naples and Collier County, in which the proposed location of the ASR well was changed from the North County Water Reclamation Facility to the Pelican Bay Wellfield. Amendment 3 was approved by the Board on April 24, 2003, Agenda Item 16(C)5 and provided additional engineering services to design and permit the ASR well. Public Utilities Engineering submitted the application requesting $832,500, which is one-half of the construction cost of the project. The total construction cost of this project is $1,665,000; thereby the local match is equal to the grant-funding request. Grants for this program in the past have ranged from $100,000 to $300,000 per project. Should the full grant request not be awarded, it will not affect the completion of the project. The purpose of this grant is to encourage the development of alternative sources of water to replace potable fresh water. Only construction projects which will be completed within a three-year period from time of the grant being executed and for which permits have been submitted, are eligible for this grant. Grant applications will be reviewed and will be awarded in September 2004. Grant funds are payable upon completion of the construction of this project, which must be within three years. Upon receipt of these funds, staff will present the agreement to Board for approval. FISCAL IMPACT: The total construction cost of this project is $1,665,000, with $832,500 requested for the grant and a local match of $832,500. Funds for this project are included in the FY 04 budget approved by the Board on 9/18/03. This project is consistent with the 2002 Master Plan approved by the Board on 2/25/03, Agenda Item 10(A). The funds for this project are currently appropriated in the Wastewater Capital Project Budget, Project 74030. The source of the funds is Wastewater User Fees, Fund 414. GROWTH MANAGEMENT IMPACT: The Reclaimed Water ASR project will benefit the County and is consistent with and furthers the Goals, Objectives, and Policies of the Collier County Growth Management Plan. Agenda Item No. 16Cll April 27th, 2004 Page 1 of 19 RECOMMENDATION: That the Board of County Commissioners, as Ex-officio of the Governing Board of the Collier County Water-Sewer District, approve the after-the-fact submittal of an Alternative Water Supply grant application to the South Florida Water Management District to fund the Reclaimed Water ASR project. Agenda Item No. 16Cll April 27th, 2004 Page 2 of 19 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16Cll Recommendation that the Board of County Commissioners approve the after- the-fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Reclaimed Water ASR Project 74030 4/27/2004 9:00:00 AM Prepared By Artie Bay Public Utilities Senior Administrative Assistant Public Utilities Engineering Approved By William D. Mullin, PE Public Utilities Principal Project Manager Public Utilities Engineering Date 4~'12/2004 10:33 AM Approved By Joseph B. Cheatham Public Utilities Wastewater Director WasteWater Treatment Date 4/12/2004 5:27 PM Approved By Marlene J. Foord Administrative Services Grants Coordinator Administrative Services Admin. Date 4/12/2004 12:41 PM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 4/12/2004 12:42 PM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 4/13/2004 9:22 AM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 4/14/2004 5:59 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4/16/2004 6:51 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/1912004 2:22 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4119/2004 2:47 PM Agenda Item No. 16C11 April 27th, 2004 Page 3 of 19 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples. Florida 34112 * 239-774-8383 · FAX 239-77.1-4010 Apdl 1, 2004. South Flodda Water Management District Procurement Division, B-1 Building, 2''~ Floor 3301 Gun Club Road West Palm Beach, FL 33406 ~J' Attention: Alternative Water Supply Funding Program Application FY 2005 R E: Collier County Reclaimed Water Aquifer Storage and Recovery Project Dear Chairperson and Board Members: ~ Collier County respectfully submits the enclosed proposal for funding the construction of one pilot reclaimed water ASR well, two monitoring wells, attendant piping and wellhead equipment. This proposal presents a ..~ plan for construction of the project. Proiect Summary: The proposed project is to construct 1 pilot ASR well and 2 deep monitor wells for injecting and storing reclaimed water in the wet season and making it 'available in the dry season to County reuse customers. The project will create a facility for the storage and recovery of more than 140 million gallons of treated wastewater. It is anticipated that upon completion, the proposed well would accept injectate and recover water at a rate of 1.0 tol.5 million gallons per day (MGD). Injection would oCCur over a 90 to 120-day pealed dudng the wet season,' or whenever excess wastewater was available. Recovery would take ptace on an as-needed basis to increase dry season reclaimed water flows to County reuse customers. 1.~ The Need for the Proiect: Collier County is located within the SOuth Florida Water Management District's Water Resource Caution area and Big Cypress Basin. The County has experienced and is anticipated to have potable water supply problems during the next 20 years. This project will ensure that the available fresh groundwater is not depleted by offedng an alternative source for irrigation. Collier County has identified a need for 140 million gallons of treated wastewater storage to expand and maximize the effectiveness of the County's existing wastewater reuse program. This need stems from pedods of significant rain, which cause Iow demand for reclaimed water, as well as periods of drought when irrigation demand requires withdrawals from surface or groundwater systems. The result is a loss of valuable freshwater and potable drinking water resources. The 'ASR option for Water storage is more economical than conventional storage as well. Agenda Item No. 16Cll April 27th, 2004 Page 4 of 19 Page 2 Tarpet AudienCe. The Reclaimed Water ASR Project will help to benefit the people living within Collier County by helping to provide an adequate reuse water supply to meet irrigation needs, and thereby offset the use of potable supplies for irrigation purposes. Primary Strate!q, ies for Implementation: Collier County will utilize a comprehensive monitoring database of hydrogeological testing, and water quality data from the LoWer-Hawthorne Zone in order to identify and select an optimum storage interval. In addition the County will work closely with the staff of the Florida Department of Environmental Protection (FDEP) and South Flodda Water Management District (SFWMD) to design and construct a system that is efficient, effective and consumer friendly. The pilot ASR well will be completed with a 12-inch diameter casing to approximately 800 feet below land surface and an open hole extending to approximately 860 feet. One single-zone monitor well will be completed in the first permeable zone above the ASR storage zone using 6.625 inch O.D., 0.562 inch wall steel casing. The anticipated base of casing for this casing is 635 feet below land surface. The second monitodngwell is completed within the same depths as the ASR well using 6.625 inch O.D., 0.562 inch wall steel casing. Final depths will be determined from subsurface data obtained during well construction. Implementation will include 1) obtaining test/construction permits, 2) site preparation and drilling pad construction, 3) pilot ASR well construction and testing, 4) ASR monitor well construction, and 5) pump purchase and installation. Evaluation of the Short and Lor~l Term Benefits of the Pr°iect: Initially, the ASR pilot well will provide relief for the wastewater treatment plant as excess reclaimed water will be injected into the ASR storage interval. This will minimize the amount of treated wastewater disposed of using percolation ponds and deep well injection. Over the long term, the ASR well 'will make it possible for Collier County to meet future irrigation water demands; effectively manage existing water resources, reduce aquifer stress during the dry season, and reduce or delay the need for future wellfield expansion. Proposed Proiect Management Plan Project management is essential to meeting the goals of the ASR program and completing the project Within budgetary and scheduling constraints. Ms. Alicia Abbott will serve as Project Manager representing Collier County. After an agreement is executed between the District and the County, a project kick-off meeting can be conducted, to allow the County to update the Distdct with regard to program planning. The meeting will allow the County to establish a list and schedule of project deliverables to be submitted to the District. The project will be subdivided into a sedes of work tasks to assist in the overall management of the project. Progress reports will be prepared for the project team that will descdbe the status of work for each task. The statUs reports will include a description of each task, work completed for each task, activities for the next reporting period, a description of problems and how they were resolved, status of the schedule and budget, and any proposed changes to the schedule and/or budget. The project management plan includes preconstruction activities, preliminary construction activities, sequence of drilling and testing of pilot ASR test/monitor wells, sequence of injection/recovery well, construction sequence ot~ surface facilities, and final constructior'/~i~dl~ql~'~t~.004 Page 5 of 19 age 3 The ASR pilot project will result in site-specific hydrogeologic and water quality data to identify and select an :~ptimum storage interval. ~iscreet interval hydraulic testing will be conducted dudng drilling of the deep test/monitor well to determine Ih, e transmissivity of the storage zone and the confining characteristics of the zones above and below the torage zone. Final completion depths for the ASR well will be determined following review and ~nterpretation of data collected during construction of the monitor well pilot ho~e. The deep test/monitor well ¢¢ilt subsequently be used as an observation well for an aquifer performance test and a monitor well for the ltorage interval during operational testing of the ASR well. Collier County Authorized Representatives: The following people are authorized to make representations ~egarding this project on behalf of Collier County: Name: Title: Agency: Address: Phone: Fa×: James V. Mudd County Manager Collier County 3301 East Tamiami Tdal, W. Harmon Turner Building, 2°6 Floor 239-774-8383 239-774-4010 Name: Title: Agency: Address: Phone: Fax: James W. DeLony, P.E. Public Utilities Administrator Collier County 3301 East Tamiami Trial, Bldg. 'H', 3"~ Floor 239-732-2540 239-732-2526 Name: Title: Agency: Address: Phone: Fax: Alicia Abbott Project Manager Collier County 3301 East Tamiami Trial, Bldg. 'H', 3''~ Floor 239-530-5344 239-732-2526 ~s an authorized representative of Collier County, I declare that the application was prepared ~ithout any collusion with any other person or entity submitting an application pursuant to the funding Program. ;oilier County ~ooks forward to working with the District to construct the Reclaimed Water Aquifer StOrage nd Recovery wells. ,ncerely, I · '" .... ,-" ~mes. V. Mudd punty Manager Agenda ItemNo. 16Cl 1 April 27th, 2004 Page 6 of 19 APPLICATION 2004-2005 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ALTERNATIVE WATER SUPPLY FUNDING PROGRAM APPLICATION FORM Application No: AWS - 05 (District to provide) The undersigned Applicant has read all of the terms and conditions of the Alternative Water Supply Funding Program Guidelines and Application, and certifies that all of the information contained within this application and subsequent Attachments is true and correct to the best of its knowledge. Applicant's Legal Name: Collier County Water-Sewer Di~rict (State Div./Dept. if applicable) Project Title: Reclaimed Woter Aquifer 5toroge ond Recovery Description: Construction of one pilot ASR well and two monitoring wells to provide seasonal storage of recraimed wafer in the wet sex, son and recovery during the dry seOSon when demand is ~reotest Type of Organization: County GOvernment Applicant's Address: 3301 Tamiami Trail E. Bldg. H, 3~ Floor hi. pies, Florida 34112 Funding Amount Requested: $83z.5oo County in which Project will be Built: Collier County Date of Incorporation: State of Incorporation: Federal ID No.: 21-07-019995-53C H~ your organization ever received funding under the Alternative Water Supply Program? Yes' [] No [] Year last received: FY 2004 Amount of Funding Received: $100,000 Is the Project(s) Still Ongoing? Yes [] Nol-'} District's Contract Number(s): DG-040634 . Expected Completion Date(s): ~March 31, 2007 Current Status of the Project(s):mConstruction specifications prepared pending release for bid Authorized Person's Name: James V. Mudd, P.E. ~ust be signed by enti~ / Title: County Manager Telephone Area Code/Number: (239) 774-8383 Fax Number: (239) 774-4010 Agenda Item No. 16Cll April 27th, 2004 Page 7 of 19 STATEMENT OF WORK (ATTACHMENT A) Collier County Reclaimed Water Aquifer Storage and Recovery Project 1.0 INTRODUCTION Aquifer Storage and Recovery (ASR) is a method of increasing the availnble water supply by storing excess water in underground aquifers, and recovering it when needed to satisfy peak demands. Collier County has identified the need for 140 million gallons of reclaimed water storage in order to expand and maximize the effectiveness of the County's existing reuse program. ASR provides the most cost-effective means to achieve these storage objectives for reclaimed water. Even with the extensive reuse program that Collier County has, during rainy periods when irrigation demand is low, excess reclaimed water must be disposed of using percolation ponds and deep injection wells. However, with adequate seasonal storage, reclaimed water can be used much more effectively; reducing irrigation withdrawals from surface or groundwater' systems during critical dry season periods and reducing ]oss of valuable freshwater resources. For these reasons, the use of ASR for storage of reclaimed water is consistent with the goals and objectives of the South Florida Water Management District. Collier County has already committed funding and support to ASR technology. The proposed reuse ASR project would utilize reclaimed water from the North County Water Reclamation Facility (NCWRF). The Cotmty has already selected a site for the project and submitted the application for the FDEP permit. Initial exploration wells have also been drilled. 2.0 SCOPE The scope of the project is to construct one pilot ASR well and two deep monitor wells. The project will create a facility for the storage and recovery of more than 140 million gallons of reclaimed water. It is anticipated that upon completion, the proposed well would accept injectate and recover water at a rate of 1.0 to 1.5 million gallons per day (MGD). Ir~jection would occur over a 90 to 120-day period during the wet season, or whenever excess wastewater Agenda Item No. 16C11 Page 1 of 9 April 27th, 2004 Page 8 of 19 was available. Recovery would take place on an as-needed basis to increase dry season reclaimed water flows to County reuse customers. The scope of work is detailed in the Work Breakdown Structure (Section 4.0) Plans and contract specifications will be submitted to the County for review and test/construction permits will be obtained prior to start of construction. The principal goals of the project are to: Increase availability of reclaimed water, Decrease the loss of reclaimed water using traditional disposal methods, and · Reduce dependence on freshwater aquifers to meet dry season demands. 3.0 PROJECT JUSTIFICATION This project is justified because of the opportunity to conserve significant quantities of fresh water and to reduce the amount of reclaimed water being lost through conventional disposal methods. During the wet season or other rainy periods, reclaimed water frequently goes unused. With adequate storage available, th.Ls excess water would be available for beneficial use during the dry season. The storage of wet season reclaimed water for use during the dry season will also relieve demands on potable aquifers during the dry season. The capital cost of ASR versus the cost of conventional water storage is more economic than conventional storage~ Other cost/benefit opportunities will be seen when the ASR program is complete and the dry season irrigational demands are supplied with stored ASR wells, thus reducing potabIe water demands. 3.1. Potential for Significant and Lasting Benefits Implementation of an ASR facility has significant and lasting benefits for Collier County by providing the following: · A means to meet future irrigaQon water storage and demand Effective management of existing water resources including the ability to: Maintain wellfield safe yield - Enhance wet season production Page 2 of 9 Agenda Item No. 16Cll April 27th, 2004 Page 9 of 19 - Reduce aquifer stress during the dry season Reduction or delay of the need for furore well field expansion 4.0 WORK BREAKDOWN STRUCTURE 4.1. Description of Project Elements The pilot ASR well will be completed with a 12-inch diameter casing to approximately 800 feet below land surface (bls) and an open hole extending to approximately 860 feet. One single-zone monitor well will be completed in the first permeable zone above the ASR storage zone using 6.625-inch O.D., 0.562-inch wall steel casing. The other well will be completed to the same depth as the ASR well using &inch O.D., 0.562-inch wall steel casing. Final depths w/i/be determined from subsurface data obtained during well construction. The project will be comprised of the following construction elements: 2. 3. 4. 5. Competitive bidding and contract documents Site preparation and drilling pad construction Pilot ASR well construction and testing ASR monitor well construct/on Pump purchase and installation Tasks required to complete the pilot ASR project are described below. Task 1 - Prec°nStruct:ion Activities · Review plans and specifications for pilot ASR well and monitor wells Bid Contract, Select Contractor, Award Contract, Notice to Proceed · Acquire utility easements · Obtain required construction permits Work Products: Contract Documents for pilot ASR well and monitor well, construction permits. Deliverable: Approved Plans and Specifications, Contract Doctrments, Recorded Easements, Construction permits. Agenda Item No. 16Cll April 27th, 2004 Page 3 of 9 Page 10 of 19 Task 2 - Preliminary Construction Activities Review and evaluate contractor submittals · Clear site and conduct surveying · Mobilize drilling equipment · Install temporary utility services · Construct drilling pad and install water table monitor wells Work Products: Contractor submittals, subcontractor's list, horizontal and vertical certificates. Deliverable: Completed materials/equipment lists. equipment hst, material and supplier's list, control, daily log (applicable to all tasks), mill Task 3 - Proposed Sequence of Drilling and Testing of Pilot ASR Test/Monitor Wells LOWER-HAWTHORN ZONE H MONITORING WELL (LHZ2MW) '1 5. I 7. i I 8. Mobilize and prepare site A minimum 16-inch O.D., 0.375-inch wall pit casing will be set at a depth to be determined by the Contractor subject to review by the Engineer. Drill a 12.25-inch diameter hole using the mud rotary method from base of the surface casing to a point approximately 730 feet bls. Conduct required geophysical logging. As an alternative, the Contractor may elect to run a cement basket or other similar device on the steel pipe. The tremmie method would than be used to pump all stages of cement and back plugging would not be required. Install approximately 635 feet of 6.625-inch O.D., 0.562-inch wall steel casing with centralizers. Pressure grout the annulus with neat cement to a minimum of 100 feet above the bottom of the casing. Conduct required temperature log. Grout the remaining annulus in stages to the surface with cement grout containing 4% bentonite by the tremie method. Agenda Item No. 16Cll April 27th, 2004 Page-4 of 9 Page 11 of 19 10. 11. 12. 13. Clean out open hole from the base of the production casing to 730 feet. This work should not begin for at least 24 hours after the last cement stage is performed. Develop well until turbidity is less than 1 NTU or until Engineer indicates water quality is acceptable. Collect clean water samples for primary and secondary drinking water standards analysis and minimum criteria for sewage effluent. Complete wellhead. Once the ASR and monitor wells are installed, a well step test only will be performed to evaluate the well and aquifer response. This test shall be performed after any required acid treatment. Work Products: Lithologic samples, water samples, geophysical logs, video survey, geologist log, water quality analyses results, packer test data and interpretation results, instrument cal~ration data, cementing operations plan and records, casing installation tabulation, description/record drawings, well completion report, and drilling disposal plan and approval. Deliverable: installed and Tested ASR Monitor Well. Task 4 - Proposed Sequence of Drilling and Testing of Pilot ASR Injection/Recovery Well ASR Well o 5. 6. 7. Mob~li~.e and prepare site A minimum 38-inch I.D., 0.375-inch wall pit casing will be set at a depth to be determined by the Contractor. Drill a nominal 12-inch diameter borehole to approximately 325 feet below land surface (bls) using the mud rotary method. Conduct required geoPhysical logging. Ream hole to nominal 34 inches. Clean hole and perform caliper survey. Install approximately 320 feet of 28-inch O.D., 0.375-inch wall steel surface casing. Circulate mud until the return mud properties approach the properties of the injected mud. Pressure grout surface casing with neat cement. Temperature logs will need to be Agenda Item No. 16Cll April 27th, 2004 Page 5 of 9 Page 12 of 19 o 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 2I. 22. performed after each stage to help locate the top of cement. Temperature logs should be run 6-8 hours after a cement stage. Clean casing of drillLqg mud. Drill a 12-inch diameter pilot hole using the reverse-air method from base of the surface casing to a point approximately 880 feet bls. Collect dean water samples at every rod change during reverse air drilling of the pilot hole and during the drilling of additional open hole if required. Also monitor flow rates and monitor water levels as required. Conduct required geophysical logging, specified flow tests and video survey. Ream pilot hole to 22 inches by the reverse air method to the casing setting depth as specified by the 'engineer (approximately 800 ft). Conduct required geophysical logging. Develop Well until discharge water is clear. Backfill the well w~ith the drill cuttings to a point 20 to 30 feet below the casing set point. Once the cuttings level (gravel level) is reached at approximately 20 feet below the casing set point, backfill the hole with 20/40 or similar mesh sand to a point approximately 5 feet below the base of the casing setting point. A small plug of cement should be set on top of the sand. Install approximately 795 feet of 16-inch I.D. to 12-inch I.D. tapered fiberglass casing with centralizers. Pressure grout the annulus with neat cement to a minimum of 100 feet above the bottom of the casing. The maximum surface pressure during this opera~on should not exceed 50% of the burst pressure of the 16-inch casing. Conduct required temperature log. Grout the remaining annulus in stages to the surface with cement grout containing 4% bentonite by the tremie method. Clean out open hole from the base of the production casing to approximately 860 feet bls using the reverse air technique and an 11-inch bit. Develop well, conduct video survey and conduct testing. Help Engineer collect clean water samples for primary and secondary drinking water standards analysis. Conduct optional acid treatment of well if requested by Project Engineer. Complete wellhead. Page 6 of 9 Agenda Item N°. 16C11 April 27th, 2004 Page 13 of 19 Once the ASR and monitor wells are installed, a well performance test will be performed to evaluate overall regional response. 24. Perform bacterial clearance in the ASR well after final testing on the well is complete. Work Products: Lithologic samples, geophysical logs, video survey, laboratory analyses, instrument calibrdtion data, cementing operations plan and records, casing installation tabulation, development and test records, inclination survey test results, final well description/record drawings, records required by law, well completion report, grout card and drilling water disposal plan and approval. ' Deliverable: Installed and Tested Pilot ASR Well. Well Completion Report with all data. Task 5 - Proposed Construction Sequence of Surface Facilities · Install pump in ASR well Install appropriate surface treatment equipment (filters, disinfection system, etc.) · Demobilization (restoration and cleanup) Work Products: Vertical and horizontal control, materials tabulation.records, testing records, startup logs, and certifications. Deliverable: Completed Surface Facilities. Task 6 - Final Construction Documents · Prepare shop drawings and equipment information · Prepare operations and maintenance manuals · Conduct training on equipment operations and maintenance · Certify preparation of operation and maintenance manuals Work Products: Shop drawings, record drawings, one copy of Operation & Maintenance Manuals. Deliverable: Final Construction Documents. Page 7 of 9 Agenda Item No. 16Cll April'27th, 2004 Page 14 of 19 4.2. Design Description The design includes the following: One 12-inch diameter injection well cased to.approximately 800 feet below land surface, and an open hole injection/recovery zone from approximately 800 to approximately 860 feet. · Two &inch monitor wells cased to approximately 635 and 800 feet below land surface respectfully, and an open hole monitor zones from approximately 635 to 730 and 800 to 840 feet, respectively. The ASR pilot project is designed to obtain site-specific hydrogeologic and water quality data in order to identify and select an optimtun storage interval. Discreet interval hydraulic testing will be conducted during drilling of the deep test/monitor well. The primary objectives will be to determine the transmissivities of the storage zone and the confining characteristics of the zones above and below the storage zone. Final completion depths for the ASR well will be determined following review and interpretation of data collected during construction of the monitor well pilot hole. The deep test/monitor well will subsequentlY be used as an observation well for an aquifer performance test and a monitor well for the storage interval during operational testing of the ASR well. 5.0 Project Cost This phase of the ASR project is estimated at $2,165,000. The construction cost associated with the project is $1,665,000. The individual cost estimates for the various tasks described above a.re as follows: Task Description 'Costs 1. PreconstrucQon Ac~vities $410,000 2. Preliminary Construction and Site Work $210,000 3. Pipeline Construction $450,000 4. Pretreatment Facilities $440,000 5. Electrical Prec~nstruction Activities $90,000 Page 8 of 9 Agenda Item No. 16Cll April 27th, 2004 Page 15 of 19 6. ASR Well and Pump $380,000 7. Monitoring Wells $160,000 8. Final Construction Docttments $25,000 Total Estimated Design and 'Construction Cost $2,165,000 6.0 Location of the Project The project is located north of the Pelican Bay Wellfield, off Livingston Road in Collier County. A project location map is provided in Figure 1. The injection well and monitor wells will be installed on easements obtained by the County. 7.0 Deliverable Schedule The project is estimated to be completed in 12 months. Preconstruction activities will commence in Jm'~e 2004 with all construction completed by June 2005. Page 9 of 9 Agenda Item No. 16C11 April 27th, 2004 Page 16 of 19 FIGURE 1. Location of Sites of Monitor Wells for the Collier County ASR Pilot Project April 27th, 2004 Page 17 of 19 FUNDING PROPOSAL REQUEST FOR FT3'NDING The Collier County Reclaimed Water Aquifer Storage and Recovery project construction cost is estimated to be $1,665,000. The amount requested from the SFWMD is $832,500, half of the estimated construction cost. The request for support shall be applied only for the payment of capital or in/rastmcture costs for the construction of alternative water supply systems that provide alternative water supply. 2.0 FINANCIAL COMMITMENT Coil/er County has budgeted funds for 100% of the projed costs. A copy of the Financial commitment/rom Collier County is induded. 3.0 BASIS OF CONSTRUCTION COSTS Estimated construction costs have been prepared by Water Resource Solutions, Inc. based on historic unit prices and contractor estimates. A total cost breakdown for the project is provided in the following table. Please note that the costs presented are conservative. Lower prices may be obtained for some items, such as well installation, through com~titive bidding. ProI ect cost estimates for the Reclaimed Water ASR project Task Description Costs 1. Preconsh-uction Activities $410,000 2. Preliminary Construction and Site Work $210,000 3. Pipeline Construction $450,000 4. Pretreatment Facilities $440,000 5. Electrical PreconStruction Activities. $ 90,000. 6. ASR Well and Pump $380,000 7. Monitoring Wells $160,000 8. FinalConstrudion Documents $ 25,000 Total Estimated Design and Construction Cost $2,165,000 Agenda Item No. 16Cli Apdl 27th, 2004 Page 18 of 19 Agenda Item No. 16C11 April 27th, 2004 Page 19 of 19 Executive Summary Recommendation that the Board of County Commissioners approve the after-the-fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Goodlette Frank Road Forcemain and Reclaimed Water Main, Project 74077 OBJECTIVE: To receive after-the-fact approval from the Board of County Commissioners to submit an Alternative Water Supply grant application to the SFWMD to fund the Goodlette Frank Road Forcemain and Reclaimed Water Main, Project 74077. CONSIDERATIONS: On March 31, 2004, a grant application was signed by the County Manager and submitted to SFWMD. This application had an April 1, 2004 deadline for submission, and time did not allow a completed application to go to the Board for approval prior to the April 1 deadline. This project is for the construction of a new reclaimed water main that will enable the distribution of reclaimed water from the North County Water Reclamation Facility to County residents in the North service area. The Reclaimed Water Main is to be conslructed along Goodlette Frank Road from North County Water Reclamation Facility (NCWRF) to the intersection of Goodlette Frank Road and Vanderbilt Road. The force main is to be constructed from NCWRF to the intersection of Vanderbilt Beach Road and Goodlette Frank Road and continuing on Vanderbilt Beach Road from the intersection of Vanderbilt Beach Road and Goodlette Frank Road to Airport Pulling Road. Public Utilities Engineering submitted the application requesting $883,618, which is one-half of the construction cost of the project. The total construction cost of this project is $1,767,236; thereby the local match is equal to the grant-funding request. Grants for this program in the past have ranged from $100,000 to $300,000 per project. Should the full grant request not be awarded, it will not affect the completion of the project. The purpose of this grant is to encourage the development of alternative sources of water to replace potable fresh water. Only construction projects which will be completed within a three-year period from time of the grant being executed and for which permits have been submitted, are eligible for this grant. Grant applications will be reviewed and will be awarded in September 2004. Grant funds are payable upon completion of the construction of this project, which must be within three years. Upon receipt of these funds, staff will present the agreement to Board for approval. FISC~i,L IMPACT: The total construction cost of this project is $1,767,236, with $883,618 requested for the grant and a local match of $883,618. Funds for this project are included in the FY 04 budget approved by the Board on 9/18/03. This project is consistent with the 2002 Master Plan approved by the Board on 2/25/03, Agenda Item 10(A). The funds for this project are currently appropriated in the Wastewater Capital Project Budget, Project 74077. The source of the funds is Wastewater Impact Fees, Fund 413. GROWTH MANAGEMENT IMPACT: The Goodlette Frank Road Forcemain and Reclaimed Water Main project will benefit the County and is consistent with and furthers the Goals, Objectives, and Policies of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, as Ex-officio of the Governing Board of the Collier County Water-Sewer District, approve the after-the-fact submittal of an Alternative Water Supply grant application to the South Florida Water Management District to fund the Goodlette Frank Road Forcemain and Reclaimed Water Main project. Agenda Item No. 16C12 April 27th, 2004 Page 1 of 13 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C12 Recommendation that the Board of County Commissioners approve the after- the-fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Goodlette Frank Road Forcemain and Reclaimed Water Main, Project 74077 4/27/2004 9:00:00 AM Prepared By Artie Bay Public Utilities Senior Administrative Assistant Public Utilities Engineering Approved By William D. Mullin, PE Public Utilities PHncipal Project Manager Public Utilities Engineering Date 4/12/2004 8:59 AM Approved By Marlene J. Poord Administrative Services Grants Coordinator Administrative Services Admin. Date 4/12J2004 12:43 PM Approved By Joseph B. Cheatham Public Utilities Wastewater Director WasteWater Treatment Date 4/12/2004 5:28 PM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 4/12/2004 12:43 PM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 4/13/2004 9:23 AM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 4/14/2004 6:00 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4/1612004 6:55 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Data 411912004 4:04 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/1912004 4:16 PM Agenda Item No. 16C12 April 27th, 2004 Page 2 of 13 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tarniami Trail · Naples. Florida34112 · 239-774-8383 · FAX 239-774-4010 April 1,2004 South Florida Water Management District ProcUrement Division, B-1 Building, 2"~ Floor 3301 Gun Club Road West Palm Beach, FL 33406 Attention: Subject: Alternative Water Supply Funding Program Application FY 2005 Goodlette Frank Road Forcemain and Reclaimed Water Main Project Dear Chairperson and Board Members: Collier County respectfully submits the enclosed proposal for funding of construction of a reclaimed water main along Goodlette Frank Road extending south from the North County Water Reclamation Facility to Vanderbilt Beach Road. The completed project will consist of approximately 6,000 linear feet of 20-inch reclaimed water main and will allow the County to distribute reclaimed water to customers pdmadly in the North service area of the County. The Need for the Proie~: Collier County is located within the South Flodda Water Management District's Water Resource Caution Area and the Big Cypress Basin. The County has experienced, and is anticipated to have potable water supply problems dudng the next 20 years. This reclaimed water main will improve Collier County's water system reliability and capacity by allowing potable water supply offset with highly treated reclaimed water for irrigation. Ta~et Audience;. The project will provide benefit to the citizens of Collier County through the additional reclaimed water flow capacity the project will provide to and from the north and south reclaimed water systems interconnect. Primary StrateRies for Implementation: The Goodlette Frank Road forcemain and reclaimed water main project will build approximately 6,000 linear feet of 20-inch reclaimed water main along Goodlette Frank Road extending south from the North County Water Reclamation Facility (NCWRF) to Vanderbilt Beach Road to supplement an existing 20-inch reclaimed water main. A hydraulic evaluation study of the existing transmission system has been completed by a consulting engineering firm and this study provided recommendations to improve the responses of the existing transmission system to planned future expansions. The County hired a consulting engineering firm to provide design services for the Goodlette Frank Road forcemain and reclaimed water main project and the design tasks have already been completed. struction lans are completed and the project is currently under publi~do The con P ' ' s it[a~ ,~ ~ne .... : ..... '- ...... nsible and resnonsive contractor w~th lowest bids to con ti~l~ plans to aumor~-~ t,,~ ,~,,~ ~' .... - construction is exq3ected to beain in June and it is exnected to take 940 days to complete, r'ay~ o u, · ,-, Page 2 A more detailed description of these tasks is included in the attached "Statement of Work." Evaluation of the Short and Lon.q Term Benefits of the Prelect: The use of treated wastewater effluent for irrigation and other reuse purposes lends to an environmentally sound disposal method. It also conserves potable water supplies previously used for irrigation purposes. This project allows for greater capacity and availability of reclaimed water for these reuse purposes'for the County's North and South service areas, as well as a means to ensure an environmentally sound disposal method for the North County Regional Water Reclamation Facility effluent. In the long term, the potable water offset provided by this project will allow Collier County to meet increasing potable water demands of Collier County in the future. Proposed Proiect Mana.qement Plan: Project management is essential to meeting the goals of the project and completing the project within budgetary and scheduling constraints. Ms. Sandy Sddhar will serve as Project Manager representing Collier County. After an agreement is executed between the District and the County, a project kick-off meeting can be conducted, to allow the County to update the District with regard to program planning. The meeting will allow the County to establish a list and schedule of project deliverables to be submitted to the District. The project will 'be subdivided into a series of work tasks to assist in the overall management of the project. Progress reports will be prepared for the project team that will describe the status of work for each task. The status reports will include a description of each task, work completed for each task, activities for the next repoding period, a description of problems and how they were resolved, status of the schedule and budget, and any proposed changes to the schedule and/or budget. Collier County Authorized Representatives: The following people are authorized to make representations regarding this project on behalf of Collier County: NAME: TITLE: AGENCY: ADDRESS: PHONE: FAX: James V. Mudd, P.E. County Manager Collier County 3301 East Tamiami Trail, Bldg. 'H,' 3~ Floor Naples, Florida 34112 (239) 774-8383 (239) 774-4010 NAME: TITLE: AGENCY: ADDRESS: PHONE: FAX: James W. Delony, P.E. Public Utilities Administrator Collier County 3301 East Tamiami Trail, Bldg. 'H,' 3rd Floor Naples, Florida 34112 (239) 732-2540 (239) 732-2526 Agenda Item No. 16C12 April 27th,' 2004 Page 4 of 13 Page 3 NAME: TITLE: AGENCY: ADDRESS: PHONE: FAX: Sandy Sddhar Project Manager Collier County 3301 East Tamiami Trail, Bldg. 'H,' 3r" Floor Naples, Florida 34112 (239) 53O-5345 (239) 732-2526 As an authorized representative of Collier County, I declare that this application was prepared without collusion with any other person or entity submitting an application pursuant to the Funding Program. Collier County looks forward to working with the Distdct on this mutually beneficial and important project. Very truly yours, County ~lanager Agenda Item No. 16C12 April 27th, 2004 Page 5 of 13 APPLICATION 2004-2005 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ALTERNATIVE WATER SUPPLY FUNDING PROGRAM APPLICATION FORM Application No: AWS - 05 (District to provide) The undersigned Applicant has read all of the terms and conditions of the Alternative Water Supply Funding Program Guidelines and Application, and certifies that all of the information contained within this application and subsequent Attachments is true and correct to the best of its knowledge. Applicant's Legal Name: Collier County Water-Sewer District (State Div.fDept. if applicable) Project Title: Goodlette Frank Road Water Main For'ce·sin and ~eclaimed Applicant's Address: 3301 Tamiami Trail E. Bldg. H, 3~ Floor Naples, Florida 34112 Description: Construction of a new reclaimed water rrtoJn that will enable the distribution of reclaimed water from the North County Water Reclamation Facility to County residents in the North seevice Funding Amount Requested: $883,618 County in which Project witi be Built: Co~lier County Type of Organization: County ~overnment Date of Incorporation: State of Incorporation: Federal ID No.: 21-07-019995-53C Has your organization ever received funding under the Alternative Water Supply Program? Yes [] No [] Year last received: 2003-2004 Amount of Fuading Received: $100,000 Is the Project(s) Still Ongoing? Yes [] No [] District's Contract Number(s): __DG-040634 Expected Completion Date(s): __March 31. 2007 Current Status of the Project(s):_Construction specifications prepared pending release for bid Telephone Area Code/Number: c'?_-no~ 774-8383 Fax Number: (239) 774-4010 Agenoa Item No. 16G12 April 27th, 2004 Page 6 of 13 Statement of Work (Attachment A) Collier County Goodlette Frank Road Forcemain and Reclaimed Water Main Proj ecl 1.0 INTRODU~ION The North County Water Reclamation Facility (NCWRF), located at Goodlette- Frank Road and Immokalee Road, provides wastewater treatment in the North County Service Area. The primary means of effluent disposal from the NCWI~ is returning highly treated reclaimed water to the community for beneficial reuse as irrigation water. The balance is disposed of through a deep injection well. A liquid stream expansion completed irt November 2001, and a corresponding solids stream expansion completed in September 2002, increased the facility's capacity by 6.5-million gallon per day (mgd) to its present capacity of 17.55-mgd. The Phase I expansion to increase the facility's capacity to a total of 24.1-mgd is currently underway with construction on schedule to be in service by fall 2005. The County is planning on expanding the capacity of this facility to 30.6 MGD of treatment and reclaimed water production. Currently, the North County Water Redamati°n Facility (NCWRF) produces and distributes reclaimed water for the irrigation of golf courses, residenQal developments, and parks in the northern section of the County. The existing transmission system has been evaluated to assess its response to various future scenarios. The hydraulic analysis has identified one immediate project and two additional reclaimed water main projects that are necessary to enable transmission of the 24.1 MGD of reclaimed water produced under the Phase I expansion. The immediate project is the 20-inch reclaimed water main Vanderbilt Beach Road project and the two Phase I projects are the Goodlette Frank Road forcemain/reclaimed water main project and the Livingston Road reclaimed water main project. The Goodlette Frank Road forcemain and reclaimed water main project will construct a parallel reclaimed water main along Goodlette Frank Road extending south from the NCWRF to Vanderbilt Beach Road. The completed project will consist of approximately 6,000 linear feet of 20-inch reclaimed water main and will allow the County to distribute reclaimed water to customers primarily in the North service area of the County. Figure .~-I presents the location of the project. This project was included in the County's Master Plan. Agenda Item N°. 16C12 April 27th, 2004 Page 7 of 13 2.O SCOPE The Goodlette Frank Road forcemain and reclaimed water main project will build approximately 6,000 linear feet of 20-inch reclaimed water main along Goodlette Frank Road extending south from the NCWRF to Vanderbilt Beach Road to supplement an existing 20-inch reclaimed water main. A hydraulic evaluation study of the existing transmission system has been completed by a consulting engineering firm and this study provided recommendations to improve the responses of the existing transmission system to planned future expansions. The County hired a consulting engineering firm to provide design.services for the Goodlette Frank Road forcemain and redaimed water main project and the design tasks have already been completed. The construction plans are completed and the project is currently under public bidding process. The County plans to authorize the responsible and responsive contractor with lowest bids to construct the project. The construction is expected to begin in June and it is expected to take 240 days to complete. .I -I 3.0 PROJECT JUSTIFICATION Rapid growth and high dry-season demand for water have stressed the County's sensitive freshwater aquifers. One viable solution to decrease this demand is the use of highly treated wastewater effluent instead of potable water for irrigation purposes. Collier County antidpates that it will experience continued raPid population growth with a concomitant increase in potable water demands. County Planning projections indicate that bY the year 2005, maximum daily demands for water in Collier County will increase by almost 8 MGD, to a total of approximately 39 MGD. Reclaimed water availability will increase to approximately 40 MGD in 2005 due to the NCWRF and the South County Water Reclamation Fadlity expansions. This will reduce the burden on the region's limited freshwater supply and protect the wetland system associated with the aquifer. This project will allow for greater reliability and capacity in the reclaimed water distribution system, and therefore, furthers the District's goal of developing alternative water supplies to meet future demands. Agenda Item No. 16C12 April 27th, 2004 Page 8 of i3 4.0 WORK BREAKDOWN STRUCTURE (WBS) There are three main components associated with the evaluation study, engineering design, and construction. description of the components is presented below. project: hydraulic A more detailed Hydraulic Evaluation Study Hazen and Sawyer conducted a hydraulic analysis of the reclaimed water transmission in 2002. The main purpose of this study was to evaluate the responses of the existing transmission system to the planned future expansions of the NcWRF. The study found several projects that needed to be constructed 'in order for the system to respond properly to the planned expansions. The County then included these projects in its Mhster Plan and Capital Improvement Project list and proceeded with the engineering design phase of the project. · Engineering Design Johnson Engineering was hired to provide engineering design services for this project. This task has been completed and the construction plans have been prepared. The project is currently under public bidding process and will soon proceed to the COnstruction phase. · ConstruCtion The County plans to select a responsible and responsive contractor with lowest bids to begin the construction phase of the project. A selected engineering 'consulting firm will provide civil engineering inspection services during the construction phase of this project to ensure that the project is constructed according to intended design. The construction is expected to begin in June and be completed within 240 days. 5.0 LOCATION OF THE PROJECT The project location is presented on the attached Figure A-1. The 20-inch reclaimed water main will extend south from the NCWRF to Vanderbilt Beach Road to supplement the existing 20-inch reclaimed water main. Agenda Item No. 16C12 April 27th, 2004 Page 9 of 13 6.0 SCHEDULE OF DELIVERABLES The evaluation study and design phase of the project have already been completed. The project is currently under bidding process and the construction is expected to begin in June 2004. The design engineering firm estimates the construction to be completed within 240 days from the start date. Agenda Item No. 16C12 April 27th, 2004 .Page 10 of 13 0 2000 Feet Figure A-1 Project LocalJon Map Goodlette Frank Road FM and RWM Collier County Agenda Item No. 16C12 April 27th, 2004 Page 11 of 13 FUNDING PROPOSAL .Collier County Goodlette Frank Road Forcemain and Reclaimed Water Main Project 1.0 Request for Funding The total funding requested for this project is $883,618, whichis 50 percent of the total construction cost associated with the reclaimed water main. The request/'or support shall be applied only for the payment of capital or infrastmctur~ costs for the construction of alternate water supply systems that provide alternative water supplies for uses within one or more resource caution areas. If total funding is not possible, partial funding is requested. 2.0 Financial Commitment The Collier County Water-Sewer District (CCWSD) has budgeted funds to support a portion of the costs for the project in the FY 2004 Capital Improvement Projects (CIP) budget. A copy of the financial commitment from CCWSD is attached. Sufficient funds for this project are available from the CCWSD to support the project if the District does not approve the requested funding. Collier County does reserve the right to reduce the project's scope and modify the project schedule if full funding is not approved. 3.0 Basis of Development and Construction Costs The construction cost estimate has been developed by Johnson Engineering. A detailed breakdown of the construction costs is attached. Agenda Item No. 16C12 April 27th, 2004 Page 12 of 13 Item No. 16C12 .pril 27th, .2004 Page 13 of 13 Executive Summary Recommendation that the Board of County Commissioners approve the after-the-fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the 20" Reclaimed Water Main at Vanderbilt Beach Road, Project 74034 OBJECTIVE: To receive after-the-fact approval from the Board of County Commissioners to submit an Alternative Water Supply grant application to the SFWMD to fund the 20" Reclaimed Water Main at Vanderbilt Beach Road, Project 74034. CONSIDERATIONS: On March 31, 2004, a grant application was signed by the County Manager and submitted to SFWMD. This application had an April 1, 2004 deadline for submission, and time did not allow a completed application to go to the Board for approval prior to the April 1 deadline. This project is for the construction of a 20" Reclaimed Water Main from Airport Road to Village Walk Circle to complete the looping of the North Reclaimed Water System. Public Utilities Engineering submitted the application requesting $422,707, which is one-half of the construction cost of the project. The total cost of this project is $845,415; thereby the local match is equal to the grant-funding request. Grants for this program in the past have ranged from $100,000 to $300,000 per project. Should the full grant request not be awarded, it will not affect the completion of the project. The purpose of this grant is to encourage the development of alternative sources of water to replace potable fresh water. Only construction projects which will be completed within a three-year period from time of the grant being executed and for which permits have been submitted, are eligible for this grant. Grant applications will be reviewed and will be awarded in September 2004. Grant funds are payable upon completion of the construction of this project, which must be within three years. Upon receipt of these funds, staff will present the agreement to Board for approval. FISCAL IMPACT: The total cost of this project is $845,415, with $422,707 requested for the grant and a local match of $422,708. Funds for this project are included in the FY 04 budget approved by the Board on 9/18/03. This project is consistent with the 2002 Master Plan approved by the Board on 2/25/03, Agenda Item 10(A). The funds for this project are currently appropriated in the Wastewater Capital Project Budget, Project 74034. The source of the funds is Wastewater Impact Fees, Fund 413. GROWTH MANAGEMENT IMPACT: The 20 Inch Reclaimed Water Main at Vanderbilt Beach Road project will benefit the County and is consistent with and furthers the Goals, Objectives, and Policies of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, as Ex-officio of the Governing Board of the Collier County Water-Sewer District, approve the after-the-fact submittal of an Alternative Water Supply grant application to the South Florida Water Management District to fund the 20 Inch Reclaimed Water Main at Vanderbilt Beach Road. Agenda Item No. 16C13 April 27th, 2004 Page I of 11 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C13 Recommendation that the Board of County Commissioners approve the after- the-fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District ($FWMD) for the 20" Reclaimed Water Main at Vanderbilt Beach Road, Project 74034 4/27/2004 9:00:00 AM Prepared By Artie Bay Public Utilities Senior Administrative Assistant Public Utilities Engineering Approved By William D. Mullin, PE Public Utilities Principal Project Manager Public Utilities Engineering Date 4/12/2004 7:58 AM Approved By MaHene J. Foord Administrative Services Grants Coordinator Administrative Services Admin. Date 4/12J2004 12:44 PM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 4/12/2004 12:44 PM Approved By Joseph lB. Cheatham Public Utilities Wastewater Director WasteWater Treatment Date 4112/2004 5:29 PM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 4/1312004 9:23 AM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 4/1412004 6:00 PM Approved By Susan Usher County Manager's Office Senior ManagemenfJBudget Analyst Office of Management & Budget Date 4/16/2004 6:58 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/19/2004 3:34 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/1912004 3:54 PM Agendaltem No. 16C13 Apri127th, 2004 Page 2 ofll COLLIER COUNTY MANAGER'S OFFICE 3301East Tamiami Trail · Naples, Florida34112 * 239-774-8383 · FAX239-774-4010 April1,2004' South Florida water Management District Procurement Division, B-1 Building, 2nd Floor 3301 Gun Club Road West Palm Beach, FL 33406 Alternative Water Supply'Funding Program Application FY 2005 Vanderbilt Beach Road 20-inch Reclaimed Water Main Attention: Subject: Dear Chairperson and Board Members: Collier County respectfully submits the enclosed proPOsal for funding of construction of a 20-inch Reclaimed Water Main from Airport Road to Village Walk Circle. This proposal presents a plan for construction of this project. The purpose of this project is t° complete the loop of the County's North reclaimed water system. It will provide additional flow capacity to and from the north and south reclaimed water systems interconnect. The Need for the Project: Collier County is located within the South Florida Water Management District's Water Resource Caution Area and the Big Cypress Basin. The County has experienced, and is anticipated to have potable water supply problems during the next 20 years. This reclaimed water main will improve Collier County's water System reliability and capacity by allowing POtable water supply offset with highly treated reclaimed water for irrigation. Tar.qet Audience: The project will provide benefit to the citizens of Collier County through the additional reclaimed water flow capacity the project will provide to and from the north and south reclaimed water systems interconnect. Pdmary Stratecjies for Implementation: The scope of work for this project includes construction of 40 linear feet of 20-inch Ductile Iron Pipe and 7,843 linear feet of 20-inch PVC reclaimed water main from Airport Road to Village Walk Circle. Design work for the proposed Project has been completed and construction has been initiated. Agenda Item No. 16C13 April 27th, 2004 Page 3 of 11 Page 2 The current construction phase work includes installation of approximately 7,883 linear feet of 20-inch reclaimed water main. Specific elements expected for completion of this task are listed below: · Mobilization · Install 7,883 linear feet of 20-inch pipe · Install 20.-inch gage valve and box · Connect. to existing Collier County Reclaimed Water Distribution System · Restore site A more detailed description of these tasks is included in the attached 'Statement of Work.' '~ Evaluation of the Short and Long Term Bener~s of the Proiect: The use of treated wastewater effluent for irrigation and other reuse purposes lends to an environmentally sound disposal method. It also conserves potable water supplies previously used for irrigation purposes. This project allows for greater capacity and - availability of reclaimed water for these reuse purposes for the County's North and South service areas, as · ~' well as a means to ensure an environmentally sound disposal method for the North County Regional Water Reclamation Facility effluent. In the long term, the potable water offset provided by this project will allow Collier County to meet increasing potable water demands of Collier County. in the future. -~ Proposed Proiect Management Plan: Collier County has an agreement with Southwest Utility Systems, inc. (Contractor) to construct the Vanderbilt Beach Road Reclaimed Water Main. Construction has begun on this project and completion is currently projected for August 24, 2004. Monthly Progress Reports are '~ prepared by the Contractor to describe the statuS of work and submitted to the County. The status reports ~ include a description of work completed each month, activities for the next pedod, a description of problems and how they wi~re resolved, status of the schedule and budget, and any proposed changes to the schedule ~ and/or budget. Collier County Authorized Representatives: The following people are authorized to make representations regarding this project on behalf of Collier County: NAME: I TITLE: i AGENCY: ADDRESS: PHONE: FAX: James V. Mudd County Manager Collier County 3301 East Tamiami Trail, W. Harmon Turner Building, 2r~ Floor Naples, Florida 34112 (239) 774-8383 (239) 774-4010 Agenda Item No. 16C13 April 27th, 2004 Page 4 of 11 Page 3 NAME: TITLE: AGENCY: ' ADDRESS: PHONE: FAX: NAME: TITLE: AGENCY: ADDRESS: PHONE: FAX: James W. Delony, P.E. Public Utilities Administrator Collier County 3301 East Tamiami Trail, Bldg. 'H,' 3r~ Floor Naples, Flodda 34112 (239) 732-2540 (239) 732-2526 Ronald Dillard Senior Project Manager Collier County 3301 East Tamiami Trail, Bldg. 'H,' 3ru Floor Naples, Fiodda 34112 (239) 530-5338 (239) 732-2526 As an authorized representative of Collier CoUnty, I declare that this application was prepared without collusion with any other person or entity submitting an application pursuant to the Funding Program. Collier County looks forward to working with the District on this mutually beneficial and important project. Very truly yours, · Mudd County Manager Agenda Item No. 16C13 April 27th, 2004 Page 5 of 11 APPLICATION 2004-2005 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ALTERNATIVE WATER SUPPLY FUNDING PROGRAM APPLICATION FORM Application No: AWS - 05 (District to provide) The undersigned Applicant has read all of'the terms and conditions of the Alternative Water Supply Funding Program Guidelines and Application, and certifies that all of the information contained within this application and subsequent Attachments is hue and correct to the best of its knowledge. Applicant's Legal Name: Collier County Water-Sewer District (State DivdDept. if applicable) Project Title: 20-inch Reclaimed Water Main Vanderbilt Beach Rood Description: Construct 20-inch Rechaimed Water Main from Airport Road to Village Walk Circle Type of Organization: Coun~ Government Applicant'S Address: 3301 Tamiami Trail E. Bldg. H, 3~ Floor I~ples, Florida 3411:> Funding Axnount Requested: $422,707.50 County in which Project will be Built: Collier County Date of Incorporation: State of Incorporation: Federal ID No.: 21-07-019995-53C Has your organization cvcr received funding under the Alternative Water Supply Program? Yes · No I-'] Year last rec~ived: 2003-2004 AmouutofrmndingReceived: $100,000 Is the Project(s) Still Ongoing? Yes · No [] District's ConU'act Number(s): DG-040634 Expected Completion Date(s): __lVlarch 31, 2007 Current Status of the Project~s):_Construction specifications prepared pending release for bid. Authoriz~l Pe~amc: James V. Mudd, P.E. Tide: County Manager Telephone Area Code/Number: (239) 774-8383 Fax Number: (239) 77q 4010 ¸2; Agenda Item No. 16C13 April 27th, 2004 Page 6 ofll Statement of Work (Attachment A) Collier County Vanderbllt Beach Reclaimed Water Main Project 1.0 Introduction Collier County (County) is requesting funding for the construction phase of a project that involves installing a 20-inch Reclaimed Water Main (RCWM) along Vanderbilt Beach Road. -There are several purposes for this RcWM. It will (1) increase the use of treated wastewater effluent for irrigation purposes as an environmentally soUnd disposal method; (2) conserve potable water and groundwater supplies; (3) complete the loop of the County's North Reclaimed Water Distribution System; and (4) increase capacity at the County's North/South Reclaimed Water Systems interconnect. Background Rapid growth and high dry-season demand for water have stressed the County's sensitive freshwater aquifers: One viable solution to decrease this demand is the use of highly treated wastewater effluent instead of potable water for irrigation purposes. Collier County anticipates that it will experience continued rapid population growth with a concomitant increase in potable water demands. Presently, the County owns and operates two Regional Water Reclamation Facilities with a combined capacity of 26.1 million gallons per day (MGD). The North County Water Reclamation Facility (NCWRF), located at Goodlette-Frank Road and Immokalee Road, provides wastewater treatment in the North County Service Area. The primary means of effluent disposal from the NCWRF is returning highly treated reclaimed water to the community for beneficial reuse as irrigation water. The balance is disposed of through a deep injection well. A liquid stream expansion completed in November 2001, and a corresponding solids stream expansion completed in September 2002, increased the facility's capacity by 6.5-mgd to its present capacity of 17.55-mgd. A subsequent expansion to increase the facility's capacity to a total of 24.1- mgd is currently underway with construction on schedule to be in service by fall 2005. The South County Water Reclamation Facility (SCWRF), located on St. Andrews Boulevard and Wildflower Way, accepts and treats all collected wastewater from - customers south of Golden Gate Parkway to Auto Ranch Road. The facility is currently rated to treat 8 million gallons per day (2.92 billion gallons per year). The facility is in the process of being expanded to 16 million gallons per day (5.84 billion gallons per year). The expansion will be complete in 2004. Collier County is in the process of installing an interconnect between the North Water Reclamation Facility and the South Facility. This will alleviate any exCeSsive flow burden on either treatment facility. The Vanderbilt RCWM project will complete the looping of the North Reclaimed Water Distribution System and thereby allow greater capacity at this interconnect. Agenda Item No. 16C13 April 27th, 2004 Page 7 of 11 2.0 ' Scope . Thc scope of work for this project includes C°nstruction of 40 linear feet of 20-inch Ductile Iron Pipe and 7,843 linear feet of20-inch PVC reclaimed water main from Airport Road to Village Walk Circle. 3.0 Project Justification County Planning projections indicate that by the year 2005, maximum daily demands for water in Collier County will increase.by almost 8 MGD, to a total of approximately 39 MGD. Reclaimed water availability will increase to approximately 40 MGD in 2005 due to the SCWRF and NCWRF expansions and increased Reclaimed Water Distribution System capacity and reliability. This will reduce the burden on the region's limited freshwater supply and protect the wetland system associated with the Aquifer. This project will allow for greater reliability and capacity in the Reclaimed Water Distribution System, and therefore, furthers the District's goal of developing alternative water supplies to meet future demands. 4.0 Work Breakdown Structure (WBS) 4.1 Description of Project Elements Design work for the proposed project has been completed and construction has been initiated. The current construction phase work includes installation of approximately 7,883 linear feet of 20-inch reclaimed water main. Specific elements expected for completion of this task are listed below: · Mobilization · Install 7,883 linear feet of 20-inch pipe · Install 20-inch gage valve and box Connect to existing Collier County Reclaimed Water Distribution System · Restore site Deliverables · Record Drawings · Operation and Maintenance Manuals · Warranties and guarantees · Testing reports · Certifications 5,0 Project Cost The construction costs are equal to approximately $845,415. A cost breakdown is provided in the attached contractor bid documents. Agenda Item No. 16C13 April 27th, 2004 Page 8 of 11 6.0 Location of the Project The new 20-inch Reclaimed Water Main will be located along Vanderbilt Beach Road between 1-75 and Airport Pulling Road. See Figure 1 below. 7.0 Deliverable Schedule Competitive bid~ were received for this project on July 3 I, 2003. The contract was awarded to Southwest Utility Systems, Inc. and approved by the Collier County Board of Commissioners on December 16, 2003. Construction is ongoing and projected to be completed by August 24, 2004. Fi I Agenda Item No. 16C13 April 27th, 2004 Page 9 of 11 1 FUNDING PROPOSAL Collier County Vanderbilt Beach Road 20-inch Reclaimed Water Main Project 1.0 Request for Funding The total funding requested for this project is $422,707, which is 50 percent of the total contractor bid cost. The request for support shall be applied only for the payment of capital or infrastructure costs for the construction of alternate water supply systems that provide alternative water supplies for uses within one or more resource caution areas, if total funding is not possible, partial funding is requested. 2.0 Financial commitment The Collier County Water-Sewer District (CCWSD) has budgeted funds to support a portion of the costs for the project in the FY 2004 Capital Improvement Projects (CIP) budget. A copy of the financial commitment from CCWSD is provided on the following page. Sufficient funds for this project are available fi.om the CCWSD to support the project if the District does not approve the requested funding. Collier County does reserve the right to reduce the project's scope and modify the project schedule if full funding is not approved. 3.0 Basis of Development and Construction Costs The project cost has been developed by the construction contractor Southwest Utility Systems, Inc. and is based on their bid price.. A detailed breakdown of this estimate is · provided as an attachment to the Statement of Work. Fund # WBS~ WBS Nam0 PM Budget-20~ 413 704131 413 720011 · 413 720021 413 720031 413 720O41 413 720051 413 720061 413 72OO71 · 413 725152 413 725161 413 730281 413 73O311 413 730531 413 73O661 413 73O662 413 730761 Refund of Impact Fee SE Central WRF Land Goodlette RM - VBR t Replace Ex 4" FM wit vbr Force Main - Log E Central WRF Land A Land Acquisition Stu 2003 Wastewater Mast Define Pmj Mgt Obje Reclaimed Water Mast GOODLETTE - WASTE WA ' NCRWWTP 5 MGD EXPANS SCRWW'rF CONTRACT ~ WASTE'WATER MASTER PL 2003 Waslewater Mast N/S Sewer Interconne · 599 4,000,000 660,000 · 88,000 4,562,000 4,000,000 50,000 100,000 12,000 26,986 0 186,651 4,008 49,6O9 102,362 2,157,480 Agenda Item No. 16C13 April 27th, 2004 Page 10 of 11 413 730771 NCWRF FLOW EQUALIZAT 2,199,049 413 730791 North Area MPS 413 2,274,427 413 730851 Vanderbilt 16" Force 912,790 413 730861. CR951 16" Force Main 833,597 413 730881 Biosolids Eacility - 65,000 413 731281 SCWRF FLOW EQUIL ! A 14,658 413 731311 IMM RD E Force Main 2,498,598 413 731321 East Sewer Force Mai 6,302,280 413 731501 MPS East Interconnec 1,i01,000 413 731511 MPS Vanderbilt & Liv 1,799,085 413 731521 MPS Immokalee & 951 1,666 413 731531 MPS Immokalee Rd. Ar 2,217,328 413 731541 SCWRF INJ Well 2 413 4,104,834 413 731551 NE Regional WRF - Ac 673,475 413 731561 NE Regional WRF 413 1,100,000 413 ~ 731571 SE Regional WRF - Ac 43,138 413 731581 Upsize Lakewood FM t 99,350 413 731901 ISLANDWALK PHASE 1-1 98 413 732501 Livingston Rd 20' FM 177,800 413 739451 PUMP STATION IMPROVE 985,112 413 739481 NCWRF DEEP INJ WELL 9,414,178 413 739492 SCWRF Exp 2001 (413) 14,117,497 413 739501 VCWRF 10 MGD Exp Liq 25,660,752 413 739502 NCWRF Expan to 24.1 12,933,897 413 740151 MISC EFFLUENT SYSTEM 23,6.50 413 740201 BACK PRESSURE SUSTAI 360,078 413 740281 GOODLETTE- EFFLUENT 0 413 740291 EFFLUENT MGT MASTER 413 740351 RADIO RD 20' BRIARWO 827,799 413 413 413 413 413 413 413 Total 740361 RADIO RD SANTA BARB 505 740761 Reclaimed Water Boos 450,000 740771 NCWRF 24' Reciaime W 1,387,000 740781 NCWRD Rec water Main 752,773 743091 2004 Misc. Effluent 4 50,000 743101 SRF Pmcuremenl - Ta 131,000 110,269,397 Agenda Item No. 16C13 April 27th, 2004 Page 11 of 11 EXECUTIVE SUMMARY BOARD OF COUNTY COMMISSIONERS APPROVAL OF A MEDICAL DIRECTOR CONSULTING CONTRACT BETWEEN COLLIER COUNTY AND NAPLES COMMUNITY HOSPITAL (Companion Item relating to COPCN application) OB~IECTIVE: To provide better protection for the health, safety and welfare of the residents of Collier County by establishing a contract for medical consulting services between the County's Medical Director and Naples Community Hospital. CONSIDERATIONS: As part of the application process for a Certificate of Public Convenience and Necessity (COPCN), Collier County Ordinance 2004-12 requires that Naples Community Hospital enter into a contractual agreement with Collier County for the services provided by the board certified physician acting as the County's Medical Director. FISCAL IMPACT: Should the Board agree to the proposed consulting services, the County would receive Eighteen Thousand dollars ($18,000.00) per year in revenue. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: Recommendation that the Board of County Commissioners approve the attached Medical Director consulting contract between Collier County and Naples Community Hospital. Agenda Item No. 16D1 April 27th, 2004 Page 1 of 24 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D1 Board of County Commissioners approval of a Medical Director Consulting Contract between Collier County and Naples Community Hospital. (Companion item relating to COPCN application) 4/27/2004 9:00:00 AM Prepared By Barbara Brown Public Services Administrative Assistant EMS Approved By Jeff Page Public Services EMS Director Date EMS 4113/2004 1:08 PM Approved By 'ohn Dunnuck Public Services Public Services Administrator Public Services Admin. Date 4/19/2004 9:12 AM Approved By Gary A. Vincent County Manager's Office Management & Budget Analyst Office of Management & Budget Date 4/19/2004 12:15 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/19/2004 2:17 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/19/2004 2:49 PM Agenda Item No. 16D1 April 27th, 2004 Page 2 of 24 ORDINANCE NO. 2004 - 12 AN ORDINANCE AMENDING ORDINANCE 81-75 I~',ii, i. ~~ ; Al)DING SECTION TWELVE ENTITLE[I:~ I~ CLASSIFICATIONS AND CERTIFICATES; PROVIDING FC~~ INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVII)ING FOR CONFLICT AND SEVERABILITY; AND PI{OVIDING FOR AN EFFECTIVE DATE. W[1EREAS, Collier Cmmty desires Io make available Io its citizens safe, professional emergency heallh care h'ansporlalion services for Ihe transl~r ofpalienls between and among local hospilal I~cilities; and W~EREAS, Collier County desires Io facilitate the provision of such se~'ibes and has the necessary equipment, training, expertise, professional cerfificalions and licenses ~o do so; and WHEREAS, the amendment to Ordinance Number 81- 75 results in a benefit to Collier County by reducing response times for certain transports and providing for the availability of more transpml vehicles. NOW TItEREFORE: BE IT OI~.DAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER C., LrNI Y, FLORIDA: Section I: Purpose This ordinance is adopted pursuant to Chapters 125 and 401, Florida Statutes. The purpose of this ordinance is to provide better protection for the health, safety and welfare oflhe residents of Collier County, in ambulance and ALS matters, by establishing uniform county-wide standards for certification of ambulance or advanced life support or services, or operations by promulgating complete and clear rules and regulations for operation of all ambulance or rescue companies or services in Collier County. Section 2: Definitions A. Advanced Life Support (ALS) shall mean procedures conducted as defined in applicable Florida Statutes and Florida Administrative Code, Section 64E. Bo Administrator shall mean the County Manager or his designee. Ambulance means any privately or Publicly owned land, air, or water vehicle that is designed, constructed, reconstructed, maintained, equipped or operated, and is used for or intended to be used for air, land, or water transportation of persons, who are sick, injured, or otherwise helpless. Board shall mean the Collier CountyBoard of County CommisSioners. Certificate means a certificate of convenience and necessity as authorized in Section Aoenda Ite. m .No. 16D1 401.25 (2)(d), Florida Statutes. E:~O'til'2:Tth, 2004 ,,;,~ ~p~ 3 of 24 F. Emergency Call shall mean the transit Of ali ambulance tinder condilions which warrants travel with flashing lights and siren operating. G. Operator shall mean any person, organization or governmental entity providing ambulance or AI.S services. H. I'atient shall mean an individual who is ill, sick, injured, wounded, or otherwise incapacitated or helpless. I. Routine Call or Routine Transfer shall mean the transportation of a patignt tinder non- emergency call conditions. J. Rescue Service shall mean first response treatment of patients but does not inclnde Advanced Life Support (ALS) or transport. Section 3: Requirements For Certificate It shall be unlawful for any person, firm, agency, or any other entity, including governmental units, to provide an ambulance service or provide advanced life support withou! first obtaining a certificate therefore from the Board of County Commissioners of Collier County. Section 4: Exemptions and Exclusions From Certificate Requirement Certificates shall not be required for: A. Rescue Services B. The use of a non-ambulance for any transport of a patient pursuant to the Good Samaritan Act, Section 768.13, Florida Statues. C. Vehicles rendering ambulance-type services when requested to do so by the Board of County Commissioners or County Manager in the event o£ a major catastrophe or other such emergency which requires more ambulances that are available in the county. D. Ambulances based outside the county which pick up a patient in the county and transport him out ofthe county, or which pick up a patient out of the county and transport him into the county. E. Vehicles used to transport persons for routine scheduled medical treatments. Vehicles transporting persons who require services en route or who must be carried on a stretcher are not covered by this exemption. Agenda Item No. 16D1 April 27th, 2004 Page 4 of 24 Words Kndcrlined added and words strack t.kre, t:gh are deleted. 2 Section 5: Procedure For Obtaining Certificate An applicant for a certificate shall obtain forms from the department to be completed and returned to the Division Administrator. Each application shall contain: A. The name, age, and address of the owner of the ambulance or ALS provider, or it' the owner is a corporation, then of tile directors of the corporation and of all tile stockholders holding more that 25'/0 of the outstanding shares. For governmenta, l units, this information shall be supplied for members of the governing body. B. Tile boundaries of tile territory desired to be sen,ed. C. The number and brief description of the ambulances or other vehicles the applicant will have available. D. The address of tim intended headquarters and any sub-stations. E. The training and experience of the applicant. [. The names and addresses of three (3) Collier County residents who will act as references for the applicant. A schedule of rates which the service intends to charge. Such olher pertinent information as the administrator may require. An application or renewal fee of two hundred fifty dollars ($250.00). (Exception Collier H. I. county EMS J. Financial data including assets and liabilities of the operator. A schedule of all debts encumbering any equipment shall be included. Section 6: Review of Applicalion The Administrator shall review each application and shall investigate the applicant's rem:tation, competence, financial responsibility, and any other relevant factors. The Administrator shall also make an investigation as to the public necessity for an ambulance or ALS operation in the territory requested, and shall then make a repoia to the Board containing his recommendation whether to grant a certificate to the applicant within sixty (60) days of the time the Administrator determines the application is complete. Section 7: Requirement For Board Approval In Granting Certificate The Board of County Commissioners shall not grant a certificate unless it shall find, after public hearing and based on competent evidence that each of the following standards has been satisfied: Agencia Item No. 16D1 :April 27th, 2004 Page 5 of 24 Words underlined added and words st:'uck tSm'.-'g5 are deleted. 3 A. That Ihcrc is a public necessity For the service. In making such dclermination, Iht Board of County Commission shall consider, as a minimmn, lite Following factors: (1) The extent to which tile proposed service is needed to improve the overall Emergency Medical Services (EMS) cnpabilities ol' the County. (2) The effect of tl~e proposed service on existing services with respect to quality ol' service and cost of service. (3) The effect of the proposed service on the overall cost of EMS service in the County. (4) The effect of the proposed service on existing hospitals and other health care facilities. (5) The effect of the proposed service on personnel of existing services and the availability of sufficient qualified personnel in the local area to adequately staff all existing services. B. That lite applicant has sufficient knowledge and experience !o properly operate the proposed service. C. That, if applicable, there is an adequate revenue base for the proposed service. D. That the proposed service will have sufficient personnel and equipment to adequately cover tile proposed service area. Section 8: Appointment of Hearing Officer In making the determinations provided for in Section 7 above, the Board may, in its sole discretion, appoint a Hearing Officer to hold a public hearing and to make factual findings and conclusions as a result of the hearing. Should a Hearing Officer be appointed, said Hearing Officer shall render a writlen report to the Board within 30 days of the hearing,'which report shall contain the officer's findings and conclusions of fact, and a recommended order. The findings and conclusions of fact shall be binding upon the Board, but the recommended order shall be advisory only. Section 9: Rights and Duties Granted By Certificate The certificate granted by thc Board shall be valid for one calendar year and shall be personal to the applicant and not transferable. In the case ora corpora.lion, if there occurs such a transfer of stock or other incidents of ownership as to change the majority or largest stockholder, Agenda Item No. 16D1 · April 27th, 2004 Page 6 of 24 Words _underlined. added and words ~truck t~rcugh are deleted. 4 a new certificate musl be applied for. Cl]anges in the officers of lhe corporation will not require a new cerlificate. Acceptance of thc certificate by Ihe applicanl shall obligate Ihe applicanl to: A. Service lbo entire zone granted to the applicant. B. Provide coverage to a~joining zones, when requesled to do so by Emergency Control roi' emergency calls when the cerlificate holder for that zone is unable to respond. C. Keep posled at his place of' business a copy of the fee schedule, which must be filed with II]e Administrator (IF applicable). D. Operate in accordance wilh the rules and regulations adopted pursuant to this Ordinance and an)' applicable County Ordinances, and Chapter 401 Florida Statutes, and any administrative regulalions adopled pursuant therelo. F. Employ at all tin]es sufficient personnel experienced in operation and management of emergency medical services to ensure proper and efficient operation. Section I 0: Renewal of Certificate Each certificate holder shall file within ninety (90) days of expiration, an application for renewal ofhis certificate. Renewals shall be based upon the same standards, as Ihe granting of the original certificate along with such other factors as may be relevant. The renewal application shall be accompanied by a two hundred and fifty dollar ($250.00) renewal fee. The renewal certificate may be approved routinely by the Board, upon advice of the Administrator, or the Board may hold a hearing on same. Section I 1: Emergency Provisions The Board may modify, suspend or revoke a certificate in the interest of the public health, safety and welfare, only at public hearing and after reasonable notice has been given to the certificate holder affected. Hmvever, if a situation exists which poses a serious threat that ambulance or rescue service will nat be available to any certain area of Collier County, the Administrator shall have such temporary emergency powers as are necessary to provide that service. These temporary powers are intended to provide interim protection until such time as the Board meets to resolve the emergency. Section 12; Classifications of Certificat~ -. There shall be two f2) elnssifleatiops of ~erviee, in Collier County~ ns .follows~: .A., Class 1: Collier County EMS; Agel3Oa Item No. 1 ~D~ April 27th, 2004 Page 7 of 24 Words underlined added and words sL"uck '~' ..... ~ arc deleted. Bo ALS Rescue: An EMS provider with the capability of re.ndering on the scene p.rehospital ALS scr~'ices and ~vho may or may not elect t0 transport patients An EMS l~rovider rendering this level of service for a governmcnl:d cnlirv shall be deemed Io be operaling under the Class I - ALS .rescue certificate of public convenience and necessity held bY ~l~e governmental enlity. An EMS provider holding a Class ! - ALS rescue certificate may provide posl-_ hospital inlerfacilit¥ medical transfer services and rouline AI..S and calls within the Counly. A certificate of public, con. venience and necessi~; must be obtained from the County before engulfing in this level of medical service. Class 2: Collier Count, .Hospitals~ 1. ALS Transfer: An EMS provider who renders ALS interfacilit3! medical transfer scm'ices. An EMS provider who is awarded a Class 2 - AI,S transfer certificate and does not possess a Class I - ALS rescue certificate shall not respond to an emerRen_cy c_all and provide ALS rescue service.~ unless called upon by the appror~riate Class I -ALS rescue provider to orovide emergency backup service, in these instances~ it shall be deemed to be ooeratim, under the Class I - ALS rescue certificate of the governmental entity requestina such emergency b~ckur~ service. 2. Class 2 - ALS transfer certificate holders may provide post-hospital interfacility medical transfer services and routine ALS ami BLS calls within .the ConnW but only to hosp, itals owned by the certificate holder, howe. ver~ the Class 2 certificate holder may provide out-of-County transports. Unlesg an EMS prov. ider possesses a Class ~ - ALS Rescue certificate issued by the County~ a certificate of public convenlenc.e and necessity must be obtained from the Count,/before en~a~in~ in thi~ level of m~dic#l s~rvice_ 3. ..Cl~,ss-~ transfer certi~cate h~olders ~ha]! eo, ntraet with the Class - rescue certificate holder's Medical .Director for the performance of ~erviec., _set forth in F, lorlda Statutes~ Section 401.265 and as sp.ecifieatly set fortl! herein,,as follo.ws: AgencJa Item No. 16D1 · April 27th, 2004 . Page 8 of 24 Words underlined added and words stmek4~ are deleted. 6 Words underlined added and words :!:~:z!: ',Brough are deleted. a. lie shall supervise and accept direct responsib, ility for the medical performance of the paramedics and EmerGencY Medical Technicians (hereinafter EMTs). b. He shall develop medically correct standin. R orders or protocols relating to life support system, procedures when communication cannot be established nvith a supervising physician or when any delay~ in patient care would potent!ally threaten the life or health of the patient. c. He shall issue standinl~ orders and protocols to ensure that the Class-2 transfer eertiflcale holder transporls each of its patienls to facilities that offer a type and level of care appropriate to the patient's medical condition. d. He or his appo!ntee shall provide continuous 24-hour-per-day,_ 7-day-per-week medical direction which shall include~ in addition Iq .t].~e dev.elop, ment of protocols and standing 0rders~ direction to the Class-2 transfer certificate holder's personnel as to the availabilityof~ "off-line" service to resolve problems~ system confl!cts~ and i~_rovide services in an emer~en_cy as that term is defined b,~.section 252.34(3), Floritta Stattttes. e. He shall establish a qu_a_!ity assurance committee to provide f.o.r qual!~ assurance revie~v of all EMTs and paramedics operaling under his supervision. f. He shall audit the performance o.fsystem.., personnel byuse of a quality assurance program that includes but is not limited to a prompt review of patient care records, direct observation~ and comparison of t)erformanee s.t#ndards for drues, eouipment~ sys,tem O~'otocols and procedures,. He, shall be responsible for participatint_, in quality ~ssu.ran.ce prot~ranls developed b~Y the Clas~-2 transfer certificate holder_. He shall ensure and certify that security procedures of the C.lass-2 transfer, certificate holder for medicati .o~]~.~. __N.O. ] ~D1 ~pr. ~ / tn, ~004 Page 9 of 24 ? controlled substances are in compliance with chapters 401,499 .a. nd 893~ Florida Statutes~ and chapter 10D-45 of the Florida Ad~ninistrative Code. h. He shall create~ aq.thorize and ensure adherence to~ detailed written operating procedures ret~ardint~ all as_poets of the handling of medications, fluids and controlled substances by the EMS oersonncl and comply with all requirements of chapters 401~ 499 and 893~. Florida Stattttes. i. He shall notify the Florida Department of Health~ (hereinafter the "Department"} in wri!ing when the use of telemetry is not necessary. i.,... He shall .notify the department in writinR of each substitution of equipment or medication. k. l-le shall assume direct responsibility for the use by an EMT of an automatic or semi-automatic defibrill, a. tor~ the performance of esophageal i,ntubation, by ,an EMT~ .a, nd on routine interfacililT transports~ the monitoring and maintenance of non-medicated I.¥.s by an EMT. Me shall ensure that the EMT is trained to I~erform these procedures~ shall establish written protocols for the performance of these proceduresl and shall provide written evidence to the Florida Department of Health documenting compliance with the provisions of this oaraurar~h. I. He shall ensure that all EMTs and paramedics are trained in the use of the trauma scorecard methodologies as provided in sections 64..E7. 2..017 o.f .the F.A.C., fo.r adult trauma patients and 64E-2.0175, F.A.C., for pediatric .trau ,ma pa. fients. m. He sl~all participate as a erewmember on an EMS vehicle for # minimum of 10 hours per year and complete ~l..,minimum of 10 hours per year of contl~luinR medical _eduegflon i'ela.ted to pre-hospital _care or teachin~qr a combinaflg~l of both. Agenda I.tem No. 16D1 April 27th, 2004 Page 10 of 24 Words un.derlin, ed added and words ~!:~--'ck tSrc~:gh arc deleted. 8 n. He shall ensure that all of the Class-2 transfer certificate holder's EMTs and paramedics have all proper certifications and receive all training n.ecessarY to, !naintain their certification. Section -IO. I._~3: Transfer Or Assignment of Certificates No certificate issued under this Ordinance shall be assignable or transferable by the person Io whom issued except' unless approval is obtained from the Board in the stone manner and subject to the same application, investigation, fees and public hearing as original applications I'or certificates. Any majority transfer of shares or stock or interest of any person or o?crator so as to cause a change in the directors, officers, majority stockholders or managers of such .person or operator shall be deemed a transfer or assignment as contemplated ia this Ordirlance and subject to the same rules and regulations as any other transfer or assignment. Section t-3 L4: Revocation, Alteration Or Suspension Grounds A. Every certificate issued under this Ordinance shall be subject to revocation, alteration and/or suspension of operation, buy Ihe Board, for a period of up to one year, where it shall appear that: 1. The operator has failed or neglected for a period of thirty ()0) days during any calendar year to render all services authorized by his certificate. 2. The operator has been convicted of a felony or any criminal offense involving moral turpitude. 3. The certificate was obtained by ah application in which any material fact was omitted or falsely stated. 4. The operator has knowingly permitted any of its motor vehicles to be operated in violation the laws which result in conviction of the driver or operator of a misdemeanor in the second degree or greater, or has knowingly permitted a driver with more than two previous convictions to operate emergency vehicles. 5. The operator has failed to comply with any of the provisions of this Ordinance. 6. The public interest will best be served by revocation, a~teration, or suspension of any certificate upon good cause shown. ~ 7. The operator or hi~ agent has demanded money or compensation other that that · a,~,~nda Item No. 16D1 established and prescribed under this ordinance. (if apphca'olL=~. April 27th, 2004 Page 11 of 24 Words underlined added and ..... ~- ,~- ..... ~ words ............ ~,,. are deleted. 9 8. Thc operator has without sufficient justification failed or refused to furnish emergency care and/or transportation promptly for a sick or iniured person. 9. 'Fhe operator or his agent has been found guilty of malpraclice or willftd and wauton misconduct in the operation of its service. B. All complainls shall be investigated and a report thereon made to the Board, together with findings and recommendations, within fifteen (15) days. If revocation, suspension or alteration of an), certificate appears warranted, the Board shall gix~e,notice to the operator holding the certificate that the same will be considered at a specific commission meeling, provided the date of such meeling shall not be less than five (5) days from Ihe date of the notice. The Board shall thereupon consider the complaint and either revoke, suspend or alter the certificate or dismiss the complaint. Section t4 15: General Operating Regulations All certificate holders, operators, and drivers shall comply with all state statutes and administrative regulations as following regulations: A. Twenty-four Hour Service. Every certificate holder shall be required to operate sufficient ambulances, as stated on the certificate of operation and determined by the Board, on immediate call at all times. ~ B. Prompt Service Required. Every call for ambulance service shall be answered promptly. Patients shall be loaded and transported without being subject to unreasonable delays. Ail calls for emergency assistance requiring over twenty (20) minutes from time of notification to arrival on scene shall be reported to the Administrator with complete documentation of the circumstances, which delayed the response. Those instances where more that three (3) minutes elapse between receipt of an emergency call and dispatch of an ambulance shall also be reported to the Administrator with documentation of circumstances. C. Bed Linens. Clean and sanitary bcd linens Shall be provided for each patient carded and shall be changed as soon as practicable after the discharge of the patient. D. Daily Log. Every operator shall maintain in a daily log upon which shall be.recorded the place or origin, time of call, time of dispatch, time of ih-rival at scene, time left for hospital, time of arrival at hospital, and charges for each trip made and such other ~ .. Aoenda Item No. 'l.6D'i operating and patient information as may be required by ~armnanc~ t:ver~jl~flra~t~al~o04 Pa[lo ~2 of 24 Words underlined added and--~.~o'~ ...... o.......~' ,s.~..~,,..~ are deleted. 10 retain and preserve all daily logs for at least two (2) years, and such logs shall be available for inspection by the Administrator. E. Conm~unicalions. Each ambulance shall maintain two-way radio communication with the location of primary dispatch from which it operates, as well as any additional communicafio,~ capabilities required by Ordinance or state law. F. Vehicles and Equipment. Each vehicle shall be equipped with the proper medical and emergency equipment as required by the laws of the State of Florida and shall be subjected to inspection from time to time to insure compliance with thc laws of Florida and this Ordinance. G. Certification. In addition to the State of Florida Department of Health, Bureau of Emergency Medical Services requirements for certification, each paramedic must be certified by the County Medical Director. Each paramedic must work with a Collier County EMS ambulance for a sufficient length of time for the ambulance service medical director to properly judge his capability. At minimum, the paramedic must work in that capacity not less than one full month's work shift annually. Salaries of other than Collier County EMS paramedics will be paid by the agency seeking the Medical Director Certification. H. Application. Each ambulance or ALS service shall be subject to those rules and regulation as promulgated by Ordinances of the Board for the purpose of carrying out this ordinance. Sectiont~-16: Central Place of Business Each operator shall maintain a central place of business which shall be entirely within his designated operating zone, at which place he shall provide two-way radio communication with his vehicles, the county emergency control communications center, and his place of business, a properly listed telephone for receiving all calls for service and at which central place of business he shall keep such business records and daily logs available for inspection or audit by the Administrator. Every operator shall keep on file with the Administrator and the County Emergency Control Communications Center a business address and telephone number at which the operator may be reached at all times. This information will be maintained at the Emergency Control Center. Agen'da.ltem No. 16D1 April 27th, 2004 . Page 13 of 24 Words underlined added and words o°tr~c!~ tt:.rough are deleted. 11 Section t6 17: Records To Be Kept Every operator shall keep accurate records of receipts from operations, operating and other expenses, capital expenditure and such other operating and patient information as may be required by the Board. Section I-7 18: Rates Every operator shall file with the Board a schedule of the rates. Such rates shall be filed as a part of each new or renewal application, and a rate schedule shall also be filed when changes in rates are proposed. All such rates shall be subject to review and approval by the Board. Section t8 19: Operator's Insurance Every ambulance operator shall carry bodily injury and property damage insurance with solvent and responsible insurers authorized to transact business in the State of Florida to secure payment for any loss or damage resulting from any occurrence arising out of or caused by the operation or use of any of the operator's motor vehicles. Each vehicle shall be insured for the sum of at least one hundred thousand dollars ($100,000.00) for injuries to or death of any one person arising out of any one accident and the sum of at least three hundred thousand dollars ($300,000.00) for injuries to or death or more than one person in any one accident and for the sum of at least fifty thousand dollars ($50,000.00) for damage to property arising from any one accident. They shall also have malpractice insurance. Every insurance policy or contract for such insurance shall provide for the payment and satisfaction of any financial judgment entered against the operator and present insured or any person driving the insured vehicle. Such insurance shall be obtained and certificates or certified copies of such policies shall be filed with the Board. Ali such insurance policies, certificates thereof or certified copies of such insurance policies shall provide for a thirty (30) day cancellation notice to the Board. Section 19 20: Conduct of Driver~ And Attendants All drivers, EMT's and paramedics shall comply with the laws of the State of Florida, in order to meet the requirements set out in this Ordinance and no driver, EMT or paramedic registered hereunder shall: A. Fail or refuse to promptly transport, if applicable, or attend any sick or injured person after responding to a call. Agenda. Item No. 16D1 April 27th, 2004 Page 14 of 24 Words underlined added and words ~c!~ :F. re,..:g5 are deleted. 12 B. Demand or receive compensalion other that that established and approved in accordance with this ordinance or fail to give a receipt for n~oneys received. (If applicable). C. Give or allow rebate, commission, discount or any reduced rale not provided in th~ established rate. (If applicable.) D. Al any lime induce or seek tO induce any person engaging an ambulance or ALS service to patronize or retain the services of any hospital, convalescent home, mortuary, cemetery, attorney, accideni investigator, nurse, medical doctor or other service occupation or profession. E. At any time release his patient from his care until he is assured that some responsible person is available to receive such.patient. F. At any time use a siren or flashing red light unless on an emergency call. G. Disobey the lawful orders of the law enforcement officer at the scene of an accident, or other similar such emergency or at a fire scene, the fire officer in charge. H. Smoke while within the confines of an ambulance. I. Operate or ride in an ambulance without using seatbelts. (Personnel attending patienls are exempt). Section 2,0 21: Passengers No person shall be aboard ambulances when engaged in emergency or roUtine medical calls except the following: A. Driver, attendants and fire or law enforcement personnel; B. Patients; C. Not more that one relative or close friend of the patient, or if the situation 'warrants, the paramedic in charge may authorize more than one passenger. D. Physicians and nurses; E. Personnel in an observing capacity that are being trained for ambulance or ALS service. F. Operator's supervisory personnel. Section ~ 22: Obedience to Traffic Laws, Ordinances or Regulations. A, The driver of an ambulance or ALS vehicle when responditlg t0. an emergency call or while transporting a patient may exercise the following privileges when such driver has Aoenda .Item No. 16D1 April 27th, 2004 · Page 15 of 24 Words underlin, ed added and words s.,~,ck t~r~',~gh are deleted. 13 reasonable grounds to believe that an emergency in fact exists requiring the exercise of such privileges: !. Park or stand, irrespective of the otherwise applicable provisions of law, ordinance or regulations. 2. Proceed past a red light or stop signal or stop'sign, but only after slowing down as may be necessary for safe operations. 3. Exceed the maximum speed limits permitted by law so long as he does not endanger life or property. 4. Disregard laws, ordinances or regulations governing direction or movement or turning in specified directions so long as he does not endanger life or property. B. The exemptions herein granted shall apply only when such vehicle is making use of audible and/or visible signals meeting the requirements of this Ordinance. C. The foregoing provisions shall not relieve the driver of a vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others. Section ~ 23: Violations In addition to the remedies provided herein, a violation of any provision of this ordinance shall be punishable as provided by law for the violation of County ordinances. Section g-3 24: Uniformity of Application The Ordinance shall constitute a uniform law applicable in all of Collier County. Section ~4 25: Authority To Enforce. It is hereby declared to be the duty of the Board of County Commissioners of Collier County, its officers, agents, employees and other governmental agencies, the sheriff's department of Collier County, its deputies and agents, fire departments, as well as the police departments of the various municipalities falling under the provisions of this Ordinance to stEctly enforce the provisions of this Ordinance. Section g-5-26: Repeal and Codification Ordinance 75-50 is hereby repealed. This Ordinance shall be codified in the Collier County Code as Chapter 4 of said Code, and said Code is hereby amended accordingly. Agenda. Item No. 16D1 April 27th, 2004 Page 16 of 24 Words underlined added and words stmCk-4heoa~ arc deleted. 14 Section ~6 27: .Conflict and Severability thz r¢~rdinance shal' -^° ~-- nrr .... .~ In the event this Ordinance should ever col)flier with any. other ordinance of. Collie, County. or aopli¢.a, ble ordinance of any municipality, or other applicable law, rul.e, or .regul~ the more restrictive shall apply. If any .section, sub-section, sentence, clause, phrase or portion 9f tb".~ Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portio~ shall ..be deemed a seoarate, distinct ami independent provision and such holdio~ shall not affect the validity of the remairlder of the Ordinance~ Section ~-7 2.._~8: Effective Date This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of Slate. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this.b~ day of.iCc~utrru ,2004. BOARD OF COUNTY COMMISSIONERS COLLIER ~~, FLORIDA - .J~.ueline Williams Hubbard Assistant County Attorney H: O~dinance/Rcvi~ion of Ord 81-75 This ordinance filed with the' tary of State's Office the doy Ot~-,~, ~ ~ and acknow!edgemer.~t_s..9~ lt~t Age Words .underlineil_ added and words gw--'ek thr~-ag.~ ar.e deleted. Ds~e .Page i7~24 15 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-12 Which was adopted by the Board of County Commissioners on the 24th day of February, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of March, 2004. DWIGHT E. BROCK Agenda Item No. 16D1 April 27th, 2004 Page 18 of.24 COLLIER COUNTY EMERGENCY SERVICES MEDICAL CONSULTANT CONTRACT WITH NAPLES COMMUNITY HOSPITAL THIS MEDICAL CONSULTING CONTRACT made this day of · 2004 by and between COLLIER COUNTY, FLORIDA., (hereinafter referred to as "County"), and NAPLES COMMUNITY HOSPITAL (hereinafter 'qxlCIY'), WITNESSETH WHEREAS, the County is responsible for emergency services in COLLIER COUNTY, Florida; and WHEREAS, Emergency Medical Services, (hereinat~er "EMS"), are a logical extension of existing health care services performed by the County in the above described geographic area; and WHEREAS, the County retains the services of a Medical Consultant, (hereinafter "Consultant"), who is a duly'licensed physician in the State of Florida who is specially trained in the field of emergency medicine; and WHEREAS, NCH is obligated to enter into a Medical Consulting Contract with the County for the services of the Consultant; and NOW THEREFORE, in consideration of the promises and the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. GENERAL DUTIES: Consultant shall be a County employee for purposes of governmental immunity as that term is def'med in Chapter 768, Florida Statutes, and shall be directly responsible to the Hospital Administrator for the performances of services as Medical Director as more specifically defined in this agreement and as set forth in Section 401.265, Florida Statutes. The Consultant shall be responsible for the implementation of such planning and coordination as may be necessary to deliver advanced life support by Emergency Medical Technicians (hereinafter EMT's), and Paramedics (including EMS and Fire District personnel) trained to the level of advanced and basic medical technicians, which may require intravenous administration of emergency resuscitative drugs and the performance of sophisticated technical emergency procedures. 2. TERM OF CONTRACT: The term of this contract shall begin on May 1, 2004. The parties agree that the term of the Contract shall be automatically renewed on a yearly basis from October 1, of the following year through September 30 with the same terms, conditions and obligations as set forth herein, unless terminated by NCH upon sixty (60) days written notice to · the County. 3. COMPENSATION: NCH shall pay to Collier County Emergency Medical Services monthly payments of One Thousand Five Hundred dollars ($1,500.00) with the first payment due on June 1} 2004, as full compensation for the services rendered herein by the Consultant.. Agenda Item No. 16D1 April 27th, 2004 Page 19 of 24 4. PATIENT RECORDS: NCH shall make available for review and copying by County for peer review and quality assurance purposes, within two (2) days of request, any and all medical records, reports, documents and other relevant materials, including audio and visual tapes related to patients that are transported by NCH's interfacility transportation service and which are requested by the Consultant. This includes all run reports, medical test results, recordings on tape and any other reasonably available similar information. The parties agree that all medical records and "trip or run reports" relating to the patient transfers done by NCH are the property of NCH and shall remain in the possession of NCH. 5. CONFIDENTIAL COMMUNICATIONS: Except as may be provided by general law, NCH and the County agree to keep all medical records confidential and allow no communication of records or patient information without a written release from the patient or as otherwise provided by law. 6. REPORT: NCH agrees to give the Consultant full and detailed reports regarding any case which it reasonably believes has the potential for legal action against the County or its employees pertaining to EMS. 7. DISCIPLINARY ACTIONS: NCH agrees to give the Consultant a full written report of any and all Emergency Medical Services personnel who are known to have violated any standing or verbal orders. Consultant shall have the authority to determine whether an individual is certified to provide EMT or paramedic services for NCH's interfacility transportation program. NCH will be solely responsible for deciding whether to hire, fire or discipline any NCH - employed EMT or paramedic. o DUTIES AND RESPONSIBILITIES OF THE CONSULTANT: a. Shall be from a broad-based medical specialty such as emergency medicine, internal medicine, anesthesiology, or other surgical specialty, with demonstrated experience in pre-hospital care and hold an ACLS certificate of successful course completion or be board certified in emergency medicine. b. Shall demonstrate and have available for review documentation of active participation in a regional or statewide physician group involved in pre-hospital care. c. Shall supervise and accept direCt responsibility for the medical performance of the paramedics and Emergency Medical Technicians (hereinafter EMTs). d. Shall develop medically correct standing orders or protocols relating to life support system procedures when communication cannot be established with a supervising physician or when any delay in patient care would potentially threaten the life or health of the patient. 2 Agenda Item No. 16D1 April 27th, 2004 Page 20 of 24 e. Shall issue standing orders and protocols to NCH transport services to ensure that it transports each of its patients to facilities that offer a type and level of care appropriate to the patient's medical condition. f. Consultant's appointee shall provide continuous 24-hour-per. day' 7-day-per- week medical direction which shall include, in addition to the development of protocols and standing orders, direction to EMS personnel as to the availability of "off-line" service to resolve problems, system conflicts, and provide services in an emergency as that term is defined by section 252.34(3), Florida Statute,. g. Shall establish a quality assurance committee to provide for quality assurance review of all EMTs and paramedics operating under his superVision. h. Shall notify the Florida Department of Health, (hereinafter the "Department") in writing when the use of telemetry is not necessary. i. He shall audit the performance of system personnel by use of a quality assurance program that includes but is not limited to a prompt review of patient care records, direct observation, and comparison of performance standards for drugs, equipment, system protocols and procedures. Shall be responsible for participating in quality assurance programs that may be developed by the Department. j. Shall ensure and certify that security procedures of the NCH transport services for medications, fluids and controlled substances are in compliance with chapters 401, 499 and 893, Florida Statutes, and chapter 10D45 of the Florida Administrative Code. k. Shall create, authorize and ensure adherence to, detailed written operating procedures regarding all aspects of the handling of medications, fluids and controlled substances by the EMS personnel and comply with all requirements of chapters 401,499 and 893, Florida Statutes. 1. Shall notify the Department in writing of each substitution by NCH transport services of equipment or medication. m. Shall assume direct responsibility for the use by an EMT of an automatic or semi-automatic defibrillator; the performance of esophageal intubation by an EMT; and on routine interfacility transports, the monitoring and maintenance of non-medicated I.V.s by an EMT. Shall ensure that the EMT is trained to perform these procedures; shall establish written protocols for the performance of these procedures; and shall provide written evidence to the Department documenting compliance with the provisions of this paragraph. Agenda Item No. 16D1 April 27th, 2004 Page 21 of 24 n. Shall ensure that all EMTs and paramedics are trained in the use of the trauma scorecard methodologies as provided in sections 64E-2.017 of the F.A.C., for adult trauma patients and 64E-2.0175, F.A.C., for pediatric trauma patients. o. Shall ensure that all NCH transport services EMTs and paramedics have all proper certifications and receive all training necessary to maintain their certification. 10. ADDmONAL DUTIES: Consultant shall also be responsible for assisting in the following additional duties: a. Consultation in the planning for the delivery of interfacility Basic Life Support (BLS) and Advanced Life Support (ALS) to be provided by NCH, including the design of vehicles, equipment, supplies, distribution resources, emergency medical technicians and paramedic personnel training and medical policy, protocol, planning and development. b. Consultation in the coordination of training of paramedical personnel, including the determination of training criteria for certification. c. Organizing, coordinating and participating as an instructor in the in-service education programs and quality control of the patient care in day-to-day delivery of NCH transport delivery service. d. Serving as a liaison between NCH and the medical societies, practicing physicians and training facilities in the area. e. Providing such assistance as may be required in the preparation and administration of any grant programs for the establishment and improvement of the system. f. All duties outlined in Rule 64-E Florida Administrative Code for Emergency Medical Services Medical Director that are not specifically set forth herein and as may be changed from time to time by the department.. g. Shall keep adequate records and supporting documentation, which concern or reflect his services under this Contract. h. Consultant will not have or acquire any interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. 11. LIABILITY AND REMEDIES IN BREACH OF CONTRACTS: It is recognized that the provision of advanced life support services requires that NCH have as its Medical Director, the Collier County Medical Director. Accordingly, the Consultant shall not refuse to perform these services during the terms of this Contract so long as Consultant is able to Agenda Item No. 16D1 April 27th, 2004 Page 22 of 24 so perform, and NCH shall have the right to specific performance of the provisions of this COntract. In addition, the Consultant shall be liable to NCH for his unreasonable failure or refusal to perform the services required hereunder. No modification, or change in this Agreement shall be valid or binding upon the parties, unless in writing, and executed by the party or parties intended to be bound by it. Unless otherwise specified, the laws, rules and regulations of the State of Florida shall govern this Agreement. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida State Court in Collier County, Florida. 12. .CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP: Nothing in this Contract shall be interpreted as preventing the Consultant from operating any other business or being similarly employed with any other emergency medical service that is lawfully licensed by the County (within Collier County, Florida) and the State. However the Consultant shall not accept any employment or enter into any contractual relationship that would create a conflict between such interest and the performance of its duties hereunder. Nothing in this Contract shall be interpreted as preventing the Consultant, a COntractual employee of NCH, from being employed in any other capacity, including, but not limited to the operation of a medical practice, the employment as a staff member of any hospital, or the serving as a medical director for any other emergency medical service which is lawfully licensed by the County (if located within Collier County) and the State. 13. SUCCESSOR- The Contract shall be binding upon the successors of NCH. This Contract shall not be assignable by the Consultant. 14. TERMINATION: This Contract may be terminated by either party, with or without cause, upon sixty (60) days written notice to the other party of such party's intention to terminate the Contract. However, any notice of termination by NCH may, at the County's discretion, constitute cause for the termination of any licenses which the County has granted to NCH to operate an interfacility agreement the County has to provide emergency transport services to NCH. 15. MANUAL._.._~S: All manuals of procedure and instructional material, which are created or prepared by the Consultant, shall be and remain the property of the County. County agrees that during the term of this Agreement, NCH will be allowed to maintain copies of and use the manuals of procedure and instructional material referenced above. 16. employees. INSURANCE: NCH will provide malpractice insurance for the acts of NCH's IN ~NITNESS WIIEREOF, the parties have executed this agreement as of the date first written above. Agenda Item No. 16D1 April 27th, 2004 Page 23 of 24 Signature Print Signature Print NAPLES COMMUNITY OSPITAL ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and Legal Sufficiency: LINE W. HUBBARD stant County Attorney By: DONNA FIAL& CHAIRMA Saekie/EMS/RI3 6 Agenda Item No. 16D1 April 27th, 2004 Page 24 of 24 EXECUTIVE SUMMARY Approve a Budget Amendment Appropriating $29,532.05 from General Fund Reserves for Reimbursement to the State of Florida for Overpayment on a FEMA Claim Submitted After Tropical Storm Gabrielle ,Obiective: To reimburse the State of Florida for overpayment on a Federal Emergency Management Act claim filed after Tropical Strom Gabrielle. Considerations: Subsequent to Tropical Storm Gabrielle the Parks and Recreation department submitted an application to the State of Florida under the Federal Emergency Management Act for repairs to the gasoline-dispensing unit at Caxambas Park. An error occurred in the payment to the County; the State overpaid the claim. Staff has prepared a budget amendment that will allow the Parks and Recreation Department to reimburse the State of Florida in the amount of $29,532.05 Fiscal Impact: General fund reserves will be decreased by $29,532.05. Growth Management Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners approves the above- referenced budget amendment for reimbursement to the State of Florida for overpayment on a FEMA claim submitted after Tropical Storm Gabrielle. Agenda Item No. 16D2 April 27th, 2004 Page 1 of 2 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D2 Approve a Budget Amendment Appropriating $29,532.05 from General Fund Reserves for Reimbursement to the State of Florida for Overpayment on a FEMA Claim Submitted After Tropical Storm Gabrielle 4/27/2004 9:00:00 AM Prepared By Amanda Townsend Public Services Operations Coordinator Parks and Recreation Approved By Maria Ramsey Public Services Parks & Recreation Director Parks and Recreation Date 4/16/2004 11:39 AM Approved By John Dunnuck Public Services Public Services Administrator Public Services Admin. Date 4~20~2004 10:05 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 412012004 11:40 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4~20~2004 3:37 PM Agenda Item No. 16D2 April 27th, 2004 Page 2 of 2 EXECUTIVE SUMMARY Approve an Authorized Provider Agreement with the American Red Cross Obiective: To ensure the safety of program participants and the general public by providing American Red Cross training to employees and clients of Collier County Parks and Recreation. Considerations: The Parks and Recreation Department requires of applicable employees and offers its customers American Red Cross authorized training in water safety, first aid, CPR, AED, and lifeguarding. The American Red Cross requires that organizations offering such training enter into an Authorized Provider Agreement. This Agreement has been reviewed for legal sufficiency by the County attorney's office and will automatically renew each year unless terminated by either party. Fiscal Impact: Revenue generated from training offered to the general public under this agreement is budgeted within the Golden Gate Aquatic Facility fund center within the MSTD General Fund (111). Growth Management Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners approve the Authorized Provider Agreement with the American Red Cross. Agenda Item No. 16D3 April 27th, 2004 Page I of 12 Item Number Item Summary Meeting Date Approved By Maria Ramsey Public Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D3 Approve an Authorized Provider Agreement with the American Red Cross 4/2712004 9:00:00 AM Parks & Recreation Director Parks and Recreation Date 4tl 6~2004 11:08 AM Approved By John Dunnuck Public Services Public Services Administrator Public Services Admin. Date 412012004 10:06 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/20/2004 11:27 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4~20~2004 3:39 PM Agenda Item No. 16D3 April 27th, 2004 Page 2 of 12 American Red Cross Authorized Provider Agreement ...... - ' i .~ lisbctween Th~s A~z~! Provider ~nt ("Agreement") effective as of April 19, 2004 ("Effcctwe Date') Collier County American Red Cross (The mt~ter") and Collier County ~ of County Commissioners/P~ nnd Recre.~'on (The ~A~ Provider" or 'AP") Tlxe Chapter is a unit of the American National Red Cross, a not-for-profit corporation ~ by an act ofu,$. CongresS. ~he:wineiPnl place of lm~iness of whi~h-i~ IO=~ed at 2610 Northbrooko Plnzn Dr. Naples, FL 34119, and among other lhinl~ provides first aid, CPR. aq~ water safety, HIV/~S-~tion education, miss~ion-related caregivin$ and othe~ health and safety education ~s. The principle .place: of bUSiness of~ AP'is located at 3300 Santa ~ Blvd.,-Naples~ FL 34116; The Chapter ~ lo work with'the AP to Wox4de American Red Cross training in the juri~liction set forth in Section 4.be!oW. In cons~on of tl~ stntements~ tm, ms at~ ~mditiom contnined within ~ A~t, the Chapter and the AP ~the- "Parties"), intend to be bound.by this Agreement and-agree to the following: 1.0 ~htlities of the Chapter:. The Chapter shall: ~~, ~d ~'~ ~ F~"~ ~ A~ ~ ("A~..~) ~ ~ 1~ T~n ~ ~fi~ ~~ ~ ~e ~ ~ ~h~ Co~ ~ ~ f~.(~m~g F~") ~ f~ in ~t~ ~1"~ a~ ~ ~~ ~' C~ H~ ~ ~ ~o~.u~ ~ ~pj~ of~e~g ~ u~ ~ ~ ~~t ~ !~ of~ ~S 1.3 1.4 1.5 Upon request and depending on availability: (a). subject to P _~_ 2.10. use best. efforts to pro .vi.'d~ the AP' with equipment that the AP does not possess which'is ~ for an instructor to provide the forth in Aooendix A. If the fees. in A_ _o~mdixA cb_!mge the Chapter will notxty.tt~e .At- a m~mmum o · .-YS prior to imPlementation. Fees in A~ix A tony ctmnge pursmmt Section 3.0. Maintain all Course Records ("Course ~") provided to the Chap~- I~ an instructor for a period of'five (5) years'follOwing the date of the Course. reattthorize.such instructors so long as such insm~ors meet American Red Cross reautnonzat~on Jtdv 2OO3 Agenda Item No. 16D3 April 27th, 2004 Page 3 of 12 = n~. uirementa~ and(e) ~ifi~s'for volunteer and professional skill development with the Chapter. fees'related to 0~e course% equipment rental ~ ~ Matm4nls, Add~ ,e~rvices, training, and ~in~ of Course ParticiP~ts ("Cou~soPn~aicipants") as set forth in pa~,g~J ' ' i,9 bel°w. 1.7 Verify alt in~ authorizations and no, fy the AP in. the event an instructor is no lOnge~ authorized to teach Courses. l.g 1¸.9 ~ut the ~.rm'of this Agreement (as defined in paragraph 5.1), maintain a clo~ and ongoing supportive relationship with the AP nad its insm~om 'by contacting thc AP a minimum of 3 times per year. ffduring any .~ .of evaluatio~ ~ ~g:~ by an AP's.~r is formal to be helow minimum American ~ ~'~s for that Course a~:~ Chapter ~ flutt retch.' ing i~ t~luin~ for the. participants ~'~' ~..n~!ed the Course whero~ing was found tobz below minimum ~ the ~ing will bo ¢ond~ by th. ~. ~ AP Wilt'~ ~nsible for the .c~flt of ~mg as oufl'.med.ia p.araara~ 2.4. ~ ~ will. invoi~ the AP for ~ cost of the.~g at the ~ equal to published full set. ice contrac~ pric~ o~ the ~g l~ice minus the cost of books and tnaterials ~ CoUr~ earticipams may have.: n ves me to or the' of an instruetorCf0r due cause. Due catme ~mes_-n-Sthnt the i~ does nmor mil not nbide by the standards, POli~ies, or ~ of thc Red' Cross and its programs or in some ~ ~ses'the position of an authorized~ Red ~ insnuctor. Some examp~ follow here but are by no means exhau~ve; each case is reviewed individually, taking into acf,.ount ali;relevant circumstances. Examples are--- a. An ins~c, tor re~ to teach a nationally stlmdavdized Course according to tho guidelines and Cours~ requirem~ts or is found to he' deficient in ~ knowledge' or performance Skills, b. An ~ falsifies records or provides false information to the Chapter. c. An instructor consistently fails to communiCate his or her teaching activity in an appropriate way to the Chapter'(e.g. does am notify ~ C~ ~ a Course is to be taught, do~ not pvoc~s Course fom~ ~ i0. working days~.and so & ~ ina~u~tor ~ ~vior ~~t with..~ estnbH~ and~ to in. the Agreemznt.and extx~ted of aRedCross.i~,~, es indicated by ~:~ evalUations'from pam~ or ~aves m ways ~ ~~ find offensive or msult~g (~s making sexcml ndvances e. An 'instructor behaves in ways that do not~ ~ for the American RedCross. as an organization and.tl~]~ in. fact, could harm use public ~on of the American Red Cross in ~he community. f. An ~or is:oonvictcd of avant Or~scdme, such as sextmlm01~0n, embezzlement, assn~ult' or tory crime that calls into question his or her teaching or leadership responsibilities. ChaPte~ to =~as a POint of COntact to ~ AP' ~ tile address and tel~phone number Set forthin ,~on 7 ~low CCh~ RePresentative") and notify the AP ~in 30 days if that individual clumges. ~AP ~ the ad~ Set forth in ~ wi~in ten (10) business days at~r vec~ ora properly completed Course'Record. 1.12 As ~ m~dupon request, provide ;lt,~: AP with nnyAmeriean Red Cross ~ materials for use by the AP in. prorating the Courses. 2.0 Respon~bilities of the AP: 2.1 Identify.qUalified instructor eandidates to be ~ and au~ as ~.a~d inform the Chapter July 2003 Agenda Item No. 16D3 April 27th, 2004 Page 4 of 12 when.it becomes aware of any modifications that should be made to.~dix B. ¸2.3 prerequisites, objectives, and ce~fication requ~ts :receiVe ~e, an'Red Cross :~fi~,es~ " 2.4 Reimburse the Chapter for re~aining of Course Pnrticipanta ~ ~t to ~ 1;9, ::~ e,0st-of tho!retraining Will be at the amount, equal to the published full Semite comract price:minus~ ~:0f books and materials the Course Participants-may already have. 2.5 provide payment to the Chapter within 45 days of an invoie~, dat~ units ~ise sp~ified in.A~ A. 2.6 ;Provide to the Chapter the names and copies of the.a~.~fany previously ~:~:=C~: instructors that are newto the APat least ten (t0) days before the =~ ~ a ~ in (mier for:the Chapter to ensure that such instructOr is quali~ to.be tho instructor. 2.7 Notify the Chnpter of dates, times, and ~ons for each CoUrSe ~i~ 14 days l~efore th~ ~':~ dato~ 2.8 Refrain from revising,: editinF~ or duplicating any ~.in:wholoo~in: ~ in~l~:.but ~.~Imi~to the Chapter. The AP un~ and agrees ~ all suc~ ~,materials must Chapter, or approved by tl~ ~r in advance ofpubl~om 2.9 Obtain the materials in quan~ sufficient for e~ch CoUr~ ~iP~t Co.m~ workbooks, textbooks and/or skills cards cannot be permission to do so is granted by the Chal~e~ m writing. A~ Pr0viders ~uctingtralnin cards for mo~ fl~n on~ Cour~ ~ipant 2.10 Maintain r~sponsibility for'the equipment and promptly r~mm sUCh equipment to the Ctmp~r:in ~ same condition the equipment was received by ti~ AP. The~ ~1. be ~ible for ~.~ of any such equipment while in the: ~on of the AP. Upon receipt ~i~ of the equi~, the 'AP shall report to the Chapter any equipment in need of service, repair, or replacement 2.1: ! Be responsible for all claims and liabilities of any namre.~~.~ ~.of nn AP o~.Red Cross Com~. Red Cross insuran~ do~s not extend to the ~:or i~s.ir~, ~Ore, it is~;~ responsibility ofthe AP to obtain adequate instmme~ to eowr its op~oRs and Course instruction. 2.12 Dcsignat~ Mary Ellen Donner, R~rea~on Supervisor as a ~tative.oftheAP to act ns a point of contact to the Chapter at the nd~ and telephone number set forth ~ ~ion 7 .below mad notify the ~ ~ 30 days if that individual changes. In the ~vent the AP has multiple facilities, the indivMuals set: fo~ in Appendix C shall serve as additional points of eonta~ Sulv 2003 3 Agenda Item No. 16D3 April 27th, 2004 Page 5 of 12 2.13 2.14 2.15 Provide classrooms and other facilities to teae, h ~the ~ that are ssfe~ conductor0 ~ and meet. thc Representative or a desqgn~e to inspect the Ai~s rem ar~ porsonal proporty usem mason .. perform random observations oftbe insttna~a:n~s during the provision of Co~-, Submit any literature or materials using th~ ~ and/or emblemof the Amexieam Red Cross to the Chapter for written approval before printing or distribution of such litexatu~ or materials. Encourage its i~rs to provide volunteer setvice~ for the An~riean Red ~. 3..0 Chapter Fee~: The Chapt~ reserves th~ right to change the.:fe~ co~ in A_m~endix A at ils sole disC~. ~ Ctmp~ will notify the AP a minimum of 30 days prior tothe ,~ve ~ .of-.a~ .y~:~uch ~ ohang~.'i~ ~.?f~is it has the right to Lerminate thc Agrecmcnt l~arstmnt to Se~tion S~. ChangeS to A~ A · '- :-Y other provisions contained within this Agm~tcnt. 4.0 $~ri~d~n of Agreement: This Agre~meat is limited to the geographical juri~ oftbe ~~ Red ~'Cha..p~w(s) ~ at the locations set forth below: L Cb~?er American Red Cross, Collier county chap~ Geograplc~al Ju~u (Couaty, o~,.~) Collier County Only 5.0 Term ~nd Termination: 5. I This Agreement shall commence on the effective date with automatic or~ ~t~.~ on the- renew at least 30 days prior to the ~ment of any renewal' ~ or unless'6~ sooner in accordance with paragraph 5~2 of this Agreement (the At any fane, either Party may terminate this Agreement with thirty (30) daYs written, dee terminating Party. 5.3 Upon tcn~fination of this Agreement, tim obligations of both Parties, incl~ but ~ l~ted.to th~ p~o¥ision of payment, shall rcma'm in effect until all scheduled Courses are 5.4 In the event of any termination of this Agreemextt, tho Parties are still obligated and committed to fOllowthe provisions of ,Sections 6, 7. 8. 12 and this P~ 5,4 ind~nitely. 6.0 l~mitation of liability: NOtwithstanding anything in this Agreement to the contrary, neRher Party shall be liabl~ to thg other loss or damage :arising as a result of breach, non-l~rformance or partial peffcamang~"of:its 0bli~ons:~ this Agreement du~ toany cause beyond that Party*s reasonable control and wifltout its faUlt:or ~! geese, 7.0 Notices: July 2003 4 Agenda Item No. 16D3 April 27th, 2004 Page 6 of 12 All .notices to'ira:hale a~ccs that eac~ Party is 'required to give to the other Party shall be given to each of the Parties in writing to tl~ natx~ and ~ as follows: If to the Chapter: Chap~ Name: Addre~: Attn: ~ Number: E-mail Address: American R_,nj Cross of Collier County 2610-Northbrooke Hm Dr., Naples, FL 34119 Rosemary Tersteg~e, Health, Safety & Community Servic~ Coordinator ffto the.AP: AP Namo: Attn:- Phone Numbex: Fax Number: E-mail Address: Board of County Commissioner/Parks & Recr~ation 3~00 Santa Barbara'Blvd., Naples, FL 34116 Ma~ Ellen. Doa~er, Recreation Supervisor 239-3~x~-7128 MarygtlenDon~er~colliergov~aet N~ of~inafio~ of this Agreement by either Party must be delivered by certified U.S. First-Class Mail, 8.0 Conf~len~ nnd Trade Names: 8.1 EX .~p¢ as ~ provid~ h~re~ e~h Pa~ shall maintain the confidentiality of all provisions of this A~nt W~ the ~r written consent of the other Party, neither Party shall make any press release or ~ ~ ~t of, or otherwi~, disclose, this Agreement or any of its provisions to any third Party:.~X~: ~ disclosures as may be req~ by applicable law or r~gulation; in which case the di~iosing Pm~ :shall l~ovide the oilier ~ with prompt advance notice of such disclosure so thc other Party has the opportunity, if it so desires, to seeka protecMve order or other appropriate remedy. 8.2 that thc~ logo and marks of the other Party reprc~nt valuable assets of that Party fromSuch other Party. 83 This: A~t:grants no rights in any .of the. AmeriCan Red C'mss or Cha~s Courses or C_otwse Materials or.other :intellectual prol~ to customer. 9.0 Entire.Agreement and Amendments:. 9. t ConC4aa!ing the subject matter hereo~ this Agreement constitutes thc entire Agreement between thc Parties 9.2 Tl~is Agreement. shall not be amended or otherwise modified unless both of the Parties affirmatively and unanimous!y ~ to such amendment.and/or modification in writing. l 0.0 Severabilily: In the.eVent any provision orthis Agreement is held invalid, illegal or unenforceable (any such provision, an "Invalid ProvisiOn") in any jurisdiction, tl~ Parties shall promptly negotiate in good faith a lawful, valid and enforceable provision. This new provision must be as similar in terms to the invalid provision as may b~ Agenda Item No. 16D3 s April 27th, 2004 ~utv2003 Page 7 of 12 - possible in order to keep with tho Mt~tion of the original Agre~menL I 1.0 Exculpatory Clause: It is understood and agremt that wh~rover in this Agreement the t~rm .Chapter~ is usocl it shall Chapt~s) of The Amerie~ National:Red Cross set forth in Section 41 that said Chapter(s) aro duly ~limt al1 obligations of h% 'ChaPter" under ~s Agreement ~Foe~u~_ by said Chap~(s) w~ ~ ~ any e;cnt to, o~ c~nn~tm~ National Red Cross or any unit ~f other !ban the 13.0 Assi~memt ~d Subcon~: This Agreement shall not be assigned in whole-or in part and no Party shall delegate, or subcon~ all or ~:of'~' duties und~this Agreement without tl~ prior written consent of the other Party. ~s A~ment as of thc Effective Daie; AUTHORI~:PROVIDER ~PRES~ATIVE SI~ATURE: : .... DATE: PRIN~ NAME: R~T~o . Coordinator E-~IL: h~mcast-net C0unty Florida [239~3534)404 ~:i~T E:. BROCK,;, CLE~ July 2O03 Agenda Item No. 16D3 6 April 27th, 2004 Page 8 of 12 APPENDIX A COURSES, EQUIPMENT, MATERiALS AND FEES A. Courses: Water Safety, FA/CPR/AED, CPR/AED for Professional Rescm:r, and Lif¢~ Training B. Eqmpment and Supplies. ...... Equipment ...... Rental Fee ..... 'Per The ~oilier County chapter ~s not rent or,loan maniki~ ' " N/~ N/A ' equipment, books or supplies. , ........ C. Course/Instructor Mste~ts: ..... Item Deseription/Sto~k Number .... Cost' CPR/AED for Professional Rescuer Participant ~ ,~,,,,, [2)00, E~ Life~: T~g P~c, !lrmnt Manual 2S.00 s~ ~ vi~.~e~,,~ 20.00 '.' Longtel!ow's ~,i~s. Leader's,pack 14.00. Far W~'in the ~$.to:~wim :~$ '' Ea. W~:,~et~~,.r~,sCandidatC ~,',,t " 36-~' ~" :W~~ty ......... ; r~ ~ent ~cipant s Kit ~¢iPan~!i:iTB~k (Pkg'l 0) " ,. "" I~.00 F~, · ,-n°°k ........ FA:Skill ~ or'CPR/~ Skill .,Cards 6.00 Ea. D, Training Fecs: 10.00 PerSOn '~ to Swim Fees L00 Person [r,~e of~~r,,,c~] ~.,~m~.~r Co~ ~,~ , ~r. ,,C~, l!r~ equ!~ent rental Fees ........... E. Special billing or payment instructions (Option&l):Tax Exempt JuN 2003 Agenda Item No. 16D3 April 27th, 2004 Page 9 of 12 F, Addifion~ ~FvjCCS (Optiomd): N/A Agenda Item No. 16D3 April 27th, 2004 Page 10 of 12 APPENDIX B INSTRUCTORS Name ' Contaet information chapter of ' Current ' including Authorization Instructor address, phone and Autho~tion mail Mary Ellen Donner ' ' 3300 Santa Barbara Collier COunty water'safety & NaPles, FL 34116 FA/CPR/AED Richa~d'~alan 9955 Boca Ave N. Collier County ~' Lif~ Training, Naples, FL Water Safety, FMCPR]AED Bobby Allen 591 21 St. S Collier~ounty FA/CPR/AED, Naples, FL 34120 Water Safety, Lifeguard Training Bradi¢ Alien 591 21st St. sW' Collie~ County FA/CPR/AED~ Naples, FL 34120 Lifeguard Training J~::2003 Agenda Item No. 16D3 April 27th, 2004 Page 11 of 12 APPEND~ C MULTIPLE FACILI~' CON~I~A~S FacilitY Name ~nd Address' Contact Name' i Pho'ne Number 'Fax ~nmber '~.mail Addre~ · O°Iden'Gate~quati¢ & Fitness Mary Ellen Donner ..... '2~9-353-?128 ~lex 3300 Santa ~ Blvd. Naples; FL 34116 Spo C°mplex : Ooiden ~ Commumty Center Keith i.ars0n .... 239-455-2343 i MaX Hasse Jr. community Park Bradie Allen ' 239-348-7500 Connn~ Park ' "Vi~¢ Wilson 2~53fl669 V~. CommunitY Park jeanin¢ McPherson- 239~566-2367 Hogle July 2OO3 10 Agenda Item No. 16D3 April 27th, 2004 Page 12 of 12 EXECUTIVE SUMMARY Approve a Request to Apply for a Florida Communities Trust Florida Forever Grant in an Amount No Less Than $1,260,000 for Purchase of the Mar-Good Resort in Goodland Obiective: To use available grant opportunities to provide residents of Goodland and Collier County with a passive recreation area that protects and enhances natural and historic resources. Considerations: The Parks and Recreation Department has been approached by The Trust for Public Land to parmer on the purchase of the Mar-Good Resort in Goodland. The owner of the +/- 3-acre parcel would like to see the property go to public ownership. The Trust for Public Land and Parks and Recreation are cooperatively preparing a Florida Communities Trust Florida Forever grant application to aid in the purchase. Proposed development of the property will include a canoe launch, picnic shelter, rest room, greenspace, fishing pier, parking for ten cars, and a pathway. The owner of the parcel has found numerous prehistoric artifacts on site, and the Parks Department is currently investigating the viability of developing a small interpretive center on site. Fiscal Impact: Asking price for the parcel is $2,100,000. Maximum match that the Parks and Recreation Department will pledge for the purchase is 40%, or $840,000. Source of funds for the match would be Parks Impact Fees, but the match is currently unbudgeted. Parks and Recreation will not purchase the property if the grant is not awarded. Growth Management Impact: The Florida Forever Program rewards projects that demonstrate consistency with the local comprehensive plan. Purchase and proposed development of the-property is consistent with numerous directives of the Growth Management Plan, including Recreation and Open Space Element Policy 1.3.2, "continue to ensure that access to beaches, shores, and waterways remains available to the public." Recommendation: That the Board of County Commissioners approves this request to apply for a Florida Communities Trust Florida Forever grant for the purchase of the Mar- Good Resort on Goodland. Agenda Item No. 16D4 April 27th, 2004 Page 1 of 2 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D4 Approve a Request to Apply for a Florida Communities Trust Florida Forever Grant in an Amount No Less Than $1,260,000 for Purchase of the Mar-Good Resort in Goodland 4/27/2004 9:00:00 AM Prepared By Amanda Townsend Public Services Operations Coordinator Parks and Recreation Approved By Maria Ramsey Public Services Parks & Recreation Director Parks and Recreation Date 4/16/2004 11:38 AM .~pproved By Marlene J. Foord Administrative Services Grants Coordinator Administrative Services Admin. Date 4/1612004 3:43 PM Approved By John Dunnuck Public Services Public Services Administrator Public Services Admin. Date 4/20/2004 10:06 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/20/2004 12:14 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/20/2004 3:57 PM Agenda Item No. 16D4 April 27th, 2004 Page 2 of 2 EXECUTIVE SUMMARY Approve a South Florida Water Management District Grant Agreement for $26,300 for a Central Irrigation Control System in the South District of the Parks System Obiective: To conserve water resources while maintaining the highest quality park facilities at the lowest possible cost by utilizing available grants programs. Considerations: Collier County has been awarded a Big Cypress Basin Water Resource Conservation grant for $26,300 for the installation of a central irrigation control system in the facilities of the south district of the parks system. The South Florida Water Management District is the awarding agency. The Parks and Recreation Department will match the grant with $27,900. The project will involve the installation of a network of irrigation controllers and information storage devices connected to software residing on the County's computer network. The system will allow for remote control of park irrigation zones, monitor and report malfunctions allowing for immediate repair, and provide precise measurements of consumption. A significant savings in irrigation water use, and associated costs is anticipated due to the accuracy and efficiency of the system. This project will install the system at Golden Gate Community Park, Gulf Coast Park, Eagle Lakes Community Park, East Naples Community Park, and Bayview Park. If this project proves successful the Parks Department will budget additional matching dollars in FY 05 and reapply to the Big Cypress Basin during the next grant cycle for installation of the system countywide. Fiscal Impact: Total project cost is estimated at $54,200. The grant will fund $26,300. Staff has prepared a budget amendment recognizing grant revenue and appropriating match from the savings from a completed capital project. Source of matching funds is ad valorem. Growth Management Impact: This project is consistent with and furthers directives of the Growth Management Plan that call for conservation of water resources, specifically Policy 4.2.5 of the Conservation and Coastal Management Element, which states that the County will "Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are designed for water conservation purposes." Recommendation: That the Board of County Commissioners approves the attached South Florida Water Management District grant agreement and associated budget amendment. Agenda Item No. 16D5 April 27th, 2004 Page I of 17 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D5 Approve a South Florida Water Management District Grant Agreement for $26,300 for a Centra~ Irrigation Control Syslem in the South District of the Parks System 4/27/2004 9:00:00 AM Prepared By Amanda Townsend Public Services Operations Coordinator Parks and Recreation Approved By Mafia Ramsey Public Services Parks & Recreation Director Parks and Recreation Date 411612004 4:00 PM Approved By John Dunnuck Public Services Public Services Administrator Public Services Admin. Date 4/20/2004 10:07 AM Approved By Susan Usher County Manager's Office Senior ManagemenUBudget Analyst Office of Management & Budget Date 4/2012004 3:45 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/20t2004 5:19 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/2112004 9:09 AM Agenda Item No. 16D5 Apdl 27th, 2004 Page 2 of 17 ORIGINAL SOUTH. FLORIDA 'WATER MANAGEMENT DISTRICT This number must appear on all Invoices and Correspondence DG040615 NaPleS~ FL 34116 ~,ToWnzend ENTITY Exlu'bit "I" Not APPlicable Extul~it"J" - Not Applicable Exlu'bit "K" Not A~!i!mble Exhibit "M" Not APPlicable ' AGREEMENT TYPE: Firm Fixed P'~tce Msesl Y~r: Annual Budget Approve!, ' ",E~E~ DATE: :[aSt'~.Of'~on bv.~P~- ' K~y "' Dis~ct COnt~ AdVOCator: ' ' Fax No.. (561), ~2~397~ 061) 681~275 ~0uth Florida W~' Mauagement District )]Oi :Oun Clulii~oad A~ntion: ProcoT;~t Dcpar~*~nt COLLIER COUNTY BOO3 pARKS & lm~TlO~ 3300 ~m Tit]e: Si~ofAuthorized Representative Dat~. OWI6,tfl' E. BROCK, CLERK D~te: Fr~k H~yd~n, procurement Dlr~tor SOUTH FLORIDA WATER MANAGEMENT DiST~CT AGREEMENT EXItiBIT "A" SPECI~ PROVISIONS Th~p~e of'thiS E~bi! "~' is to. d¢!ineatc any and all vh~g~s, deletions and/or additions ~ the Exhibit "B" General In :~ e,,~nt of anY c~ict between ~..~oit "A" andany other :proViSion:.~pecified in' ~is Agenda Item No. 16D5 April 27th, 2004 Page 4 of 17 Exlgbit "A" Special Provisions pagc I ell SOUTH FLORIDA WATER:MANAGEMENT DIST~CT GENERAL TE~'ANDiCONDITIONS ARTICLE 1 - STATEMENT OFWORK 1,1 Thc ENTITY sha!l,/:to the .~tlon 0f"lhe as Exhibit C" and ma& a ~ of'~ AG~. 1,2 As part Of the se~'to ~i:~vi~d by the ENTITY und~ thi~ ENTITY shall also be required to"s~tantiai6 any and all work completed, inc~ bu~ not limited to, work compkted by su~~rs~ assistants, models, concepts, analytical theOri~ 'co~te~. programs and conclusions utilized as t~ basis f~r rmal work product-required by the This paragraph shall sun~iv¢' th~-expiration or t~-rninatiOn of this AGI~EMENT. 1.3 The parties agree that lime is:ofihe.:~,s~ in the p~ffo~e of each a~.~,erff obligation tmdm' this AGREEMENT, ARTICLE 2 - COMPENSATiON/ CoNSm~RATioN 2.1 The: ~ consideration fo~ all wo~ rg~! ARTIC_,I.~. 3- INVOICING AND PROMPT ~:,2 ~:E~ slua! submit the invoice,. ~- o~..-~ ~e'. Pa~t -~; ~liv~lc ~v~l~ b~ ~ ~ic~ ~ s~5~ April 27th, 2004 Page ! ~9, E~it"B" Page 5 of 17 ' ~"~ ~ ~¢1 ['11' '~l~ fl'Il ....... EXHIBW 'B" GENERAL TERMS AND CONDITIONS of approved timesh~ payment vouchers, :expense reports(including approved travel costs, if applicable), receipts lind ~ntractor inyoices. Any authorized travel slaal! ti~ rci~ed in accordance with Chapter t 12~ FlOrida Statutes. ARTICLE 4 -PRO.CT ~AGEMENT/ 3.3 It is the policy of the DISTRICT that payment for all goods and services shall'be made in afimely manner and that interest paymer~ are mad~ on late payments. In accordance with Florida S~atut~s, Section 218.70, Florida Prompt Paymeat Act, a "proper' invoice is 'defined as an invoice fl~at conforms to all staiutOry requirements and all DISTRICT requirernent~ as sp~cifh:d in Lhe AGREEMENT for invoice subrr~ssiom The tirma! which paymen! shall b~ 'due from the DISTRICT shall be forty-five (45) days from receipt' of a proper invoice and acceptance of sexv~ and/or deliverables, based on compliance with the' statutory requiremenis set fo~hin Section 218f/0, F.S. and upon satiafaction Of th~ DISTInCT condifiom as Failure of the ENTITY:to:follow the inam~ctiom S~- forth in the AGREEMENT regarding a prep~ invoice and acceptable services and/or deliveraMcs may result in an unavoidable delay in payment by the DISTRICT. All payments due ffom:.the DISTRICT for a proper invoice and acc~tablc_s~rviccs an~or deliverables and not made within the time: specified in this section shall bear interest from ~ (30) days after the due date at the rate of one: ~ent (1%) per mouth on the tmpaid balance. The ENTITY shall invoice the DISTRICT for payment ofany accrued unpaid interest. Any disputes _regarding invoic~ payments which cannot be resolved by"thc appropriate, department of the DISTRICT shall be. conclud~l by final written decision of the.DISTRICT Leadership:Team not later than sixty (60) days after the date on which the proper invoice was received by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation, or CXl~nditur~ made by the ENTITY prior to the conaiiencem~nt date of this AGREEMENT. ~/~ ,nention. of fl~-D~~S C~:Speci~!i~ ~fied on ~he coVedsigmtur~ page. of flae oftbeAGREEMENT. ARTICLE, S - IND~CA~TION & INSURA~C~ 5.1 For. value _~eived, ~h: is: I~eby ~, ~,. ~, :~.:. ~:~ ~ ~ ~'to~:~bte:,~* f~, B~~~ s~lt' ~Vo'~ ~'m :~o~e ~1 April 2Yth, 2004 Page 2 ofg. E~it "B" Page 6 of 17 Co~ct o~10/~ IIII I SOUTH'FLO~DA WATER MANAGEMENT DISTRICT EXHIBIT "B' GENERAL TERMS AND CONDITIONS the event the DISTRICT is named in any l~gal action. .Thc ENTITY .further ac~w~gcs that it is solely c0mp~ of i~. ~PPli~rs, a~ents, assign_, ~Vi~.and..~lo~ with the tm'ms of this exp~lion-~;~ti0n of~_~ AGREEM. ENT~ coverage re~ at a :~ the l~mits and coverage conditions identified on thc DISTRICT's Ia,mrence Requircn~nts, aUached as Exh'bit "ii" and made a ~ofthiz AGREEMENT.. Thc coverage ~ shall exmxi to all employees and subcontractors 0f~t~ ENTITY. Prior to thc execution D~CT fo~ aP~a, .~icaanS the prodder, ~. and..e~ and expiration dales of' each ~ of coverage required. The Certificat~ of ~ Shall be signed by Ihe imurance carrier's auth~ reixescntative and shall identifY ~ mS'CT as added insured as required. 5,3 All insurers must be qualified to lawfully conduci bUsiness in thc State of Florida. Failure of the DIb~rRICT to notifY thc ENTITY that thc ~te Of ~e does not meet the ~GREEMFRFr requircanents shall not constitute a waiver of the ENTITY's r%pons~ility to mc, et the stated ~ In addition, receipt and aC~c Of thc cenificme of insurance by the DIS~CT shah .not relieve the ENTITY from reSpensibilRy.fOr adhering to the insurance lirniis and conditions Of .insurance required within this A~MENT; Misrepresentation or any material ta~ wh~er '~onal o~ ~% ~gardm ~ E~'s ~ coverage, pelicics or capabili~s~ imay .be grounds for termination of the AGREEMENT as determi~d solely by the DlgrmCT ARTICLE 6 - TERMINATION/REMEDIES 6A h is the policy of thc DISTRICT to encourage good business practices by requiring con,actors to materially perform in accOrdanCe ~th: the terms and conditions of the D~CT AGREEMENT. In ~Cc0rdance withD T Rule 40E-?, Part II, F.A.C., "ma~ b!~a~.',i: is defined as any substan~a~ uncxcused non- performance by fail/ng to perform an.act that is an impoU~nt part of the transaction or performing an a~t incomistent with the ~ and conditions of~ the AGREEMENT; If the ENTITY materially fa/Is ~o fulfill its obU~ations ~r t~s A0~~; DISTRICT wilt provide written notiCe of tl~ deficiency by forwarding a Cure Notice citing: the specific nature of the material breach. Thc ENTITY shall have thirty (30) days to cure the breach, ff ENTITY fails to cure the breach within the (30) day period, the DISTRICT shall issue Termination for Default Notice. Once the DISTRICT has notified thc ENTITY that it has breached its AGREEMENT: with the.'DIS~C~l?; by sending a Termination for DefaUh NOtice, the DISTRICT's Governing BOard shall whether the ENTITY should be suspended ~om doing future work with the DISTRICT, and ifs0, for what period of time. The DISTRICT,s-G°Verning Board will consider the factors detailed in. Rule 40E- 7, Part II, F~,.C. in making a detcrmJ~n~tion as to whether a ENTITY should be suspended, and if so, for what period of time. Should the DISTRICT terminate for default in accordance with this provision, the DISTRICt shall be entitled to recover reprocurement costs in addition to all other ieo~dies under law and/or equity. The DISTRICT may terminate this AGREEMENT with or without caus~ at.any ~ for convenience upon thirty (30) calendar day~ wrinen no~e to the ENTITY,. 'Thc perf~ of work Und~ th~ AGREEMENT may be ~etmlr~t~ by the DISTRICT in accordance with .this clause in whole, or from firae to time in. part, whenever the DISTRICT shall determine that such termination is in the best ~ of the DI~IICT. Any' such temination shall be effec~ by delivery to the ENTITY of a Notice of Termination spec~§ the extent to which perfonlmr~ of work April 27t~, 2004 Page 3 ofg, Extu'bit 'B" Page 7 of Contrac~ File:~mtity. doc 02/10/04 'EXHIBIT "B' GE~RAL'TERMS AIND CONDITIONS such t~nimfion becomes cffe~ve. In thc event Of termination for corncenieacc, tl~ DISTRIC~ isl~l ~te th~ E~ .:fo~ all aufiloriZ~ a~ accepted de~Ies~ Exhibit C, Stat~rien~ ofW0rk. T~D!SlrRI~ shall including but not rtmited to lost Pmfiis and consequential datmges, u~xler this The DISTRICT may: withhold ali ~ to the ~ for such vaxk until such liuie .as the DISTRICT determines thc exact amotmt due to thc ENTITY. 6.3 In the:event a dispute arises which the projec! trina§ers cannot resolve between thems~Yes, the parties shall have the option to Submit to no~indin~ mediatiOm The. mediator or ~tors shall be of thc mediation. Shall be.IX)mc cqua!ly by~tl~ i ):; Paflies. The m~iation process shall, be confidential to the extent permitted by law. 6A The DISTRICT may order'that nil.or part ortho work Stop ffcirCumstances dictate that this ~n is in ~ DISTRt~s best int~est. Such circtm~tanc~ may include, but arc not limited to, ~ tedmi~-developments, di~ction ~ Dl~s Governing Board, a condition of ~'ti~ of-dama~ to cqu~'or ~. provision ~1I not Shift rcspon~'bJlity four loss or ~ge, hiCluding but not limited to, 10St pipits or ~~ial damages sustained as a ~ of sueh ENTITY in writing to stop wort as of a certain date axed ~ lt~ r~asous for the action, which shall :not be :arbitrary or capricious. The ENTri~ ~ll. then be ~ligated to suspend all work effom as o~ ~e eff~-tive date of tl~ notie~ a~d until ~ written ~irection from. the.DISTRICT is received; Upon.~tion of work, if deemexl .appropriate by the D~-'T~CT, the DISTRICT shall, initiate an ~m .to this &GREEMENT to reflect any changes:to 'ExtU'oit Statement of Work and/°~ the project schedule. 6;5 ~ DISTRICT anticipates a total project cost as indicated on the. cov~r~sig~tu~c: page~..~th...:!th¢ balance 0f mate~::Tfands.~or ~.~i~s. to: be obtah~Cd From: ~:.~NIITY .in :a~unt as unavaiieble,:= that gbg!! be:good and ~Cient for tl~ DI~ ~-t,.ate the= AGI~EME~ pursuant to P~h-~2 ARTICLE 7- RECORDS RETENTION/ OWNRR~HIP 7.1 The ENTITY shall maintain :~ecords. and file DISTRIC~ shall' have :~fion :and a~ ~ as. folloWs: C. Disput~s~ la th~ evgnt ~t ~ ~l~d. ~ ,a ~gal for ~l:~r~ ~ to ~l ~~ of ~ 1~ ~te, a~ aH s~h r~r~ DI~, 7.2 The DISTRICT-shall retain cxclusiv~ title~: copyright and~other propde~'dg ~L-in at! April 27th, 2004 Page 4 ofg, Exhibit "B" Page 8 of 17 Contract Fil¢:~nfity. doc SOUTH FLORIDA WATERMANAGEMENT DISTRICT EXHIBIT 'B" GENERAL TERMS .AND CONDITIONS reports, research notes, s~icntific data, computer pmgranr,, including the source and object code, wltich.a~e developedi c~eatedor otherwise originated hereunder by the .ENTITY, its subconWactot(s), assigtt(~), ag,~e~n~s)-and/or successor(s) as ~equhvd by the EXlU'bi~ C,, Slatement of Wol (th~ "W~rk"). In consi~tion for the D~TRICT entering into this AGREEMENT, and other good and valuable consideration ~ sufficiency and receipt in full of which is hereby acknowledged by the ENTITY, the ENTII~ hereby assigns, transfers, sells and otherwise grants to the.DISTRICT any and all fights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the Irarfies hereto, however the ENTITY agrees to execute and deliver to the DISTRICT any further assignments or other insh-,unents necessary to evideuce the Grant, without the payment of any additional consideration by the DISTRICT. The .ENTITY may not disclose, use, license or sell any work developed, created, or otherwhe originated hereunder to any third party whatsoever. This paragraph shall surv~e the termination or expiration of this AGREEMENT. 7.3 The ENTITY represents and warrants that proprietary sottware, if any, to be provided to the DISTRICT by the ENTITY hereunder, as specifically identified in Exlu'bit "C", Slatemem of Work shah have beea developed solely by or for the EWI'ITY, or lawfully acquired under license from a third party, i~hdiag the rigla to sublieense such software. The ENTITY shall include copyright or pwprietary legends ill the software and on the label of the medium used to transmit the software. The ENTITY shall grant to the DISTRICT a perpetual, non-wansferable, non-exclusive right to use the identified sot~vare without an additional fee. The DISTRICT acknowledges that title to the soPv,rare identified in Exhibit "Cn shall remain with the Licensor. 7.4 Any equipment purchased by the ENTITY 'with DISTRICT funding under this AGREEbIENT sball be returned and title Wansfcrred from thc ENTITY to the D~CT imi~iediately upon termination or expiration of this AGREEMENT upon the wriltea requ~st of the DISTRICT not lc.ss man ~ (30) days prior to ACREZMENT expiration or termination. Equipment is hereby defined as any non-cOnsumable items purchased by ~ DISTRICT with a value equal-toot greater-than $500.00 and with~ a ~1 ~ liCe. of one (i) ~n~ar..or more. ~ Zm'lTY ~ ;~'aav such ~~ in good working co~on whil~ :in its possession and will return tim ~quipm~mt to the D~CT in good condit/on~ les~ .normal weax and tea~. The ENTITY will use lis bes! efforts to safeguard the equiplneat throughout gae period of ~mmance of this AGREEMENT~ However the DISTRICT will not hold the ENTITY liable for loss or damage due to causes beyond the ~Y's reasonable control. In the event .of loss or damage~ the ENTITY shall notify thc DISTRICT in writing within five (5) working days of such occurrence. 7,5 The DISTRICT has acqu~ed the right to use certain software under license from thkd pastiest: For purposes of this AGREEMENT, the D~CT may permit the ENTITY access to. certain third party owned software on DISTRICT .computer syS~,as. Thc ENTITY acknowledges the pmPrie~ nature of such sol~are and agrees not to reproduce, dislribute or disclose such software to any third party. Use. of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is protfibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8. I The ENTITY, ils employees, subcontractors or assigns, shall .comply with ~1 applicable federal, slate, and local laws and regulations relating to the performance of this AGREEMI/NT. The DISTRICT matertakcs no duty to ensure such compliance~ but will such laws of which it has present knowledge. 8.2 The ENTITY hereby assures that no person shall be discrin~ated against on thc grounds of race, cOlOr, creed, national origin, handicap, age, or s~x, in any activity under this AGREEMENt. Thc ENTITY shall take all measures necessary to effectuate these assurances. April 27th, 2004 Page $ ofg~ ~it "B" Page 9 of 17 Con~act File:~cn~W.d~ 02II~ SOU FLO--RIDAWATER NAGEMENT DISTINCT 'B' GENERAL TE~S ~D CONDITIONS ~ andmat~riaL~ in accOdaa~ with ~ ~io~ of~pter 119, Hod~ S~t~. S~uld ~c 119 ~ ;~ ~, ~e ~ of ~f ~ ~vi~~ ~ ~w, 's~H be ~n me 8.7;1 Pursuant to Sections t19.07(3Xo), and 240.241 Florida statutes, data processing sof~ar¢ -obtained by an agency under a license agreen~at ~d~ 'se~et, as defined in Sections slz.ost~c), Florida Statute~ is exempt from thc disclosure provisions :of !1~ Public Records law. However, thc ~s her,-to agree that if a request is made of the bi~-RtCT, pUrSuant to Chapter 119, Florida Statute, for public disclosur~ of proprietary property being liCensed'to the ENTITY (Licensee) hereunder, thc DtSI~CT shall adVis~ the ElVTITV(Lice~ee) of E~ (Liccnsee), it shall be thc ENTITY s (L/cense~s) sole burden and rcsponsibiUty to _~at~ly seek and obtain such injunctive or other re~l/g~' from the Courts and to immediately serve not/ce bf the sa~- upon the Licensor to protect the Liccnso~/chimed cxcmption under the Statute. 8.8 TI~ ENTITY shall make reasonable cfforts to obtain any necessary federal, statc, .local, and othc~ govctnn~tal approvals, as well as all ncce.~ary p/ivat~e authori~tions and ~ts~ prior to thc ~o~t of performance of this AGREEMENT. A delay in obtahting penrfits shall no~ giw ~ to a claim by tbe ENTITY for additional compensation. If the ENTITY is unable, to ol~ain all necessary po'mits in a 'timely manr~r, either party may elect :to terminate this AGREEMENT, each party to :bear its own costs, notwithstanding olher provisiOns'of~ AGREEMENT to the contrary. 8.9 ~ to.S~ction 216.347, ES., the ENTF~.Y is pr°h~il~d tom ~: e~i~e of ~y ~ ~ ~ AG~~ ~ lobby ~ ~gish~e, ju~ifl ~h or ~ s~ ag~y. 8.10 ~ DIS~ is s gove~n~ ~fi~ r~lc for ~g a public s~i~ Apdl 27th, 2004 Page 10 of 17 ~it ~" Con.ct ~flc:~n~.d~ 0~101~ SOUTH FLO~DA WATER MANAGEMENT DISTRICT EXIHBIT "B" GENERAL-TERMS AND CONDITIONS goals and objectives of thc a&¢ncy. The work under this AGRF~ involves a project con~tent with these goalS and objectives. Consequently, the D~CT :'isthmus of ~atiSfact0rily completing and succeSSfully promo~g .this :project ~ ~ eoop~ration Of its ENTITY. TherefOre, as the DISTRICT'S ENTITY for this proj~, the ENTITY assures the DISTRICTtI~t the ENTITY, its employees! ~n~actors and-aSsigns .will refrain from acling adverse to 01e DISTRICT'S legitimate interest in promoting the- goals-and objectiv~ of this project. The ENTITY agr~ to take aH ~asOm.. bte measures necessary tO ¢ffeCtuat~ 'the~e assurances. In the event the ENTITY determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to h~m~diat¢ly notify the DISTRICT. Upon such notification th~ DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 - RELATIONSHIP BETWEEN T~.PARTIES 9.1 The -ENTITY shall be comi~ an comidered an ~p~y~ or agent, of the o~r party. Nothing in this AGREEMENT shall be imm-pretvd to establish any tehtionship other than that of n~pecfive employees, agents, subconWactors, or assigns during or after the perfomance on this AGREEMENT. BOth parties' are fr~e m enter into 9.2 In the cvent that the ENTITY is providing staff who. will be working on-site at DISTRICT facilities, it is further understood that the ENTITY shall be the employ~ of the staff provided pursuant to the AGRggMENT for all purposes under state and federal l~w and that the ENTFFY's staff shall not be elilp'ble for any benefit programs the DISTRICT offers to its employe~. AH b~nefits available to the ENTITY's ~ff Shall be exclusively provided by the ENTITY or by the ENTITY~s employee. The ENTITY is solely respot~ible for comprmnce with all labor and tax laws pertaining to officers, agenls and DISTRICT harmless ~n any failure by the ENTITY to comply with SUCh taws. The ENTITY's duties with page 7 of 9, Exhibit "B" respa[ to such personnel shall include, but are not limit~l to, thc follo~g: 9.2.1 Billing~ cOllectiOn, payroll services and tax ~!ding, and any other related services 9.2.2 Providing insurance coverage pursuant to Atli¢le :5of this AGREEMENT. 9.2.3 Provid~g any ami all employment bcnefits~ including, but not limited to~ ammal leave, sick leave, .paid holidays,: health insuratw, e, ~tirement ben, fits and disabilitY ~. 9.2.4 Complying with the Fair Labor Standards Act, 29 U.S.C. 201, ct. seq., '~luding payment of ovoih,~e in accordance with the Act. 9.2.5 Providing employee tr~inin~ for aH aCfivi, tie~ necessa~ for job ~f~, exert ~e ~om ~t a~ ~ue m ~ DI~, ~ ~h ~ DI~, ~ i~ sotc j~t ~ d~o~ ~y pm~de'~. 93 u ~ ~ ~t and ~~g or that ltais AOREEMENT is so!ely for the benefit oftl~ EN'ITrY and the DISTRICI'. No per~n.or enti~, other than the ENTITY or the DISTRICT shall have any rights or Privileges und~ this AGREEMENT in any capacity v&a~so~vrr, either as third-party 9,4 The ENTITY shall not assign, delegate,, or otha-w~ refer its rights ~ obligations as set fomh ~ ~ AGRK~ without ~ prior written consent of ~ DISTRtCT. ,,amy attempted assignment in violation.of this provision shall be void. 9.5 The ENTITY shall not pledga-thc DISTRICT's credit or make the DISTRICT a guarantor ofpaym~nt or surety for any con~act, d~ obligation, judgement, lien, or aw] form of indebtedness. 9.6 The DISTRICT n.~ no duty with regard to ~ ~io~ o~: z~vrrrr and ~ r~-nx~ sha~ remain solely responS~Ie for cOmplianCe with all safety requireraents and for ~ safety of all persons ~ property at the site ofconiract performance. Agenda Item No. q 6D§ April 27th, 2004 Page ~ ~ of q 7 Contract Filc:k'ntity.doc 02/1tl/04 SOUTH FLORIDA WATER MANAGEMENT DIST CT EXHIBIT "B' GENERAL TERMS AND CONDITIONS ARTICLE 10 - MBE PARTICIPATION 10A ~ ENTITY h~eby acknowledges that no however~ both parties agree to pro~d¢ the other · ~t'.from this AGREEMI~T along w~fll lim~cs fo~ pabtk notice and award-of such.contracls. In thc c'~nt subsequent competitive contract awards do ~t in MBE ~cipation, Such parti¢ipa!ion shall · the-DISTRICT will emuxc compl~nce yam pr~Ons of thek respective program, laws. of~s and policies and will support the others ipitiatives tothe extent allowed by law. ~TICLE 11 - GENERAL PROVISIONS ~Id: liable, for.any faihtre or(leisy in tbe perfonmnce ~:!this AGREEMENT that a~,ses. ,om' :~. w~a!lEr, oudxca~ of war~ ~'aint ot ~~ riots, civil commotion, fotc~ maj~u~, act o~God, ot for-any ~ cause o£'the same chnraaer -~is unavoidablc:~u~_~gh the :'exercise of duc care and beyond, the control of the. paflies, Failure to. perform shall 'be ex~used during ~ continuance ~ ~ennain in effccL This ~ision Shall not ;~ 'if the "Statement of Work" of this v. .ENT perro e by Ep~ is. specific~y ~ durins the of any of lira c-vents h~:in mentioned. 11.,2 Any ~ist~n~. in ~ AGRgEMEI'~r shall be resolved by givi~ ~ in. the followir~ ord.. (c) ExhFoit'~' iS~ of Work (d) all othe~ exhibits, attactuai~rgs'and documen~ specify incolP°rated herein by refercnce Failures or waivers to insisi on strict i~rformance of any covemnt, condition, or provision of this AGREEMENT by thc Parties; thek successors and assigns Shall.not:be deemed a waiver of any of its rights or remedi~, nor shah it relieve'thcofl~.:party eom' per~om~S. ~y~~t ~ with the t~m of this AGI~EME~, :-No Waiver ~i be effective unless in writing by the party a~inst Wbom enfomem~nt isls°ugl~ S~h waiver shall be ~d to proviSiOns of AGREE1VtKNT specificallY referred .to g~ and shall notbe deemed a waiver of any oth~ provisior~ No waiv~ shall-constitu~ a coutinuing waiver uuless llA Should any term or provision of this AGREEMENT be heM, to any extent, .invalid or uneitt'oreeable, as against any person, entity or drcur~tance during, the term hereot~ by force of any statute, law, or ruling of any forum of comp~t~t jurisdiction, such invalidi~ shah not affect-any other ~ or p~ovisiou of this AGREEMENT, to th~ ,rxumt that the AGREEMENT shall remain operable~ enforceable. ~ in full force and effect to gie ext~t penniUed by law. 11.5 This AGREEMENT may be '~ only wilh the written approval of the parties hereto. il.6 This AGREEMENT states the entire under- standing and agreerntmt between the parties and supersedes any and all written or oral representations. slalernen~ negotiations, or a~tS pr~vi0uslY ~g be~.tl~ paflies with ~csp~ m ~e~j~ matter of this AGREEMENT. The EN~' recognizes that any reprcsentatiom, stat~"nls or negotiatiom made by DISTRICT susff do riot .suffi~ to legally bind thc DISTRICT in a contractual relationship unluss they have been reduced m wriling and .~ign~l by an authorized DISTRICT repre,~tafive. This AGREEMENT shah inure to th~ benefit of and shall be binding upon thc parties., their respective assigns, and successors in interest ARTICLE 12 - SAIaETY REQUIRE1V[ENTS 12,1 The ENTITY shall r~quirc appropriate personal protective equipment in ali operations where ther~ is eXl~Sure to hazardous condilions. Page 8 of 9, Exlu'oit "B" Agenda Item No. 16D5 April 27th, 2004 Page 12 of 17 Contract File:~entity. doc 02/10104 -'- ~% "i':~:~:: '-: ~ '~-~;~:::::::'c:~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT 'B' GENERAL TERMS AND CONDITIONS '12~2 The ENTITY .shall instn~t emplOyees required to handle or use toxic materials or other ineasures. A Mat~riat Safety Data Sbect (MSDS) shall be provided by the ENTITY to 1fie DISTRICT on' each Chemical product use& 12.3 The ENTITY shall comply with tl~ standards and telp!ations set forth by the: Occt~tional Safety and Health Admi~i~trati0n (OSHA), the Florida Department of Labor and En~loyment Security and ali o~her appropriat~ federal, state, local or DISTRICT safety and health standards. 12.4 It isthe ENTITY*S sole duty to provide sate and heaRhfifl working Uunditions toils emp!o~ and those Of the D~CT tm and about tl~ site of A¢;~NT perrorman%, 12.5 The ENTITY shall initiat~ and maintain an accident Prevention program Which shall include~ but shall not be limited to, establishing and supervising pm~ f0t ~ education and ~ of ernpl0yces in the. recognition, 'avO~e; and PrCventiO~ of unsafe conditions and acts. 12.6 The ENTITy shall erect and maintain, as required bY ~'xisting conditions and performance of the AGRE~NT, ~lc safe~, for'safety 0f and other ~, a~t 12.7 Thc ENTITY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 12.7.1 omployoes on the work and other persom who may be affected thereby; including pedestrians, VisitOrs; or traveling public; 12.7.2 ihe work, materials, and equipngnt to b~ incorporated therein; whether i~ storage on or off thc site, under care, custody or control of thc ENTITY, orthe ENIII~'s subcontractm-s; and and equip~ not designated fOr removal, ~elocation or reP!accment in thc course of work. 12.8 The ENTITY shah provide, first aid services avl medical crc tO its..emploYees. 12.9 The ~ sh~ll d~elop and. maintain an effective fke protection ~'prevention ~dures and good housekeeping :practices on the. work site throughout'~ 12.10 Emergencies: hi emergency affec!in~ safety of ptn'sons or prolgrty on or about the site or'asa of t~ work; the~TY due diligence, to prevent threatened damage, injury, o~ loss. 12.11 Environmental'. When the ENTITY, EI',~I'ITY's COntractors, or sUbc0nt~actors, usc pe~o/leum products, haza~ous chemicals, or any .other .chemicaLs used on or abOUt :the-.Site, the chemical conslimenls in. acc~rd~e ~"f~ra!, s~ate .and, local rcguintions, during: the ~rrm of th~ AGREEMENT. For a¢,idema! ~s or releases onto the floor, air, gr0~d, s~eWaters, groUnd waters, it shall be ihe ENTITY's sole rcspons~ility to respond immediately to .clean the silc, at his expense, to thc complete satisfaction of fcdcral, state, local regulatory agencies and to the DISTRICT requirements. 12.12 Ti~ DISTRICT may order;the ENTITY to halt operations under the AGREEMENT, at the ENTITY*s expense, if a condiQOn of ~te danger to the public and/or DIS~C-'T cmpioyCes, equipment, or property exist. This provision ~halt not shiR the responsibility or risk of loss. for injuries or damage sustained from the ENTITY to the DISTRICT; and the ENTITY shall remain so|cIy responsible for compliance w/th all federal, state arid local safety r~xtuirements,, proV/sions of this section, and safeiy of all persons and'property on or about the s/te. 12.7.3 otl~r properties at the site or adjacent thereto; such as uecs, shrubs, lawns, walks, utilities, pavement, roadways, structures, tmilding, vehicles, Pag~ 9 erg, Exhibit "B" Agenda Item No. 16D5 April 27th, 2004 Page 13 of 17 Contract FilcAentity.doc 02210/04 EXHIBIT "C" STATEMENT OF WORK STATEMENT OF WORK Introduction Collier COunty Parks and Recre~on. :Dcpamn~t maintains 44 ~ :'sites COmposed of over 1100. acres of land. Among.those ithedepartment has 28'ball'. fields (little league, soft- and b~ball) and 14 soccer .fields; Maintenance of the Bermuda ~s fields in playable condition, as well as 'keeping gener~ park grounds safe and attraCtive, is vital to the service Parks: and ReCreation pro,des to the public. The department makes every effort to . conserve water resources while maintaining high- quality faCilities. Wherever possible, effluent water is used for irrigation, and maintenance personnel are trained in the Florida Green Industries 'Best Management Practices for Protection of Water Resources. As a significant step toward this end, the:.department is proposing the installation of an Imgation Central Control Management (ICCM) system. A network of 'irrigation controllers and information storage and communication devices will be .installed and connected to software residing :on the County's computer network. The system will allow for remote control of all park irrigation zo.'nes, monitor and report malfunctions allowing for immediate repair, and provide for precise measurements of consumption. Scope. The proposed project is the first phase of thc installation of a countywide ICCM system for park facilities.' In. this phase the central control software will be'set, up on the County.s' ' computer network, and irrigation controllers and information storage and communication devices .installed at the facilities in the South District of the park system. The parks in the South District :include East. Naples Community Park, Bay~ew park, Eagle Lakes Community Park, Gulf Coast Community Park, and Golden Gate Community PR ,,W, ork Breakdown Structure Prgject Elements WireIess remote irrigation controllers wilt be installed at each park site, and controllers that also serve as information storage and communication.deviCes will be.installed at parks sites strategically located to form a communications network that will allow two-way transfer of information. Irrigation controllers will be able to report data to the central control software and the software will be able to issue commands to the controllers. Within the South District of the County Parks system, wireless remote controllers will be installed in two locations at Golden Gate Community park and in two locations at East Naples Community Park, Controllers that also serve as Agenda Item No. 16D5 April 27th, 2004 Page 14 of 17 Exhibit ~;' Agreement No. 0G0~0615 Pagelol3 information storage and. communication devices will be installed at Golden Gate Community Park, Gulf Coast Community Park, Eagle Lakes Community Park, and Bayview Park. This phase of the system will control irrigation for 9 ball fields and 4 soccer fields, as Well as all irrigated landscaped areas within the affected parks. ProleCt ~lustlfii a on :COllier:County ~spOrtafion Landscape :Services operations currently employs '~ 'ICCM s~fem 'for'fi~i:maintenance of ~,,a~way me.ans.. An analysis conducted for the P~hase of'that, system reported ~'an industry-wide finding, based upon manufacturer's literat~, cOmmuniCations with irrigation contractors, designers arid system users, .that an ICCM system with two-way commUnication abilities can produce savings from 50 to 80 percent, in irrigation water use, labor costs, water costs, and associated irrigation controller maintenance costs." Contemporary ContrOls-.and Communications, Inc,, the vendor selected to provide. the icCM system for TranSportation Landscape Services Operations, reports that most of its clients see a 40 percent reduction in water usage with the use of an ICCM system. Pro jet,Benefits Contempca'arY Controls. and Communications, Inc., the vendor who will provide the IC~ sYstem. 'reports that most of its clients see a 40 percent reduction in water usage'With the use.of au ICCM system. The parks-~thin the South District as composed of 120 acres, 24 acres of which make up sports fields in heavy use. The sports field acreage alone requires approximately 41,~ gallons of water per day in addition to Southwest Florida's annual rainfall for proper maintenance. The proposed prOject will allow the Parks Department to closely monitor water usage, thereby conserving the resource and reducing the deleterious effectS of overuse, such as feMlizer run~off.' PrOblems such as broken sprinkler heads that lead to overuse Will be identified and corrected more quickly. The ability to conserve will be especially significant in the case of Bayview park, which does not have any- sports fields but which is one of the few parks, within the system that use :pOtable water. ~gati.on sources for the other parks in the South District 'are :'a folloWS: Eagle Lakes, effluent; East: Naples, lake; Golden Gate and Gulf Coast, well). The technology that was employed for the irrigation systems of Collier County parks was the best avaiIable :at the time the parks were built, but the installation of an ICCM-system will have a considerable impact on the department's ability to serve the people and the environment of Southwest Florida to the best of its ability. Exhlb~'t'c' Agreement No. DG040615 Page2of3 Agenda Item No. 16D5 April 27th, 2004 Page 15 of 17 ~tion Re contracted vendor, Contempo!m3t Controls and Communications,.Inc., Will necessary IrriNets andScotpios at.'the following locations: East Naples CommmtY":park 3500 Thomasson Drive;Naples Bayview Park terminus.of Danford Street, Naples Eagle lakes Community Park 11565 Tamiami Trail East, Naples Gulf Coast Community Park Warren Street; Naples Golden Gate Community Park 3300 Santa Barbara BoUlevard, Naples The central control SOftware wiI! be set up on the County's comp. uger netWork-, !~at~ the COllier COUnty 'GoVernment Complex.at 3301 East Tamiami' T~I, ~apleS. Deliverable SchedUle ~ cot~:tracted, vendor, Contemporary Controls and Communications, Inc,, has submitted a delivery schedUle with. es~ted completion at eight Weeks: subsequent 'to receipt :of-a purch~e order. Agenda Item No. 16D5 April 27th, 2004 Page 16 of 17 Exhibit"C" Agreement No. DG040615 Page3of3 EXHIBIT "D' SUMMARY SCHEDULE OF TASKS AND DELIVERABLES A summar~ d~liv~able schedule associated wi~h this project is set forth below. Thc schedule is based on :a one .year agreement. · All deliverables submitted hereunder are subject to review by the. Dislricc Du~ dates for all d~ffVOYabl~ ~¢ based on the number of w~ks from thc dat~ of agreement execution. Thc Entity.herabY agrees to .ptL0vide tl~ DiS~Ct all deliverables, da~a and information described in the Statement of WOrk in writing. · Payment shall be made following receipt and acceptance by the DLstrict of projev~ deliverables in accordance with the schedule sci forth below. Total payment by Ih~ Dislrict for all work comp!~t~! h~einshai! thc amount ors 26,300.00. Ali payments are subject to District fiscal year appropriations. Progress:report o,n installatiorb l~a. ~ inin. g schedu.!es, any calcula,ted 'Reduction in water consumption and labor costs - ~" ~a~n~sr~:.r~.. , " PrOgre~ report on instatlado% lraininfi s~h~dul~s, any calcutate~ Re~on in water consumption.and labor costs " Progress report on ins~llationt trainin$ schedules~ an), c~culated R_t~t~,~jon inwater eonsun~iOn and labor cosls ' S Final report on pro~n~ 52 we~.ks Sl ~it~SO , Exhibit"lY' Ag~m~nt No. ~15 Pagelofl Agenda Item No. 16D5 April 27th, 2004 Page 17 of 17 EXECUTIVE SUMMARY Expand the state of emergency declaration boundaries to be county wide per county ordinance 2004-11 regarding inoculation and removal of palm trees to suppress lethal yellowing disease. OB~IECTIVE: To update the State of Emergency per the newly amended Collier County Lethal Yellowing Ordinance (No. 2004-11) guidelines, which allow for broader, County-wide application of the suppression program, rather than a State of Emergency being declared for limited geographic areas. CONSIDERATIONS: The Board's most recent Declaration of Emergency (No. 2003-01) applied only to specified geographic areas (neighborhoods). This new Declaration of Emergency broadens the geographic scope of the new State of Emergency to include all of Collier County as this wider geographic scope is authorized by the newly amended Ordinance. This new Declaration of Emergency will facilitate implementation of the County's lethal yellowing disease suppression program. Recent cases of the lethal yellowing disease have been confhmaed in Collier neighborhoods from Naples Park to subdivisions south and east, which areas are not'covered by the earlier Declaration of Emergency (No. 2003- 01). The lethal yellowing disease is on the move; broadening the geographic boundaries of the new Declaration of a State of Emergency will facilitate removal and inoculation processes whereby fewer palms trees will be killed from this disease. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. The current Lethal Yellowing Ordinance (No. 2004-11) authorizes emergency expenditures not to exceed $20,000 each fiscal year. GROWTH MANAGEMENT IMP ACT: There is no growth management impact. RECOMMENDATION: Approval of this Executive Summary will result in the Board Declaring a State of Emergency regarding the lethal yellowing disease and will expand the geographic boundaries of the palm lethal yellow disease suppression efforts to be County-wide, rather than be limited only to the current emergency individual neighborhoods, all of which is authorized by the Lethal Yellowing ordinance (No. 2004-1 I) Agenda Item No. 16D6 April 27th, 2004 Page I of 2 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D6 Expand the state of emergency declaration boundaries to be County wide per county ordinance 2004-11 regarding inoculation and removal of palm trees to suppress lethal yellowing disease, 4f27/2004 9:00:00 AM Prepared By Doug L. Caldwell, PhD, Public Services Extension Agent University Extension Approved By Thomas Palmer County Manager*s Office Assistant County Attorney County Attorney Office Date 4/21/2004 9:34 AM Approved By John Dunnuck Public Services Public Services Administrator Public Services Admin. 4121/2004 7:56 AM Approved By Gary A. Vincent County Manager's Office Management & Budget Analyst Office of Management & Budget Date 4/21/2004 12:I3 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/21f2004 12:13 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/2112004 12:46 PM Agenda Item No. 16D6 April 27th, 2004 Page 2 of 2 LETHAL YELLOWING DISEASF Declaration of Emergency (Number 2004-01) This 28th day of April 2004, a state of emergency is hereby declared by the Board of County Commissioners of Collier County, Florida, to exist throughout unincorporated Collier County, Florida, regarding the threat of the Lethal Yellowing Disease, pursuant to SECTION FOUR in Collier County's Lethal Yellowing Disease Prevention and Control Ordinance (No. 2004-11). 1. This Declaration is made upon recommendation by the County's Public Services Administrator. The Lethal Yellowing Disease, which infests and kills the "covered palm trees" as listed in subsection (B) in SECTION THREE of the Ordinance, spreads easily through the air and requires immediate and summary emergency action to prevent further spread of this disease. 2. This declaration of emergency shall continue throughout unincorporated Collier County until (a) determinations are made from time-to- time by the Public Services Administrator that the threat or danger from the Lethal Yellowing Disease no longer exists in various specified geographic areas in unincorporated Collier County, or (b) until a recommendation is made to the Board of County Commissioners to terminate this declared state of emergency and the Board of County Commissioners approves such recommendation. 3. Pursuant to Subsection 5 in SECTION FIVE in the Ordinance, Collier County expenditures up to $20,000 in each fiscal year are authorized to be expended to inoculate and/or remove trees listed in the Ordinance are suspected to be infested with the Lethal Yellowing Disease. ATTEST: Dwight E, Brock, Clerk BY: Deputy Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA By: EXECUTIVE SUMMARY Consideration of request by Youth Haven, Inc. for the Board of County Commissioners to provide a letter of support for the Naples Education and Children's Foundation as Outstanding Philanthropist for the Year 2004. OBJECTIVE: That the Board of County Commissioners authorize the chairman to provide a letter of support for the Naples Education and Children's Foundation as Outstanding Philanthropist for the Year 2004. CONSIDERATION: The Naples Education and Children's Foundation was founded in 2001 with the goal of raising funds to benefit local children's charities. Through the Naples Winter Wine Festival the foundation has raised a total of $18 million dollars for area not-for-profit organizations that support social service needs of children in Collier County. In 2001, the flu:st year of the auction, $2.7 million was raised. In 2002, $3.4 million, in 2003 $5.1 million, and over $6.67 million was raised at the 2004 festival. On November 15, 2004, the Association of Fund Raising Professionals, the Community Foundation of Collier County, International College, and Gulfshore Life Magazine sponsor an award ceremony that honor outstanding businesses, philanthropists, volunteers, youth, and service organizations that excel in meeting the needs of the areas charitable organizations. The Naples Education and Children's Foundation is being nominated by Youth Haven, Inc., a recipient of funding from this year's Winter Wine Festival Event, to receive the Outstanding Philanthropist Service Organization for 2004. Supporting Youth Haven's nomination of the Naples Education and Children Foundation recognizes that this organization has made a significant impact on the safety and welfare of citizens of Collier County. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT- There is no direct impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners provide a letter of support to Anne T. Simon, Executive Director of Youth Haven, Inc. in support of Youth Haven's nomination of the Naples Education and Children's Foundation Outstanding Philanthropist for the Year 2004. Agenda Item No. 16D7 April 27th, 2004 Page I of 3 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16[37 Consideration of request by Youth Haven, Inc. for the Board of County Commissioners to provide a letter of support for the Naples Education and Children's Foundation as Outstanding Philanthropist for the Year 2004, 4/2712004 9:00:00 AM Prepared By Barry Williams Public Services Human Services Director Human Services Approved By John Dunnuck Public Services Public Services Administrator Public Services Admin. Date 4/2112004 9:17 AM Approved By Gary A. Vincent County Manager's Office Management & Budget Analyst Office of Management & Budget Date 4/2112004 1:07 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager County Manager's Office Date 4/21t2004 3:17 PM Agenda Item No. 16D7 Apdl 27th, 2004 Page 2 of 3 April 27, 2004 Ms. Anne T. Simon Executive Director Youth Haven, Inc. 5867 Whitaker Road Naples, FL 34112 Dear Ms. Simon: It is with great pleasure that I offer the Collier County Board of County Commissioner's support of the Naples Education and Children's Foundation as the Outstanding Philanthropist for the Year 2004. This award sponsored jointly by the Association of Fund Raising Professionals, the Community Foundation of Collier County, International College and Gulfshore Life Magazine is a notable tribute to the success of the Foundation and its commitment to services to children in Collier County. The phenomenon of the Naples Winter Wine Festival this year truly bespeaks the generosity of our citizens. It is from this generosity that our community is renown for, and with a record $6.67 million raised by the Foundation this year--world renown! Also laudable is the dexterity that this organization chose to fairly distribute this incredible sum in order to fund not-for-profit organizations that provide necessary social services to children in our community. Thank you for the opportunity to offer support in recognizing this incredible foundation. Please do not hesitate to contact me should you require further information or have questions. Sincerely, Donna Fiala, Chairman Collier County Board of County Commissioners Agenda Item No. 16D7 April 27th, 2004 Page 3 of 3 EXECUTIVE SUMMARY Approve and execute an Agreement to provide the Golden Gate Fire Control & Rescue District $88,227 from the GAC Land Trust Fund for the purchase of a Fire Safety House and Tow Vehicle. OBJECTIVE: To request Board of County Commissioners' (Board) approval and execution of an Agreement between Collier County, a political subdivision of the State of Florida, by its Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust and the Golden Gate Fire Control & Rescue District (District) which provides for a maximum expenditure of $88,227 from the GAC Land Trust to purchase a Fire Safety House and Tow Vehicle (collectively referred to as Vehicle) to enable the District to teach fire safety and disaster preparedness to the residents in the Golden Gate Estates' area. CONSIDERATIONS: On November 15, 1983, Avatar .Properties, Inc., and Collier County entered into an Agreement (1983 Agreement) that dedicated 1,061.5 acres of property in Golden Gate Estates to the County. The conditions of the dedication include that the property or revenue from the sale thereof are to be used for fire and police protection facilities and services, public schools, libraries, and recreational facilities for existing and future residents and visitors of Collier County. All capital improvements must also be physically located within the geographical boundaries of Golden Gate Estates. At its November 24, 2003, meeting, the Golden Gate Estates Land Trust Committee recommended by a vote of 4/0 (fifth member is vacant) that the Board approve the District's request for a maximum allocation of $88,227 for the purchase the Vehicle. The Agreement provides that the Vehicle will be made available to any and all fh'e districts located within the Golden Gate Estates area. The District has twelve months from execution of the Agreement to expend the funds. As required in the 1983 Agreement, a "Letter of No Objection," (copy attached), has been secured from Avatar Properties, Inc. The Agreement has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: A total allocation of $88,227 shall be withdrawn from Fund 605 Reserves and deposited into the appropriate Fund 605 operating account. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: Staff is recommending that the Board of County Commissioners: Approve the attached Agreement providing for a maximum expenditure of $88,227 for the purchase of a Fire Safety House and Tow Vehicle; and 2. Authorize Chairman Fiala to execute the Agreement; and Approve the attached Budget Amendment. Agenda Item No. 16E1 April 27th, 2004 Page 1 of 6 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E1 Approve and execute an Agreement to provide the Golden Gate Fire Control Rescue District $88,227 from the GAC Land Trust Fund for the purchase of a Fire Safety House and Tow Vehicle. 4/27/2004 9:00:00 AM Prepared By Toni A. Mott Administrative Services Real Property Supervisor Facilities Management Approved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. Date 4112/2004 4:22 PM Approved By Robin Johnson County Manager's Office Management/Budget Analyst Office of Management & Budget Date 411512004 3:39 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 411612004 4:54 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/19/2004 2:54 PM Approved By Charles E. Carrington, Jr., SR/ WA Administrative Services Real Estate Services Manager Facilities Management Date 4/6/2004 2:11 PM Approved By Skip Camp, C.F.M. Administrative Services Facilities Management Director Facilities Management Date 4~6~2004 2:22 PM Agenda Item No. 16E1 April 27th, 2004 Page 2 of 6 AGREEMENT THIS AGREEMENT made this day of ,2004 between the GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT, a Special Distdct created by Laws of Florida, Chapter 77-535, as amended, (hereinafter referred to as the 'District') whose mailing address is 4741 Golden Gate Parkway, Naples, Florida 34 ! 16-6901 and COLEER COUNT~, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, whose mailing address is 3301 Tamiarni Trial East, Administration Building, Naples, Florida 34112 (hereinalter referred to as the 'County'). WHEREAS, County has acquired 1,061.5 acres, located in Collier County, Florida (hereinafter referred to as "Property'), from Avatar Properties Inc. f/~'a/GAC Properties Inc. in accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter referred to as the '1983 Agreement'); and WHEREAS, pursuant to the 1983 Agreement, the Property deeded to the County and/or the mOnetary proceeds acquired from the subsequent sale of said Properly are to be used to provide governmental facilities within and for the geographical area known as 'Golden Gate Estates'; and WHEREAS, the County currently has funds derived from the use and/or sale of a portion of the above-described Property; and WHEREAS, the County has determined that a disbursement of a portion of said funds to the District is in accordance with the intent ol the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing for the purchase of a Fire Safety House and Tow Vehicle, which will enable the fire district to teach fire safety and disaster preparedness to residents of the Golden Gate Estates area; and WHEREAS, Avatar Properties Inc. has provided a 'Letter of No Objection", dated c~"{0-~L~ , approving the use of funds derived from the sale of Property to acquire a Fire Safety House and T~:)w Vehicle. NOW THEREFORE, in consideration of the above premises which are incorporated herein and made part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and valuable consideration, acknowledged by the parties to be sufficient, just and adequate, the parties hereto do agree as follows: 1. The County hereby agrees to contribute a maxi.mum of Eighty-eight Thousand Two Hundred Twenty-seven Dollars ($88,227.00) of the total funds to be expended by the Distdct for purposes hereinafter stated, (hereinafter referred to as the 'Funds'), in accordance with the terms and cqndifions of this Agreement, provided said Funds are to be used solely lor the purpose of purchasing a Fire Safety House.and Tow Vehicle (hereinafter collectively referred to as 'Vehicle'). 2. The District agrees and warrants that the Vehicle I~urchased with the Funds shall be utilized solely by the District for the primary purposes of teaching fire safety and disaster preparedness to residents of Golden Gate Estates and said vehicle shall be based and stationed at Station 71 located on 13~ Street SW, Naples, Florida, said fire station being located within the area of "Golden Gate Estates~. In addition, District agrees said vehicle shall be made available to any and all fire districts located within the Golden Gate Estates area. 3. The Disldct hereby agrees that the purchase of the Vehicle has been or shall be in accordance with all applicable bidding or other requirements for the procurement of property and services as set forth in Chapter 287, Florida Statutes, and such other statutory provisions as may apply. The District hereby agrees that the purchase of the Vehicle shall be conducted in a manner consistent with ~he Board of County Commissioner's purchasing policy and in proper coordinalion wi~h the County's Purchasing Department pdor to Ihe ordering or receiving of any goods or services purchased under this Agreement. 4. Payment of the Funds for the Vehicle shall be in accordance with the following procedure: (1) After delivery of said Vehicle to the District, the District shall deliver to the Real Estate Services Manager for approval prior to any payment made to the District: (a) Copies of any and all invoices for said Vehicle, clearly stating the purpose of said invoices and indicating that the invoices have 13een paid in full. Agenda Item NO~ ~16E1 April 27t!~;.-2004 Page3 of 6 (b) A lelter from the District, signed by the Chairperson, stating that the Vehicle has been received and accepted in good order and directing the County to reimburse the District upon payment of the invoices for the vehicle for purposes specified in this Agreement. (2) Within thirty (30) days after receipt and approval of the above-described documents and verification that all invoices have been paid in full by the District, if nol already provided, a County warrant Ior payment shall be prepared and made payable to the District and shall be forwarded directly to the District by the County. In no way, shall the total amount to be paid exceed $88,227. (3) The Vehicle shall be purchased by the District within twelve (12) months of the execution of the Agreement by both parties. In the event that the Vehicle is not purchased by the District within . twelve (12) months from the execution of this Agreement, it is understood and agreed by the parties that the District shall refund and repay to County, within thirty (30) days, any and all Funds which have been provided to the District pursuant to the provisions of this Agreement. (4) If the District obtains any monies as a gift, contribution or reimbursement, through any grant program, pertaining to Ihe purchase of said Vehicle, such gift, contribution or reimbursement shall be, within ten (10) days of receipt by District, forwarded to the Board of County Commissioners for deposit into the GAC Land Trust Account as reimbursement of Funds provided for by this Agreement. District agrees to prepare and submit the appropriate grant applications whereby verification of such application, and its approval or denial, shell be provided to the County within thirty (30) days of submittal and/or receipt. (5) The District covenants and agrees that upon the payment of all or any portion from the Funds in accordance with the obligation contained in this Agreement it shall be the further obligation of the District to pay any remaining balance required to complete the purchese of the Vehicle. 5. The District agrees to obtain and maintain insurance coverage in an amount sufficient to provide for full repair and/or replacement of Vehicle in the event the Vehicle is damaged or destroyed. 6. The District covenants and agrees that this Agreement is solely between the County and the Distriof and, although the County shall reimburse the District for all or only a portion of the Funds on behalf of the District, the County shall have no direct or indirect liability to the vendor of Vehicle or any other third party resulting from this Agreement. 7. District agrees to protect, defend, indemnity and hold the County harmless from any and all claims, actions, causes of action or liabilities including attorney's fees and costs arising from or in any way connected wifh the use of the Funds or the selection, purchase, delivery or use of the Vehicle by the District, its agents, employees, or in any way related lo the use of the Vehicle by the District, its agents, employees or any third party. 8. The Districl understands and agrees that the Funds to be provided to the District in accordance with the terms of this Agreement have been derived from and are being provided solely for the sale and/or use of a portion of the Property conveyed to the County pursuant to the 1983 Agreement administered and managed by the County for the GAC Land Trust and that such Funds are currently in County Fund 605-122390 (The GAC Trust Land Sales Fund). The Distflct further understands and agrees that no ad valorem taxes, revenues or moneys form other sources have been committed or will be committed by the Collier County Board of County Commissioners for the purposes set fo,,lh in this Agreement. ' 9. The District agrees that f(~liowing purchase, and at all times thereafter, the Vehicle shall be used to teach fire safety and disaster preparedness to residents within the geographical area commonly known as 'Golden Gate Estates'. This Agreement is not intended, however, to preclude the use of the Vehicle within non-estates areas of the District so long as the primary use is for teaching fire safety and disaster preparedness to residents within Golden Gate Estates. 10. In the event that the Vehicle ceases to be utilized by the District a~ described in Paragraph 2; or if the Vehicle ceases to be used in accordance with the terms of this Agreement, the District agrees that lhe District shall pay to the County, within thirty (30) days, an amount equal to the fair market value of the Vehicle as of the date the Vehicle ceases to be used by the District as descn"oed in Paragraph 2 or the date the Vehicle Ceases to be used in accordance with this Agreement. The fair market value shall be determined by a third party, selected by the County, who is determined to be qualified to establish the valuation of said Vehicle. 11. This Agreement is governed and construed in accon:lance with the laws of the State of Florida. 12. Any notice required by this Agreement shall be addressed to the parties at the address set forth below: Agenda Item No;16E1 April 27tli.; .2004 Pag~ 4 Of 6 IF TO THE COUNTY: Collier County c/o Real Eslate Services Administration Building - 4~' Floor 3301 Tamiami Trail East Naples, Fiodda 34112 IF TO THE DISTRICT: Golden Gate Fire & Rescue District 4741 Golden Gate Parkway Naples, Florida 34120 13. This Agreemem represents the entire Agreement between the parties, and no promise, mpresentalion, warranty or covenant not included in this Agreement or any such referenced agreements has been Or is being relied upon by either party. No modification or amendment ot this Agreement shall be of any force or effect unless made in writing and executed and dated by both parties. IN WITNESS WHEREOF, District and County have caused this Agreement to be duly executed on the day and year first above wfitlen. AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk AS TO DIS.,~_~: ~- DATED: -v~/,'xG~'' ATTEST: - / II~o~ert Mast, Secret~f' BOARD OF COUN3Y COMMISSIONERS COLUER COUNTY, FLORIDA Donna Fiala, Chairman GOLDEN GATE FIRE C ONTRO~IyE)~J~ SCUE DISTRICT Approved as to form and Heidi F. Ashton Assistant County Attorney .: Agenda Item No; 16E1 April 27t~,' 2004 Page:-5 of 6 AVATAR PROPERTIES INC. February 6, 2004 Collier County Government 3301 E. TamiamiTrail Naples, FL 34112 Attention: TOni A. Mort - Supervisor of Administrative Services Division / Real Estate Services RECEIVED FEB 0 9 200 REAL ESTATE SERVlOES Re: 1983. Agreement between Avatar Properties Inc. and Collier County. Proposed Expenditure: Golden Gate Fire Control & Rescue District (Fire Safety House & Tow Vehicle) Dear Ms. Mort: On behalf of Avatar-Properties Inc. I would hereby acknowledge receipt of your correspondence dated January 22, 2004 which references the above captioned matter. This correspondence will serve as a "Letter of No Objection" with regard to the contemplated expenditure of. funds from the GAC Land Trust for the purchase described in your letter as approved by the Golden Estates Land Trust Committee. If ! can be of further assistance, please feel free to contact me at your convenience. Very truly yours, AVATAR PROPERTIES INC. enms J. Getman Executive Vice President General Counsel D/G/zb P.O. Box 023000, Miami, Florida 33'102-3000- (305)442-7000 FAX ~3~a~[~x~/~j[~2NO 7th' 16E1 ~pn ,2004 ~'~*"'~"~'~'"'~'"~'~""'¢'"""'="~'~ Page 6 of 6 EXECUTIVE SUMMARY Authorize the conveyance of an easement to Lee County Electric Cooperative, Inc. for electric utility facilities to service the Immokalee Library Addition at a cost not to exceed $ s.oo. OB,]ECTIVE: To secure Board of County Commissioners' (Board) approval and execution of the attached Lee County Electric Cooperative, Inc. (LCEC) Easement required by LCEC to provide electric service for the Immokalee Library Addition. CONSIDERATIONS: The Immokalee Library was expanded to accommodate residential growth and provide additional services to residents. In order for LCEC to provide electric service to the new expanded facility, it will be necessary for the County to execute and record the attached Easement. The Easement area contains, l,671 square feet and is valued at a nominal $10(k The County will not be compensated for the Easement, as it is a condition to LCEC providing electric service. The Easement has been reviewed and approved by the Facilities Management Department and the County Attorney's Office. FISCAL IMPACT: The total cost to record the Easement will be $10.50 and will be paid from Library Impact Fee Fund (355). GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached LCEC Easement; and 2. Authorize Chairman Fiala to execute the Easement on behalf of the Board; and Authorize staff to record the Easement with the Clerk of Courts in the Public Records of Collier County, Florida. Agenda Item No. 16E2 April 27th, 2004 Page I of 5 Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E2 Authorize the conveyance of an easement to Lee County Electric Cooperative, Inc. for electric utility facilities to service the Immokalee Library Addition at a cost not to exceed $15.00. 4/27/2004 9:00:00 AM Management & Budget Director Office of Management & Budget Date 4/20/2004 12:35 PM Approved By Susan Usher County Manager's Office Senior ManagementJBudget Analyst Office of Management & Budget Date 4/20/2004 12:30 PM Approved By roes V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/20/2004 4:03 PM Approved By Charles E. Carrington, Jr., SR/ WA Administrative Services Real Estate Services Manager Facilities Management Date 4/7/2004 3:03 PM Approved By Skip Camp, C.F.M. Administrative Services Facilities Management Director Facilities Management Date 4/7/2004 2:18 PM Approved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. Date 4/9/2004 10:59 AM Agenda Item No. 16E2 April 27th, 2004 Page 2 of 5 Project: lmmokalee Library Addition Folio: 00127120009 Pre~arad bi: Ellen t. Cha<h~ll, OCftca oe ~ C~7 At~ 3~! East TMIMt Trail EASE~NT (~1) ~OW ALL ~N BY THeE P~E~TS that ~oll~cr ~ount~, a political subdivision of thc S~atc of ~o~da, as Gr~tor, whose post office ad~ is 3301 Tami~ Trail East, ~a~lc~, FIo~da 34112, in consideration of thc sum of Tcn'Dol]~ ($10.~) and other valuable considerations, ~ci~t of which is bcrcb~ acknowledged, docs bcreb~ grant to ~ount~ Elcctdc ~oo~rat]vc, Inc., a Flo~da co~oration, whose ~st office add.ss Js Post Box 345~. ~o~b Fo~ M~crs, ~o~da 33~18, and to ~ts succcsso~ and assigns (thc tc~ meaning an~ ~on, fi~, or co~ra~on ownin; b~ wa~ of assignment all ~ghts under this Agreement or a pod;on of such ~ghts, with the G~ntcc or its o~cr assigns ~taining and c~c~is]ng thc other ~gbts), a ~ual c~cmc.t ~o~ a ~ght-of-wa~ to ~ used for thc const~cfio~, o~radon, and m~ntcnancc of one o; more ore.cad and undcr~ound c~cctdc dis(~bution l]ncs, inclu~ng, but hot ]im~tcd to. wires, ~olcs, cables, conduits, anchors. ~u~s, and roads, trails, and equipment ass~iatcd therewith, attachments and a~u~cnant ~ui~mc~t fi~r o~tic telecommunications ~d t=l=vision ~oscs (ail of thc foregoing hereinafter ~fc~ed to as "facilities"), over, under, ~n, o~. u~on, and across thc ]ands of thc ~rantor situated in ~ou~t~ of Collicr and State o~ ~lo~da and being mo~ ~a~icularl~ dcsc~bed as See attached Exhibit "A" which is incorporated herein by reference. Together with thc right and privilege from time to time to reconstruct, inspect, alter, improve, enlarge, add to, change the voltage, as well as the nature or physical characteristics of, replace, remove, or relocate such facilities or any part of them upon, across, over, or under the fight-of- way described above with all fights and privileges necessary or convenient for the full enjoyment or the use thereof for the purposes described herein, including, but not limited to, the right to trim, spray, cut, and keep clear all trees and undergrowth and other obstructions within said right-of-way and on lands of Grantor adjoining said right-of-way that may interfere with the proper construction, operation, and maintenance of such facilities or any part of them, the right to mark the location of any underground facilities by above-ground markers and other suitable markers, and the right of ingress and egress for personnel and equipment of Grantee, its .contractors, agents, successors or'assigns, over the adjoining lands of the Grantor, for the purpose of exercising and enjoying the rights granted by this easement and any or all of the rights granted hereunder. Any entry upon Grantor's adjoining lands must be with advance notice to Grantor. Grantor, successors and assigns, shall have Iht right to usc and occupy thc surface of the easement area for any purpose consistent with the fights and privileges herein granted and which will not endanger or interfere with the construction, maintenance, and operation or reconstruction of Grantee's utility installations. By the execution hereof, Grantor covenants that Grantor has the 'right to convey this easement and that the Grantee and its successors and assigns shall have quiet and peaceful possession, use, and enjoyment of this easement and the fights granted hereby. IN WITNESS WHEREOF, the Grantor has executed this Agreement this day of 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: By: DONNA FIALA, CHAIRMAN Agenda Item No. :16E2 April 27thi.2004 Page.3 of 5 E.F. Gaines Surveying Services, Inc. I BIT Page i of .riO.., LEGAL DESCRIPTION of a 16 foot wide utility easement located in Section 4, Township 47 South, Range 29 East Collier County, Florida A 16.00 foot wide utility easement located in the northeast one-quarter of the northeast one-quarter of the northeast one-quarter of Section 4, Township 47 South, Range 29 East, Collier County, Florida, lying 8.00 feet on both sides of the following described centerline: COMMENCING at the northeast comer of said Section 4; thence nm S.00°58'00"E. along the east line of said Section 4 for a distance of 561.45 feet; thence run S.89°02'00"W. for 40.00 feet to the west fight-of-way line of North First Street and the POINT OF BEGINNING of the centerline herein described; thence nm N.69°01'09"W. for 104.44 feet to the Point of Termination of the centerline herein described; The sidelines of the herein described 16.00 foot utility easement are to be lengthened or shortened to connect with the westerly right-of-way line of North First Street; -qubject to easements, restrictions, and reservations of record; Bearings are based on the west fight-of-way line of North First Street being S.00°58'00"E. Prepared By: E.F.Gaines Surveying Services, Inc. Elizabeth F. Gaines, PSM Florida License No. 4576 See sheet 2 of 2 for the sketch to accompany this description. Not valid without the signature and the ori~nai raised seal of the above named surveyor and mapper. Sheet 1 of 2 8481 Yorkshire Lane, Fort Myers, Florida 339~enda Item No 16E2 Phone: 239-418-0126 · Fax: 239-418-0127 · E-mail: Liz@EFGai~ii:QRlh', 2004 Page 4 of 5 NOTES: 1. LANDS SHOWN HEREON WIRE NOT ABSTRACTED FOR ZONING, EASEMENTS, RIGHTS-OF-WAY, OWNERSHIP, RESmlCT1ONS OR SETBACKS. 2. BASIS OF BEARINGS IS AS SHOWN. DISTANCES ARE IN FEET AND DECIMALS THEREOF. T,,s,s NO',' ^,O,.,NOAR¥SURVE¥. EXHIBIT Page .%.of~ POINT OF COMMENCEMENT -- ,,,.~"~"~ /,IORTHEAST C~F..R Of' SECTIC~ 4. TOl~NSHIP-47-$OUl14, RANCh--29 -£AST, COUJE~R COUNTY, F~LORIDA UNOI~I A'~r"IALT '~OE'WaL.K POINT OF ~ j ~:~s~Nc co~c~:m ~'o ~ ~ ' i CENTERLINE OF / ~.~ "%~ ca~u~ coJ~e~r PROPOSED 16' __/ -~ -' S · ' "w c~c..~N.~ EASEMENT POINT O ~ 0EGINNING / I POWER pc~.E I THIS SKETCH OF' a LEGAL DESRIPTION (SEE SHEET I OF 2) OF A PROPOSED 16' W~DE UTILITY EASEMENT LOCA'FED IN THE NORTHEAST 1/4. OF SECTION 4, TOWNSHIP ¢7 SOUTH, RANGE.2g EAST, COLLIER COUNTY FLORIOA :WAS PREPARED B~ ELIZABE~'-I ¢~. GAINES, P.S.M. FLORIBA U¢£NSE NO. 4576 DATE S1GNEO SURVEYOR'S SEAL NOT VAIJD FRTH~J~' ThlE SIG~AT'U~fE AND THE ORIGINAL t~AI.SED SEAL OF THE ABOVE NAklED SURVE'~'t:~f AND blAPPE~. CUENT: BARANY SCHMITT SUMMERS ~EAVER REVISIONS/DATE: ~,. 1;. GAJ-H~S SURVEYING SERVIC£S, II~TC. ~^~E ~ ~E~ wo~: 8481 Y~ La~ SCALE: ¢=30' FortMye~, Florida 33919 PROJECT NUMBER: 0064 ?]~one: 239=4]8.-0]26 Fax: 2.39-418-0]'~7 DRAWlNG riLE: 0064-~0~2-00~ .A~9~-s~.-~-m~F~"'.~! April 27th, 2004 Page 5 of 5 EXECUTIVE SUMMARY Recommendation to Award Bid No. 04-3606, On-call Roofing Repairs and Inspection Services (estimated dollar amount of $600,000) OBJECTIVE: To award Bid No. 04-3606 for On-Call Roofing Repairs and Inspection Services, to be used by the Facilities Management Department for maintenance, repairs and inspection services. (Estimated dollar amount of $600,000.) CONSIDERATION: From time to time it is necessary to preventive maintenance, inspections, and new installation performed by a licensed roofing firm in a timely fashion. have emergency work, of roofing equipment On December 12, 2003, formal bid invitations were posted in the lobby of the Purchasing Building and distributed to twelve (12) firms who provide these services. On January 7, 2004, bids from three (3) firms were opened. A bid tabulation sheet is attached for review. Staff has reviewed the bids and recommends award to Advanced Roofing, Inc. as primary vendor, Crowther Roofing & Sheet Metal of Florida, Inc. as secondary vendor, and Sutter Roofing Co. of SW Florida, as tertiary vendor. FISCAL IMPACT: Funds are budgeted in the Facilities Departments' cost centers for the annual amount of their usage. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners award Bid No. 04- 3606 for On-Call Roofing Repairs and Inspection Services to Advanced Roofing, Inc. as primary vendor, Crowther Roofing & Sheet Metal, Inc. secondary vendor, and Sutter Roofing Co. of SW Florida as tertiary vendor. Agenda Item No. 16E3 April 27th, 2004 Page I of 3 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E3 That the Board of County Commissioners award Bid No. 04-3606 for On-Ceil Roofing Repairs and Inspection Services to Advanced Roofing, Inc. as primary vendor, Crowther Roofing & Sheet Metal, Inc. secondary vendor, and Sutter Roofing Co. of SW Florida as tertiary vendor. 4/27/2004 9:00:00 AM Prepared By Scott Johnson Administrative Services Purchasing Agent Purchasing Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 4113/2004 2:34 PM Approved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. Date 4/14/2004 1:42 PM Approved By Robin Johnson County Manager's Office Management/Budget Analyst Office of Management & Budget Date 4/15/2004 3:29 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/19/2004 4:09 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/19!2004 4:22 PM Approved By Skip Camp, C.F.M. Administrative Services Facilities Management Director Facilities Management Date 4/5/2004 8:26 AM Agenda Item No. 16E3 April 27th, 2004 Page 2 of 3 Project Title: On-Call Roofing RepaLrs & Inspection Svcs. Project Mgr.: Dan Rodrigaez Notices Sent:12 Facilities Management Tabulation for Bid: 04-3606 Poslin Date: 1W12~03 I.)penin~ I/ale: Janua~, ~. z~n~ at ~::~u I~.m. . ....... I' ........... Crowther Roofing & Sutter Roofing Co. of S.W. DESCRIPTION Advanced Roofing, Inc. Sheet Metal of Florida Flocida, Inc. Hourly rate to [,roxSde rvofin,e repairs and inspection ser,.Sces includin,e labor for one serviceman, service vehicle. and all necessary tools and equipment: $ 55.00 $ 56.00 $ 60.00 Hourly rate for Helpers: $ 45.00 S 50.00 $ 52.00 I Pementa~e of mark-up on Material: 15% 15% 25% Copy of Collier County Occupfional License attached?: y y See Bid References Attached?: Y Y Y Prompt Payment Terms: Net 30 Days Net 30 Days Net 30 Days Opening Agent: Scott Johnson Witness: Barbara Hecker Page 1 of 1 Agenda Item No. 16E3 April 27th, 2004 Page 3 of 3 EXECUTIVE SUMMARY Approve Contract for RFP 04-3584 "Fixed Term Public Relations Services for Collier COunty." (Estimated maximum annual contract amount not to exceed $500,000 per firm). OBJECTIVE: Obtain Board's approval of Committee's selection of firms for professional services related to Fixed Term Public Relations for Collier County and authorization to sign contracts. CONSIDERATION: Due to the increasing number of projects in the County, there has been a corresponding increase in public awareness and involvement. Although much of the Public Relations activity is handled by the Communications and Customer Relations Department, there are times when it would be in the best interests of the County to have outside firms available to provide these services on an as-needed basis. In order to obtain competent Public Relations services in a cost-effective manner, the County intends to enter into annual hourly rate agreements with a number of licensed Public Relations firms. To that end, a request for proposals (RFP) was publicly advertised on October 24, 2003. Notices were sent to 93 firms with 28 firms requesting full packages. Seven responses were received by the due date of November 21, 2003. A Selection Committee meeting was held on November 28, 2003, and after review and discussion of the proposals; the committee selected four firms by consensus of the members: (in no order) 2. 3. 4. Kelley Swofford Roy, Inc Kidd Tucker Group Abovewater Public Relations & Marketing Gilbert & Manjura Marketing, Inc A contract has been successfully negotiated with the each of the short listed firms using a standard hourly fee schedule for each firm. Staff has found that this works to ensure fair allocation of work as well as streamlining the payment process for the Finance department since all firms are bound by the same rates. FISCAL EVIPACT: department. Funds for each work order will come from each individual user GROWTH MANAGEMENT IMPACT: No foreseeable impacts are anticipated. RECOMMENDATION: That the Board of County Commissioners: (1) ..Approve the contract with the four firms; and (2) Authorize the Chairman to sign the standard, County Attorney approved contracts. -1- Agenda Item No. 16E4 April 27th, 2004 Page I of 2 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16 E4 Approve Contract for RFP 04-3584 "Fixed Term Public Relations Services for Collier County." (Est[mated maximum annual contract amount not to exceed $500,000 per firm). 4/27/2004 9:00:00 AM Prepared By Kelsey Ward Administrative Services Senior Purchasing and Contracts Agent Purchasing Approved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. Date 4/12/2004 4:27 PM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 4/13/2004 2:40 PM Approved By Robin Johnson County Manager's Office Management'Budget Analyst Office of Management & Budget Date 4/15/2004 3:44 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/16!2004 4:57 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/19/2004 2:23 PM Agenda Item No. 16E4 April 27th, 2004 Page 2 of 2 EXECUTIVE SUMMARy Recommendation to Award Bid No. 04-3610R, Vending Machine Services Contract to Naples Vending. OBJECTIVE.: To award a Contract for Vending Machine Services to be used within County Facilities. CONSIDERATION: Collier County Government uses vending machine services for county facilities. This allows employees and the public to have a snack or cold drink without traveling to a convenience mart. On February 27, 2004 formal bid invitations were posted in the lobby of the Purchasing Building and distributed to seventeen (17) firms who provide these services. On March 17, 2004 bids from two (2) firms were opened. A bid tabulation sheet is attached for review. Staff has reviewed the bids and recommends award to Naples Vending due to the variety of products offered. FISCAL IMPACT: There is no Fiscal Impact, since the County receives a portion of the gross revenues. GROW'FH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award Bid No. 04-3610R for Vending Machine Services to Naples Vending. Agenda Item No. 16E5 April 27th, 2004 Page I of 3 Item Number Item Summary Meeting Date Approved By Steve Carnell Administrative Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E5 That the Board of County Commissioners award Bid No. 04-3610R for Vending Machine Services to Naples Vending. 4/27/2004 9:00:00 AM Purchasing/General Svcs Director Purchasing Date 411312004 2:37 PM Approved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. Date 4/14/2004 1:43 PM Approved By Robin Johnson County Manager's Office ManagementJBudget Analyst Office of Management & Budget Date 4115!2004 3:32 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/1912004 2:40 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4119/2004 2:51 PM Approved By John C. Veit Public Services Parks Superintendent Parks and Recreation Date 4/5/2004 11:43 AM Agenda Item No. 16E5 April 27th, 2004 Page 2 of 3 Project Title: Vending Machine Services Project Mgr.: John Vier Pkgs. Sent: 17 Parks & Recreation Dept. Tabulation for Bid: 04-3610R Opening Date: March 17, 2004 ~ 2:30 p.m. Postin, Date: Februar 2003 DESCRIPTION Naples Vending Ft. Myers Coca Cola Monthly Percentage of all Gross Revenues: 35% 35',',% References Attached: Y y Bidder Qualification Form Attached: Y y Schedule B "List of Products" Attached: y y Prompt Payment Terms: Addenda Received (if applicable/'~ Opening A~ent: Scoa Johnson Wilness: Barbara He&er Page 1 of 1 Agenda Item No. 16E5 April 27th, 2004 Page 3 of 3 EXECUTIVE SUMMARY Recommendation to approve additions to, deletions from and modifications of certain classifications in the 2004 Fiscal Year Pay and Classification Plan made from February 1, 2004 through April 6, 2004. OBJECTIVE: For the Board of County Commissioners to approve additions to, deletions from and modifications of certain classifications in the 2004 Fiscal Year Pay and Classification Plan. CONSIDERATION: Attached as Exhibit 1 are the proposed additions to, deletions from and modifications of certain classifications in the County's 2004 Fiscal Year Pay and Classification ' Plan that were made between February 1, 2004 and April 6, 2004. These changes result from organizational realignments and new employee assignments that have occurred since the Pay and Classification Plan was approved in September 2003. FISCAL IMPACT: The results of these actions will have a fiscal impact to the Count>' for minimal salary adjustments which are absorbed by individual departments. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the additions to, deletions from and modifications of certain classifications in the 2004 Fiscal Year Pay and Classification Plan. Agenda Item No. 16E6 April 27th, 2004 Page 1 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 16E6 Recommendation to approve additions to, deletions from and modifications of certain classifications in the 2004 Fiscal Year Pay and Classification Plan made from February 1, 2004 through April 6, 2004. 4/27/2004 9:00:00 AM Prepared By Donald Albonesi Administrative Services Compensation Manager Human Resources Approved By Jean Merritt Administrative Services Human Resources Director Human Resources Date 4/19/2004 1:50 PM Approved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. Date 4/19/2004 2:50 PM Approved By Robin Johnson County Manager's Office Management/Budget Analyst Office of Management & Budget Date 4/2012004 2:23 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/20/2004 3:53 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 412012004 3:59 PM Approved By Donald Albonesi Administrative Services Compensation Manager Human Resources Date 4/6/2004 2:34 PM Agenda Item No. 16E6 April 27th, 2004 Page 2 of 3 Classification Exhibit 1 Proposed Additions to, Deletions from and Modifications of Certain Classifications in the 2004 Fiscal Year Pay and Classification Plan February 1 throuqh April 6, 2004 Comments Director - Building Review and Permitting Instrumentation/Electrical Technician, Senior Interdepartmental Supervisor - Immokalee Manager- Shelter Operations Plant Manager Modify classification - increase in pay grade. Upgrade of requirements. Add classification - addition of supervisory responsibilities Delete classification - position eliminated Add classification - increase management depth in DAS Add classification job evaluations radBBC15.tmp Agenda Item No. 16E6 April 27th, 2004 Page 3 of 3 Executive Summary Approve Resolution Stating a Valid Public Purpose for a Departmental Employee Recognition Program, as Established in Ordinance 87-5. OBJECTIVE: Approval of a Resolution stating a valid public purpose for expenditure of funds for a Departmental Employee Recognition Program, as established in Ordinance 87-5. CONSIDERATIONS: Collier County has a history of recognizing County employees for outstanding service or achievement in connection with County employment, and it is our desire to recognize County employee productivity by providing awards for achieving these goals. While the agency-wide Employee of the Month Program recognizes one employee each month across the agency, this program would expand that process to the department level, enabling each department to recognize one of their own. It is considered a means to reward outstanding employee initiative and responsiveness to the needs of Collier County citizens, as well as County internal customers that, in turn, promotes goodwill toward County government. By the extension of this program, an employee may be selected on the department level each quarter for recognition for outstanding service and achievements. Recognition and awards would be limited to those employees who work within each department. FISCAL IMPACT: Non-cash recognition awards shall not exceed a value of $100 per quarter, per department. At $100 per department, with a total of 47 departments, this would amount to a maximum of $18,800 per year. The awarding Department will absorb the expenditures for the Departmental Employee of the Month Recognition Award. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this program. RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution authorizing a departmental employee recognition program. Agenda Item No. 16E7 April 27th, 2004 Page 1 of 3 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E7 Approve Resolution Stating a Valid Public Purpose for a Departmental Employee Recognition Program, as Established in Ordinance 87-5. 4/27/2004 9:00:00 AM Prepared By Sue Buck Administrative Services Computer Support Manager Information Technology Approved By Jean Merritt Administrative Services Human Resources Director Human Resources Date 4/16/2004 3:25 PM Approved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. Date 4/16/2004 4:16 PM Approved By Robin Johnson County Manager's Office Management/Budget Analyst Office of Management & Budget Date 4/19/2004 2:39 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/19/2004 4:06 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/19/2004 4:26 PM Agenda Item No. 16E7 April 27th, 2004 Page 2 of 3 RESOLUTION NO. 2004 - __ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING, AS SERVING A VALID PUBLIC PURPOSE, THE EXPENDITURE OF COUNTY FUNDS SPECIFICALLY INCURRED IN A DEPARTMENTAL EMPLOYEE OF THE MONTH PROGRAM AS STATED IN COLLIER COUNTY ORDINANCE NO. 87-5 WHEREAS, Collier County Ordinance No. 87-5 states that the Board of County Commissioners of Collier County, Florida, shall adopt a Resolution authorizing the expenditures of County funds to recognize County employees for outstanding service or achievement in connection with County employment; and WHEREAS, it is the desire of the Board of County Commissioners to recognize County employee productivity which promotes and engenders goodwill toward County government and rewards employees for outstanding behavior in being responsive to the needs and requests of both Collier County citizens and theft internal County customers, and provide awards for the achievement of these goals; and WHEREAS, Collier County Ordinance No. 87-5 requires that the Board adopt and implement a Resolution setting forth the specific purpose of expenditures, incurred pursuant to that Ordinance; and WHEREAS, it is the desire of the Board of County Commissioners to include a Departmental Employee Recognition Program, as provided for in Collier County Ordinance No. 87-5. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO3LMISSIONERS OF COLLIER COUNTY, FLORIDA, that 1. Expenditures specified in the Collier County Code, Article IV, Section 2-101, entitled Incentives for Job-Related Achievements. may ~ awarded on a departmental level for a Departmental Employee Recognition Program. 2. Awards presented within the scope of this program will be non-cash in nature, but may include plaques, certificates, gift certificates, pins, or other suitable non-cash tokens of recognition that are non-vendor specific. 3. The selection criteria for the Departmental Employee Recognition Program may be establislmd and maintained by individual Board departments. 4. The maximum allowable expenditure is not to exceed $100 per quarter per department. 5. This Resolution shall be effective upon adoption. THIS RESOLUTION adopted this day of majority vot~ favoring adoption. 2004, after motion, sex:ond and DATED: ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman Approved as to form a~d legal sufficiency: T~m Paff~r, ~ ' A.ssistant County Attorney Agenda Item No. 16E7 April 27th, 2004 Page 3 of 3 EXECUTIVE SUMMARY Approve and ratify the Settlement in Professional Firefighters of the Everglades, IAFF, Local 3670 v. Collier County Board of County Commissioners, Case No. CA-2003-040, State of Florida Public Employees Relations Commission and approve related budget amendment. OBJECTIVE: To receive settlement approval from the Board of County Commissioners ratifying and affirming a settlement between IAFF, Local 3670 (the Union) and the County regarding the full and final resolution of an unfair labor charge by the Union against the County in which the Public Employees Relations Commission Heating Officer made a recommendation to the Public Relations Commission (P.E.R.C.) that P.E.R.C. issue a final order determining that the County committed an unfair labor practice by unilaterally changing the Union members hourly pay rates. CONSIDERATIONS: On June 13, 2003, the Union filed an unfair labor practice charge against the County with P.E.R.C. alleging that the County engaged in an unfair labor practice. The essence of the charge was that the County unilaterally, without bargaining, changed bargaining Union members' hourly pay rates which then 'affected their wages. After preliminary negotiations and lengthy discovery, a public hearing was conducted, on January 14, 2004 by a P.E.R.C. Heating Officer. Upon conclusion of the hearing and written closing statements, the Hearing Officer issued a Recommended Order on February 27, 2004, recommending, in substance, that P.E.R.C. enter a final order: finding that the County committed an unfair labor practice; reinstating the pay of the Union members to the hourly rates that were in effect at the time the County unilaterally changed the hourly rates; making the Union members whole for all payroll periods from January 2, 2003, to date, plus interest; awarding reasonable attorneys' fees and costs; and, posting a notice for sixty days in a conspicuous location. After the County obtained an extension of time to file its exceptions to the Hearing Officer's findings and after prolonged negotiations between the Union and the County, a settlement was entered into between the Union and County staff, subject to Board approval and ratification, amicably resolving this matter. On April 9, 2004, the Union, filed a Charging Party Notice of Pending Settlement with the Public Employees Relations Commission, subject to final approval by the County which, upon approval by the Board, will then result in a notice of withdrawal of charge by the Union against the County. Although the County denied that it committed an unfair labor practice and, after a full evidentiary hearing, the Hearing Officer found that the Union met its burden of proof by a preponderance of the evidence that the County did unilaterally change the hourly pay rates without negotiating with the Union. After several reviews of the Hearing Officer's lengthy twenty-six page Recommended Order by County staff and the County Attorney's Office, it was concluded by all involved that the most cost effective resolution of the matter was by settlement in lieu of filing exceptions ("taking an appeal") since the chances of reversing the Heating Officer' s findings were de minimis at best. The terms of the proposed settlement, if approved by the Board, are: the firefighters will be paid their pay differential from January 2, 2003, to March 5, 2000, in the amount of approximately $40,000 together with interest of approximately of $2,400, for a total of $42,400; attorneys' fees and costs of $20,500; the waiving of posting a notice requirement; and, the uniform application of 6% interest rate. FISCAL IMPACT: There is a base fiscal impact of $62,900.00, as well as additional related costs to be calculated. Another agenda item detailing the total costs for this item will be brought to the Board for final review and approval. The funds will be taken from the General Fund Reserves and into Fund 146 Cost Center 144380 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this term. RECOMMENDATION: It is the recommendation of staff that the Board approve and ratify the Settlement in Professional Firefighters of the Everglades, IAFF, Local 3670 v. Collier County Board of County Commissioners, Case No. CA-2003-040, State of Florida Public Employees Relations Commission and approve related budget amendment. 2 EXECUTIVE SUMMARy, Recognize and Appropriate $22,497 of Revenue from a Communications Tower Lease and Approve the Required Budget Amendment. OBJECTIVE: To recognize and appropriate revenue from a lease agreement for a communications tower on County owned property. CONSIDERATIONS: On May 22, 2001, the Board of County Commissioners approved Item 16.F. 1, a lease between the County and Omnipoint Holdings, Inc. for the placement of a communications tower on County owned property located at the Golden Gate Public Safety Complex. A Supplemental Agreement between the County and the Golden Gate Fire Control and Rescue District was approved as a part of the executive summary. Per the Supplemental Agreement, all revenue generated by the lease shall be shared, with the Golden Gate Fire District receiving 56% of the annual revenue. Collier County will receive 44% of the annual revenue which is to be used for additional training/education, equipment and other emergency services program enhancements. The revenue from the lease was inadvertently omitted from the Fiscal Year 2004 budget. On September 10. 2002, the Board of County Commissioners approved the Item 16.F. 1, transferring the lease, under the same terms and conditions, from Omnipoint Holdings, Inc. to Clearshot Communications, Inc. FISCAL IMPACT: Revenue of $22,497 generated by the Lease Agreement for FY 04 will be recognized and appropriated by budget amendment in the General Fund (001). The Golden Gate Fire District's FY 04 portion, per the Supplemental Agreement, is $12,599. The County's FY 04 portion is $9,898 which the Emergency Management Department will use to fund a temporary, part-time Coordinator to assist with the development of the Continuity of Operations Plan, the Continuity of Government Plan, Local Mitigation Strategy and other State mandated programs. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners recognize and appropriate $22,497 of revenue from a communications tower lease and approve the required budget amendment. Agenda Item No. 16F1 April 27th, 2004 Page 1 of 2 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F1 Recognize and Appropriate $22,497 of Revenue from a Communications Tower Lease and Approve the Required Budget Amendment. 4/27/2004 9:00:00 AM Prepared By Darcy Waldron County Manager's Office Senior Administrative Assistant Emergency Management Approved By Robin Johnson County Manager's Office Management/Budget Analyst Office of Management & Budget Date 4/16/2004 2:59 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/19/2004 4:15 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 411912004 4:34 PM Approved By Dan E. Summers County Manager's Office Emergency Management Director Emergency Management Date 4/2/2004 8:44 AM Agenda Item No. 16F1 April 27th, 2004 Page 2 of 2 EXECUTIVE SUMMARY Approve a Tourist Development Category "A" Grant Application submitted by Parks and Recreation for Beach Cleaning and Maintenance for Fiscal Year 2005 in the Amount of $333,400 OBJECTIVE: To obtain approval of a Tourist Development Category "A" grant application as recommended for approval by the Coastal Advisory Committee and the Tourist Development Council. CONSIDERATIONS: The following Tourist Development Category "A" grant application was reviewed by the Coastal Advisory Committee (CAC) on March 11, 2004, and the Tourist Development Council (TDC) on March 29, 2004. Their recommendations are as follows: Beach Cleaning and Maintenance--S333,400 The CAC recommended approval. A condition of the approval by the CAC was that the City would rake the beach up to Clam Pass. A second condition is that when the City's rake and tractor is not in use the County will be able to utilize the equipment if necessary. The TDC recommended approval. The proposed project areas have public street access, and are more than 80% within one-half mile of a beach park facility, public access point, hotel, or motel. FISCAL IMPACT: Funds in the amount of $333,400 are available for appropriation from Category "A" Tourist Taxes. GROWTH MANAGEMENT IMPACT: There is no impact to thc Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approves the attached grant application for Tourist Development Category "A" projects in the amount of $333,400 for appropriation in the FY 05 budget of Fund 195. Agenda Item No. 16F2 April 27th, 2004 Page 1 of 7 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F2 Approve a Tourist Development Category "A" Grant Application submitted by Parks and Recreation for Beach Cleaning and Maintenance for Fiscal Year 2005 in the Amount of $333,400 4,,'27,/2004 9:00:00 AM Prepared By Maria E. Bernal County Manager's Office Grants Coordinator Toursim Development Council Approved By Jack Wert County Manager's Office Tourism Director Toursim Development Council Date 4116/2004 9:17 AM Approved By Maria Ramsey Public Services Parks & Recreation Director Parks and Recreation Date 4/16!2004 10:17 AM Approved By John Dunnuck Public Services Public Services Administrator Public Services Admin, Date 4!20/2004 10:11 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/20/2004 11:29 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/20/2004 12:48 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager County Manager's Office Date 4!21/2004 3:18 PM Agenda Item No. 16F2 April 27th, 2004 Page 2 of 7 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance BEACH CLEANING OPERATION (Project Title) Name and Address of Project Sponsor Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: Name: Murdo Smith, Beach and Water Superintendent Address: 3300 Santa Barbara Boulevard City Naples ST FL ZIP 34116 Phone: 353-0404 FAX: 353-1002 Other: 3. Organization's Chief Official and Title: Donna Fiala, Chairman Board of Collier County Commissioners 4. Details of Project- Description and Location: This project consists of the activities associated with beach cleaning operations in Collier County. This Grant application excludes the City of Naples as they have submitted an application for the cleaning of City owned beaches. 5. Estimated project start date: October 04 Estimated project duration: One (1) year Total TDC Tax Funds Requested: $ 333,400 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No ( x ) Agenda Item No. 16F2 April 27th, 2004 Page 3 of 7 Collier County Tourist Development Council Category "A" Grant Application Page 2 BEACH CLEANING (Project Title) PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested City/Taxing District Share State of Florida Share Federal Share $ 333,400 $ TOTAL $ 333,400 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Salaries $132,000 Interdepartment Payment Tipping fees 83 per yr +40 additional @600 = 73,800 + 5000 cartage Other contractual (dumpsters) Loaner vehicle Rental of Equipment Fleet Maintenance Fleet Maintenance Parts Fuel and Lub Board walks Minor Operating equip Other operating supplies $78,800 $24,000 $400 $2,300 $15,300 $15,000 $7,600 $12,000 $2,000 $4,000 Sub Total Operating $161,400 Capital Requests Replacement Tractor $40,000 Sub Total Capital $40,000 TOTAL $333,400 Agenda Item No. 16F2 April 27th, 2004 Page 4 of 7 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date EXHIBIT A Agenda Item No. 16F2 April 27th, 2004 Page 5 of 7 TOURIST DEVELOPMENT CATEGORY "A" FUNDhNG POLICY 1. Use of TDC Categorf %1" funds. Catcgory "A" Tourist Development Tax Funds shall be used for beach renourishment, beach maintenance, and beach park facilities including beach access acquisition. 2, Source of other funds. Federal or State funds are desirable and should be diligently pursued. 3. Mandator~ annual budget allocation of funds and maintenance of reserves. Catastrophe reserves shall be accumulated in the budget with $1M in 2004 plus $0.5M per year thereafter up to a maximum of $10M. In the event of a catastrophe requiting the expenditure of all or part of these reserves, $0.5M will continue to be set aside. bo Annual monitoring and other permit compliance requirements. Beginning with FY 2005, these costs shall be cost-shared (if applicable) with TDC Category "A" funds at the same percentage as the project. Major renomSshment reserves shall be accumulated in the budget with $2M per year after the completion of the major renourishment project currently in planning and permitting (as of November 2003; projected to start setting aside funds in FY 2006). Beach park facilities (including beach access property acquisition) shall be funded at an average of $2M per year. This funding allocation shall be adjusted annually in an amount equal to the percentage change in TDC Category "A" revenues. e. Remaining funds may be used for eligible grant applications as outlined in the policy below. 4. Eligibility. Eligible beach areas qualify for Category "A" funding. An "eligible beach area" has: a. At least one public access point from a public street; and b. Is no more than one-half mile from a beach park facility, public access point, hotel, motel or is a vital tourism area subject to abnormal erosion, provided that if at least 80% of a beach area is classified as eligible, otherwise ineligible gaps will be deemed eligible. 5. Level ofuse,. Eligible beach areas are classified according to use. a. "High use" is an eligible beach area within one-half mile of a hotel, motel, designated public parking or public shuttle drop-off point. b. "Low use" is an eligible beach area outside the limits for high use, provided that if at least 80% of a beach area is classified as high use, low use gaps will be deemed high use. 6. Level of service. Eligible beach areas qualify for Category "A" funding based on use. a. An eligible low use beach area qualifies for "minimum maintenance," meaning renourishment sufficient to provide minimum shoreline protection for a projected period of five years, including maintenance, monitoring and testing on a periodic basis as needed. b. An eligible high use beach area qualifies for full renourishment, meaning additional renourishment intended to enhance beach width for recreational or other public purpose. Agenda Item No. 16F2 April 27th, 2004 Page 6 of 7 c. Additional Category "A" funding may be provided for eligible low use beach areas for renourishment in addition to minimum maintenance, provided that at least 60% of the incremental cost is funded by private or other non-County sources. 7. Inlet Sand Bypassing. The bypassing of sand across inlets may be funded by Tourist Development Tax Category "A" funding provided the Inlet Management Plan recommends the bypassing and the sand will be placed on an eligible beach. No TDC Category "A" funding will be approved for dredging non-beach compatible material. Permit requirements, such as profile monitoring and beach tilling, will be funded the same way as the bypassing. 8. Shore protection structures and pro[ect sponsorship. Projects, including construction and maintenance of shore protection structures (groins, jetties, breakwaters, etc.), may be funded by Category "A" funding for eligible beaches. However, 'ownership' responsibilities must rest with an entity other than "Tourist Development Taxes" - i.e. there must be a project sponsor (private interests, taxing districts, municipalities or County Departments other than those funded with Tourist Development Taxes). 9. Grant Application Review. The Coastal Advisory Committee and the Parks and Recreation Advisory Board will prepare and maintain a proposed prioritized annual spending plan for the use of Tourist Development Tax Category "A" funds, with a ten year projection. The proposed plans will be submitted to the Board of County Commissioners (BCC) for their consideration and approval, via the TDC. These submissions will coincide with the annual Collier County budget cycle. The Coastal Advisory Committee will review all requests for Tourist Development Tax Category "A" funds, with the exception of County maintained beach park facilities that will be handled by the Parks and Recreation Advisory Board. Both advisory boards will make recommendations for approval, denial or modification to the BCC, via the TDC, consistent with the BCC established policy for use of these funds. Agenda Item No. 16F2 April 27th, 2004 Page 7 of 7 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of Aprll 27, 2004 MSTD General (Fund 111) Budget Amendment g04.218 Capital_ Data Processing Equipment $3,688 Reserves Reserve for Capital (3,688) Total -0- Funds are needed for purchase of two computers for landscape operations project managers. Agenda Item No. 16F3 April 27th, 2004 Page 1 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 16F3 Approval of Budget Amendment Report - BA #04-218 in the amount of $3,688 4/27/2004 9:00:00 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/19/2004 3:38 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/19/2004 3:56 PM Agenda Item No. 16F3 April 27th, 2004 Page 2 of 2 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-41 O, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations sen, es a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER.,: Tom }Ienning, District 3 FUNCTION/EVENT: 2004 Collier County Tourism Awards Luncheon Celebration PUBLIC PURPOSE: To honor award winners and visit with tourism industry personnel. DATE OF FUNCTION/EVENT: May 7, 2004 FISCAL IMPACT: $15.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION:. That the Board of County CommisSioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Henning to attend function serving a val~ Sam Tucker, Executive Aide to BCC APPROVED BY: ~e~F~on, Exe~uiive Matmger to BCC April 12, 2004 Date: L/'''~/--~ ' / Agenda Item No. 16H1 April 27th, 2004 Page 1 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 16H1 Commissioner Henning requesting approval for payment to attend a function serving a valid public purpose for the Collier County Tourism Awards Luncheon. Cost to be paid is $15.00. 4/27/2004 9:00:00 AM Prepared By Sam Tucker Board of County Commissioners Executive Aide to the BCC BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC BCC Office Date 4/15/2004 10:59 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/16/2004 12:18 PM Agenda Item No. 16H1 April 27th, 2004 Page 2 of 3 Agenda Item No. 16H1 April 27th, 2004 Page 3 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE:. For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: 2004 Collier County Tourism Awards Luncheon PUBLIC PURPOSE: To represent the county in honoring those that have worked towards increasing the amount of tourism brought to Collier County. DATE OF FUNCTION/EVENT: May 7, 2004 FISCAL IMPACT: $15.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: 4127/04 Agenda Item No. 16H2 April 27th, 2004 Page 1 of 3 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H2 Commissioner Coletta is requesting approval to attend a function serving a valid public purpose: The Greater Naples, Marco Island, Everglades Convention & Visitors Bureau's 2004 Collier County Tourism Awards Luncheon. 4/27/2004 9:00:00 AM Prepared By Nancy Rosiak Board of County Commissioners Executive Aide to the BCC BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC BCC Office Date 4/19/2004 9:47 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/20/2004 8:33 AM Agenda Item No. 16H2 April 27th, 2004 Page 2 of 3 ~oo (Pd~ St,~t, ~ $~, 8f~za,~ ~ ~^genaa,,~(Cnaa'ftem~o~tem o. 16H2 0'~ ~-t~ ~, 2004 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ' ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County mattcrs. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Florida Citrus Mutual PUBLIC PURPOSE: To represent Collier County at Florida Citrus growers 2004 area meeting in LaBelle DATE OF FUNCTION/EVENT: April 14, 2004 FISCAL IMPACT: $9.68 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: April 27, 2004 Agenda Item No. 16H3 April 27th, 2004 Page I of 3 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H3 Commissioner Coletta requests Board approval for payment to attend a function serving a Valid Public Purpose: The Florida Citrus Mutual's 2004 Area Meeting Luncheon in LaBelle on April 14, 2004 in the amount of $9.68. 4/27/2004 9:00:00 AM Prepared By Nancy Rosiak Board of County Commissioners Executive Aide to the BCC BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC BCC Office Date 4/19/2004 11:07 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/20/2004 4:16 PM Agenda Item No. 16H3 April 27th, 2004 Page 2 of 3 FLORIDA CITRUS MUTUAL PO Box 89 · Lakeland FL 33802 ° Phone (863) 682-1111 ° Fax (863) 682-1074 ° www.flcitrusmutual.com March 1,2004 Co~lSSloner Jim Cole~ Co~W Co~}ssioner- Collier 3301 Tmi~ Tr~l, E. Naples, FL 34112 Dear Commissioner Coletta: I would like to personally invite you to attend Florida Citrus Mutual's 2004 Area Meetings. As you are well aware, Florida cilxus growers are extremely concerned about local, state, national and intemational issues impacting their financial stability. These regional meetings provide a venue for growers to hear fi-om industry representatives and elected officials regarding topics important to their business and community. Each meeting begins at 11:00 a.m. with lunch served at noon. Below are the dates and locations: April 5 - Bartow, Polk Co. Extension Office, Stuart Building April 6 - Wauchula, Hardee Co. Civic Center April 8 - Sebring, Highlands Co. Extension Office ~ eio,,l¥~,~ Aprill2-Tavares, LakeCo. Extension Office /10'~~~l'''t: -' ' IJt~t, [r3+ In addition to the Area Meetings, we will be hosting an educational seminar titled "Managing Your Risk" at 9 a.m. prior to each meeting at the same location. Topics will include crop insurance, citrus economics, license/bond information and mechanical harvesting. We hope you will be able to join us. -- g ~ tn ~ *~ ~ ~ --~ f~[~*&4-- l Please RSVP to Mumal's office via phone~'~3);8--.2-1 lll~r via the website at www.t~dtmsmutual.com, by April 1. Again, I encourage you to attend and look foZward to seeing you there. Sincerely, Andrew W. LaVigne Executive Vice President/CEO Agenda Item No. 16H3 April 27th, 2004 Page 3 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: 2004 Collier County Tourism Awards Luncheon Celebration PUBLIC PURPOSE: To honor award winners and visit with the tourism industry personnel. DATE OF FUNCTION/EVENT: May 7, 2004 FISCAL IMPACT: $15.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Fiala to attend function serving a valid public purpose. PREPARED BY: Kathy Highbaugh, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: April 27, 2004 Agenda Item No. 16H4 April 27th, 2004 Page 1 of 3 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H4 Commissioner Fiala request for Board approval for payment to attend function serving a valid public purpose - 2004 Collier County Tourism Awards Luncheon Celebration. In the amount of $15.00 - funds to be paid from Commissioner's travel budget. 4/27/2004 9:00:00 AM Prepared By Kathy Highbaugh Board of County Commissioners Executive Aide to the BCC BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC BCC Office Date 4/20/2004 10:43 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/2012004 4:19 PM Agenda Item No. 16H4 April 27th, 2004 Page 2 of 3 $1§.00 ,~~ · j,: .-..-..-: Item No. 16H4 April 27th, 2004 P.age 3 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: Luncheon to honor former Mayor Bonnie Mackenzie PUBLIC PURPOSE: To honor former Mackenzie for her outstanding service to the City of Naples. DATE OF FUNCTION/EVENT: May 10, 2004 FISCAL IMPACT: $35.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Fiala to attend function serving a valid public purpose. PREPARED BY: Kathy Highbaugh, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: April 27, 2004 Agenda Item No. 16H5 April 27th, 2004 Page I of 3 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H5 Commissioner Fiala requests Board approval for payment to attend function serving a valid public purpose - Luncheon to honor former Mayor Bonnie Mackenzie. In amount of $35.00 - funds to be paid from Commissioner's travel fund. 4/27/2004 9:00:00 AM Prepared By Kathy Highbaugh Board of County Commissioners Executive Aide to the BCC BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC BCC Office Date 4/20/2004 10:43 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/20~2004 4:21 PM Agenda Item No. 16H5 April 27th, 2004 Page 2 of 3 Agenda Item No. 16H5 April 27th, 2004 Page 3 of 3 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 27, 2004 FOR BOARD ACTION: A. Minutes: Vanderbilt Beach M.S.T.U. Advisory Committee - Agenda for March 18 and April 1, 2004; Minutes of March 4, 2004. o Collier County Citizens Corps Advisory Committee -Agenda for February 18, 2004; Minutes of February 18, 2004. o Collier County Library_ Advisory_ Board - Agenda for March 24, 2004; Minutes of February 25, 2004. Forest Lakes Roadway and Drainage M.S.T.U. - Minutes of March 11, 2004; December 2003 Drainage Master Plan. o Golden Gate Estates Land Trust Committee Meeting - Minutes of February 2, 2004. ° Collier County Citizen Advisory Task Force - Agenda for February 12, 2004; Minutes of February 12, 2004. Collier County Pelican Bay Services - Budget Sub-Committee Meeting Agenda for March 17, 2004; Budget Sub-Committee Minutes for February 17, and 18, 2004. Regular Meeting of April 7, 2004; Minutes of March 3, 2004; Clam Bay Sub-Committee Minutes - March 3, 2004. ° Lely Golf Estates Beautification M.S.T.U. - Agenda for March 18, 2004 and April 15; Minutes of February 19, 2004 and Minutes of March 18, 2004. Collier County Planning Commission - Agenda for April 1, 2004; Regular Minutes of February 19, 2004; Special Meeting Minutes of February 19, 2004. 10. Productivity Committee Meeting Minutes - Minutes for February 18, 2004. 11. Coastal Advisory Committee Minutes - Minutes of February 12, 2004. 12. Environmental Advisory Council - Agenda for April 7, 2004; Minutes of March 3, 2004. H:Data/Format Agenda Item No. 1611 April 27th, 2004 Page 1 of 3 13. 14. 15. 16. 17. 18. 19. 20. Parks and Recreation Advisory_ Board.- Agenda for March 17, 2004; Minutes of February 18, 2004. Historical & Archaeological preservation Board - Agenda for March 17, 2004; Minutes of February 18, 2004. Development Services Advisory Sub-Committee - Budget and Operations Sub-Committee Agenda and Minutes of February 11, 2004 and September 10, 2003. Collier County Contractor's Licensing Board-~ Agenda for March 17, 2004. Radio Road Beautification M.S.T.U. - Agenda for March 16, 2004; Minutes of February 17, 2004. Immokalee Beautification M.S.T.U_. Advisory Committee - Agenda for March 17, 2004; Minutes of February 18, 2004. Lely Community Development Advisory Board - Minutes of January 21, 2004, December 17, 2003, and November 19, 2003. Collier County Revenue Commission - Agenda for January 28, 2004 ~ebruary 11, 2004; Minutes of January 28, 2004; February 11, 2004; Prioritization of the Four Un-financed Priorities Sub-Committee Agenda and Minutes for January 21, 2004, and Minutes of January 28, 2004. Other: 1) "Friends of the Library Group" Annual Reports for October 1, 2003 through September 30, 2003. 2) "Friends of the Parks" Groups Annual Reports for the following: Friends of Barefoot Beach Preserve; Friends of Tigertail; Friends of East Naples Community Park; Friends of Vineyards Community Park, and Friends of Veterans Park. H:Data/Format Agenda Item No. 1611 April 27th, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS item Number Item Summary Meeting Date 1611 Miscellaneous Items to File for Record with Action as Directed. 4/27/2004 9:00:00 AM Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC BCC Office Date 4116/2004 11:42 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/19/2004 3:36 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/19/2004 3:57 PM Agenda Item No. 1611 April 27th, 2004 Page 3 of 3 EXECUTIVE SUMMARY Approve Agreed Order and Authorize Payment of Planning Fees, Appraisal Fees, and Environmental Fees in the Lawsuit Styled Collier County v. Carole Cottstruction of Naples, Inc., et. al., Case No. 02-5139-CA (Immokalee Road Project g60018). ~ That the Board of County Commissioners approve an Agreed Order and authorize payment of planning fees, appraisal fees, and environmental fees with respect to Parcel 114 in the lawsuit styled Collier County vs. Carole Construction of Naples, Inc., et al., Case No. 02-5139-CA. CONSIDERATIONS: On May 13, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the easement acquisition of Parcel 114 for the Immokalee Road project (Project No. 60018). On May 20, 2003, Collier County deposited with the Registry of the Court the sum of $75,420 for Parcel 114, thereby vesting title in the Parcel in Collier County. On December 16, 2003, the Board of County Commissioners authorized the County Attorney's Office to make an Offer of Judgment for Parcel 114 in the amount of $90,504 and on January 16, 2004, Respondent accepted the County's offer. Consequently, a Stipulated Final Judgment was entered on February 26, 2004. All that remains to be resolved are planning fees, appraisal fees, and environmental fees which are reimbursable costs under Section 73.091, F.S. The County Attorney's Office has prepared an Agreed Order, a copy of which is attached as Exhibit "A", wherein the County shall pay the property owner the sum of $4400.00 for planning fees; $1125.00 for appraisal fees; and $451.00 for environmental fees for Parcel 114. FISCAL IMPACT:. Funds in the amount of $5976.00 are available from the Transportation gupported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT:. None. RECOMMENDATION.'. That the Board of County Commissioners: 1. Approve the Agreed Order and authorize payment of $5976.00 to the Roetzel & Andress Trust Account on behalf of the property owner for planning fees, appraisal fees and envkonmental fees for Parcel 114. Agenda Item 16K1 April 27th, 2004 Page I of 5 Item Number item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K1 Approve Agreed Order and Authorize Payment of Planning Fees. Appraisal Fees, and Environmental Fees in the Lawsuit Styled Collier County v. Carole Construction of Naples. Inc., et. al., Case No. 02-5139-CA ({mmokalee Road Project #60018). 4/27/2004 9:00:00 AM Prepared By He!dj F. Ashton County Manager's Office Assistant County Attorney County Attorney Office Approved By Lisa Taylor Transport!on Services Management,~Budget Analyst Transportation Administration Date 3!31/2004 12:59 PM Approved By Gregg R. Strakaluse Transportion Services Transportation Engineering,/ Construction Mgmt Director Transportation Engineering and Construction Date 3!31!2004 1:17 PM Approved By Norm E. Fader, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 3/3112004 3:41 PM Approved By Sharon Newman Transport!on Services Accounting Supervisor Transportation Administration Date 4/1!2004 3:15 PM Approved By Susan Usher County Manager's Office Senior Management'Budget Analyst Office of Management & Budget Date 4/14/2004 5 11 PM Approved By Kevin Hendricks Transportion Services Right Of Way Acquisition Manager Transportation Engineering and Construction Date 4!15!2004 g:50 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4!19!2004 4:5n PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4!19/2004 5:11 PM Approved By David C. We!gel County Manager's Office County Attorney County Attorney Office Bate 4!2!2004 11:40 AM Agenda Item 16K1 April 27th, 2004 Page 2 of 5 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, CAROLE CONSTRUCTION OF NAPLES, INC., et al., Respondents. Case No.: 02-5139-CA ParcelNo.: 114 / AGREED ORDER having come before the Court upon joint FLORIDA, Dollars and No/100 ($1125.00) further from Petitioner, COLLIER CONSTRUCTION OF NAPLES, INC., receive COUNTY, FLORIDA, the sum of Eleven Hundred Twenty-Five for appraisal fees incurred in connection with Parcel 114; it is Agenda Item 16K1 April 27th, 2004 Page 3 of 5 ORDERED that Respondent, CAROLE THIS CAUSE, motion made by Petitioner, COLLIER COUNTY, by and through its undersigned counsel, and Respondent, CAROLE CONSTRUCTION OF NAPLES, INC., by and through its undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondent, CAROLE CONSTRUCTION OF NAPLES, INC., receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Forty-Four Hundred Dollars and No/100 ($4400.00) for planning fees incurred in connection with Parcel 114 it is further ORDERED that Respondent, CAROLE CONSTRUCTION OF NAPLES, INC., receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Four Hundred Fifty-One Dollars and No/100 ($451.00) for the services of W. Dexter Bender & Associates for environmental fees incun'ed in connection with Parcel 114; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Fifty-Nine Hundred Seventy-Six Dollars and No/100 ($5976.00) to ROETZEL & ANDRESS TRUST ACCOUNT, c/o Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers, FL 33901 for planning fees, appraisal fees and environmental fees for Parcel 114. DONE AND ORDERED this __ day of March, 2004, in Naples, Collier County, Florida. CIRCU1T COURT JUDGE Conformed copies to: Heidi F. Ashton, Esquire Kenneth A. Jones, Esquire E. Glenn Tucker, Esquire JOENT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order as to Parcel 114. Dated: Dated: KENNETH A. JONES, ESQUIRE Florida Bar No.: 0200158 ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 (239) 337-3850 - Telephone (239) 337-0970 - Facsimile ATTORNEY FOR RESPONDENT HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ....... Page 4 of 5 ORDERED that Respondent, CAROLE CONSTRUCTION OF NAPLES, ][N'C., receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Four Hundred Fifty-One Dollars and No/I00 ($451.00) for the services of W. Dexter Bender & Associates for environmental fees incurred in connection with Pan:el 114; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Fifty-Nine Hundred Seventy. Six Dollars and No/100 ($?76.00) to ROE2~EL & ANDRESS TRUST A~COUNT, c/o Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers, FL 33901 for planning fees, appraisal fees and environmental fees for Parcel DONE AND ORDERED this day of March, 2004, in Naples, Collier County, Florida. Conformed copies to: Heidi F. Ashton, Esquire Kenneth A. Jones, Esquire E. Glenn Tucker, Esquire CIRCUIT COURT JUDGE JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order as to Parcel 114. ~E_TH Flohda Bar 3 o.: 0200158 ~. ROETZEI, ~ ANDRESS 2320 First S~ ~eet, Suite I000 Fort Myers, FL 33901 (239) 337-3850 - Telephone (239) 33743970 - Facsimile ATTORaNEY FOR RESPONDENT Dated: HEIDI F. ASFITON, ESQUIRE(5~ Florida Bar No.: 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 77443225 - Facsimile ATTORNEY FOR PETITIONER Agenda Item 16K1 April 27th, 2004 Page 5 of 5 EXECUTIVE SUMMARY Approve the Stipulated Final Judgment Relative to the Acquisition of Parcel 116 in the Lawsuit Styled Collier Cotlttty v. Calusa Pines Golf Club LLC, et al. Immokalee Road Project No. 60018. ~ That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcel 116 for the Immokalee Road project in the lawsuit styled Collier County v. Calusa Pines Golf Club LLC, et al., Case No. 02-5140-CA. CONSIDERATIONS: On May 13, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 116 for the Immokalee Road project (Project No. 60018). On May 20, 2003, the County deposited its good faith estimate of $33,900.00 into the Court Registry for Parcel 116 in accordance with the Order of Taking. On December 16, 2003, the Board of County Commissioners approved an Offer of Judgment in the amount of $40,680.00. Through negotiations, the parties have reached a settlement agreement whereby the property owner will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-511). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $41,715.00 to be paid to Respondent, Royal Watch, Inc., as full compensation for the property rights taken as to Parcel 116; and $1537.50 for expert fees; and $1522. 95 for statutory attorney fees. Thc additional amount of full compensation due to Respondent is $7815.00. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT~ Funds in the amount of $10,875.45 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION:. That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. approve the expenditure of the funds as stated. Agenda Item No. 16K2 April 27th, 2004 Page 1 of 7 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K2 Approve tl3e Stipulated Final Judgment Re~ative to the Acquisition of Parcel 116 in the Lawsuit Styled Collier County v. Calusa Pines Golf Club LLC, et al. Immokalee Road Project No. 60018. 4!27/2004 9:00:00 AM Prepared By He/dj F. Ashton County Manager's Office Assistant County Attorney County Attorney Office Approved By Lisa Taylor Transportion Services Management/Budget Analyst Transportation Administration Date 4/1/2004 3:16 PM Approved By Sharon Newman Transport/on Services Accounting Supervisor Transportation Administration Date 4!1f2004 3:14 PM Approved By Norm E. Fader, AICP Transport/on Services Transportation Di¥ision Administrator Transportation Services Admin, Date 4/1!2004 5:22 PM Approved By Gregg R. Strakaluse Transportion Services Transportation Engineering/ Construction Mgmt Director Transportation Engineering and Construction Date 4114/2004 8:47 AM Approved By Kevin Hendricks Transport/on Services Right Of Way Acquisition Manager Transportation Engineering and Construction Date 4/15/2004 9:51 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4/16/2004 7:22 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/1912004 3:41 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4119/2004 4:00 PM Approved By David C. We/gel County Manager's Office County Attorney County Attorney Office Date 4/5/2004 10:35 AM Agenda Item No. 16K2 April 27th, 2004 Page 2 of 7 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, CALUSA PINES GOLF CLUB LLC, et al., Respondents. THIS CAUSE COLLIER COUNWY, Case No.: 02-5140-CA Parcel No.: 116 / STIPULATED FINAL JUDGMENT having come before the Court upon Joint Motion made by Petitioner, FLORIDA, by and through the undersigned counsel, and Respondent, ROYAL WATCH, INC., by and through its undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 116, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is thc full compensation due Respondent, ROYAL WATCH, INC., and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, ROYAL WATCH, INC., have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Forty-One Thousand Seven Hundred Fifteen Dollars and No/100 ($41,715.00) for Parcel 116 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further Agenda Item No. 16K2 April 27th, 2004 Page 3 of 7 ORDERED that Respondent, ROYAL WATCH, INC., receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Fifteen Hundred Twenty-Two Dollars 95/100 ($1522.95) for statutory attorney fees pursuant to Section 73.092, F.S., for Parcel 116. Except as provided herein, there are no additional attorney fees or costs relating to Parcel 116; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay to Respondent, ROYAL WATCH, INC., the aggregate sum of Fifteen Hundred Thirty-Seven Dollars and 50/100 ($1537.50) for expert fees pursuant to Section 73.091, F.S.; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total amount of Nine Thousand Three Hundred Fifty-Two Dollars and 50/100 ($9,352.50) to ROETZEL & ANDRESS TRUST ACCOUNT, c/o Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers, FL 33901, equaling the balance of full compensation of $7815.00 due Respondent; and expert fees of $1537.50; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay the sum of Fifteen Hundred Twenty-Two Dollars and 95/100 ($1522.95) within thirty days of the date of this Stipulated Final Judgment, to KENNETH A. JONES, ESQUIRE, c/o Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers, FL 33901 for attorney fee~; it is further ORDERED that title to Parcel 116, a Fee Simple Easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated May 13, 2003, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3178, Page 1422, of the Public Records of Collier County, Florida be dismissed as to Parcel 116 it is further Agenda Item No. 16K2 April 27th, 2004 Page 4 of 7 ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ., 2004. CIRCUIT COURT JUDGE conformed copies to: Hcidi F. Ashton, Esquire Kenneth A. Jones, Esquire E. Glenn Tucker, Esquire Jean Howard, Esquire Kevin Hendricks, Transportation Acquisition Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 116. Dated: Dated: KENNETH A. JONES, ESQUIRE Florida Bar No.: 0200158 ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 (239) 337-3850 - Telephone (239) 337-0970 - Facsimile ATTORNEY FOR RESPONDENT HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER Agenda Item No. 16K2 April 27th, 2004 Page 5 of 7 EXHi=,,T A, _~sK ALEE ROAD ROYAL WATCH, IN(]. O.R. 1399, pG. BO'/ Nates: 1. Th~a is not a survey. 2. Basis of bearing is N/A. ,3. Subject to easements, reservations and rsetrictiome of record. FEE 81MI:~.~ ~N'rER~? 0 50 100 150 NOT TO SC/d-E: OESCRIP]3ON: The Northerly 78.84 feet, together ,,H.h t~e Southerly 9.g4. feet, of the Northerly 88.78 feet, of the Eeeterly 5.3.25 feet, of the West 52.5 feet, of the Nor/.t~ 1/'2.. of the East 1/2. et the West I/2 of the Northwest 1/4, ~e~e the North 100 feet, previously dedIcated for State Highway ~8~,S, Sect'~on 30, *Tovmehip '~8 Sauth, Range 27 Eest, Collier County, Florida. Containing 0.565 acres more or less. REYIS~ D 3/8/02 FLA. NOT SKETCH AND WILKI$ON &: TIES I II Agenda Item No. 16K2 April 27th, 2004 Page 6 of 7 ORDERED that this St/pulatecl Final Jud~nent is to be recorded in the Official Records of Collier County, Honda; it is therefore DON~E AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ., 2004. CIRCUIT COURT YUDGE conformed copies to: Heidi F. Ashton, Esquire Kenneth A. Jones, Esquire E. Glenn Tucker, Esquire Jean Howard, Esquire Kevin ltenchfcks. Transportation Acquisition Bookkeeping JOINT I~rlOTION FOR STIPULATED FINAL JLT}GMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 116. Dated: A. j~xm~SQt:~m~ Horida ]~a~No.: 0200158 ~oEr-~t& ~.~REss 2320 l~rst Street, Suite 1000 Fort Myers, FL 33901 (239) 337-3850 - Telephone (239) 3374)970 - Facsirmle ATTORNEY FOR RESPONDENT Dated: HEID! F. ASHTON, ESQUIRE Flor/da Bar No.: 0966770 COUNWY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Flor/da 34~ 12 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTOILNEY FOR PETrI'IONER Agenda Item No. 16K2 April 27th, 2004 Page 7 of 7 EXECUTIVE SUMMARY Approve Agreed Order and Authorize Payment of Appraisal Fees in the Lawsuit Styled Collier County v. Kathryn Hankins, et. al., Case No. 00.1296-CA (Golden Gate Boulevard Project #63041). OBJECTIVE: That the Board of County Commissioners approve the Agreed Order and authorize payment of appraisal fees with respect to Parcels 219 and 219T in the lawsuit styled Collier County v. Kathryn Hankins, et al., Case No. 00-1296-CA. CONSIDERATIONS: On June 30, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the easement acquisition of Parcels 219 and 219T for the Golden Gate Boulevard project (Project No. 63041). On July 17, 2000, Collier County deposited with the Registry of the Court the sum of $3400.00 for Parcels 219 and 219T thereby vesting title in the Parcels in Collier County. Through negotiations, the parties reached a settlement agreement whereby the property owners were fully and fairly compensated for the property interests taken in the amount of $7100.00. All that remains to be resolved are appraisal fees which are reimbursable costs under Section 73.091, F.S. The County Attorney's Office has prepared an Agreed Order, a copy of which is attached as Exhibit "A", wherein the County shall pay the property owners the sum of $4812.50 for appraisal fees for Parcels 219 and 219T. FISCAL IMPACT: Fund~ in the amount of $4812.50 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: Approve the Agreed Order and authorize payment of $4812.50 to the Stewart & Keyes Trust Account on behalf of the property owners for appraisal fees for Parcels 219 and 219T. Agenda Item No. 16K3 April 27th, 2004 Page 1 of 4 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~6K3 Approve Agreed Order and Authorize Payment of Appraisal Fees in the Lawsuit Styled Collier County v. Kathryn Hankms. et. al, Case No 00-1296-CA (Go den Gate Boulevard Project #63041 i- 4/27;2004 9:00:00 AM Prepared By Heidi F. Ashtot~ County Manager's Office Assistant County Attorney County Attorney Office Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Dete 4/13/2004 3:06 PM Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Da.~e 4/14!2004 7:29 PM Approved By Gregg R. Strakaluse Transportion Services Transportation Engineering/ Construction Mgmt Director Transportation Engineering and Construction Date 4/14/2004 8:48 AM Approved By Kevin Hendricks Transportion Services Right Of Way Acquisition Manager Transportation Engineering and Construction Date 4/15/2004 9:44 AM Approved By David C, Weigel County Manager's Office County Attorney County Attorney Office Date 4/16/2004 1:32 PM Approved By Susan Usher County Manager's Office Senior ManagemenUBudget Analyst Office of Management & Budget Date 4/16/2004 7:27 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4;19/2004 3:47 PM Approved By .James ¥. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/19/2004 4:02 PM Approved By Lisa Taylor Transportion Services Management/Budget Analyst Transportation Administration Date 4/6;2004 3:23 PM Agenda Item No, 16K3 Apdl 27th, 2004 Page 2 of 4 EN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COLTNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, KATHRYN HANKINS, et al., Respondents. / AGREED ORDER Case No.: 00-1296-CA Parcel No.: 219/219T THIS CAUSE, having come before the Court upon joint motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, KATHLEEN G. SEDLACEK and DONALD E. CLINE, by and through their undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents, KATHLEEN G. SEDLACEK and DONALD E. CLINE, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Four Thousand Eight Hundred Twelve Dollars and 50/100 ($4812.50) for appraisal fees incurred in connection with Parcels 219/219T; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Four Thousand Eight Hundred Twelve Dollars and 50/100 ($4812.50) to the STEWART & KEYES TRUST ACCOUNT, c/o William A. Keyes, Jr., Esquire, Stewart & Keyes, P.A, 2125 First Street, Suite 101, P. O. Drawer 790, Fort Myers, FL 33902-0790 for appraisal fees for Parcels 219/219T. Agenda Item No. 16K3 April 27th, 2004 Page 3 of 4 DONE AND ORDERED this __ day of April, 2004 in Naples, Collier County, Florida. Conformed copies to: Heidi F. Ashton, Esquire William A. Keyes, Jr., Esqaire E. Glenn Tucker, F_,squire Jean G. Howard, Esquire Avatar Properties, Inc. Bank of America, N.A. Market Street Mortgage Corp. CIRCUIT COURT JUDGE JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order as to Parcels 219/219T. Florida Bar No.: 0151638 STEWART & KEYES, P.A. 2125 First Street, Suite 101 P. O. Drawer 790 Fort Myers, FL 33902-0790 (239) 334-7477 - Telephone (239) 334-7941- Facsimile ATTOILNEY FOR RESPONDENTS Dated: HEIDI F. ASHTON, ESQUIRE ~-~ Honda Bar Ne.: 0966770 OFFICE OF THE COUNTY ATTORNrEy Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER Agenda Item No. 16K3 April 27th, 2004 Page 4 of 4 EXECUTIVE SUMMARY Approve Agreed Order and Authorize Payment of Planning Fees and Appraisal Fees for Parcel 127 in the Lawsuit Styled Collier County v. G. Herbst, et. al., Case No. 02-5138.CA (Immokalee Road Project #60018). OBJECTIVE: That the Board of County Commissioners approve the Agreed Order and authorize payment of planning fees and appraisal fees with respect to Parcel 127 in the lawsuit styled Collier Count. v. G. Herbst, et al., Case No. 02-5138-CA. CONSIDERATIONS: On May 22, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the easement acquisition of Parcel 127 for the Immokalee Road project (Project No. 60018). On June 6, 2003, Collier County deposited with the Registry of the Court thc sum of $25,500 for Parcel 127, thereby vesting title in the parcel in Collier County. On January 27, 2004, the Board of County Commissioners authorized the County Attorney's Office to make an Offer of Judgment for Parcel 127 in the amount of $30,600. Respondents accepted the County's offer and a Stipulated Final Judgment was entered on April 1, 2004. All that remains to be resolved are planning fees and appraisal fees which are reimbursable costs under Section 73.091, F.S. The County Attorney's Office has prepared an Agreed order, a copy of which is attached as Exhibit "A", wherein the County shall pay the property owners the sum of $1687.50 for appraisal fees and $1700.00 for planning fees for Parcel 127. FISCAL IMPACT: Funds in the amount of $3387.50 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: Approve the Agreed order and authorize payment of $3387.50 to the Roetzel & Andress Trust Account on behalf of the property owners for planning fees and appraisal tees for Parcel 127. Agenda Item No. 16K4 April 27th, 2004 Page 1 of 4 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~6K4 Approve Agreed Order and Authorize Payment of Planning Fees and Appraisai Fees for Parcel !27 in the Lawsuit Styled Collier County v. G Herbst. et. Case No, 02-5138-CA (Immokaiee Road Project #60018) 4/27/2004 9:00:00 AM Prepared By Heidi F. Ashton County Manager's Office Assistant County Attorney County Attorney Office Approved By Norm E, Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin, Date 4/13/2004 3:20 PM Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Da[e 4/14/2004 7:25 PM Approved By Gregg R. Strakaluse Transportion Services Transportation Engineering/ Construction Mgmt Director Transportation Engineering and Construction Date 4/14,'2004 8:48 AM Approved By Kevin Hendricks Transportion Services Right Of Way AcQuisition Manager Transportation Engineering and Construction 4/15/2004 9:45 AM Approved By David C. Weigel County Manager's Office County Attorney County Attorney Office Date 4/16/2004 1:34 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4/1612004 7:30 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/19/2004 3:48 PM Approved By James V. Mudd I~oard of County Commissioners County Manager County Manager's Office Date 4/19!2004 4:04 PM Approved By Lisa Taylor Transportion Services Management/Budget Analyst Transportation Administration Date 4/6/2004 3:24 PM Agenda item No. 16K4 Apnl 27th, 2004 Page 2 of 4 LN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, G. HERBST, et al., Respondents. / AGREED ORDER Case No.: 02-5138-CA Parcel No.: 127 is further Agenda Item No. 16K4 April 27th, 2004 Page 3 of 4 THIS CAUSE, having come before the Court upon joint motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, GLENN W. KRAPE, JR. and ELIZABETH A. KRAPE, by and through their undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents, GLENN' W. KRAPE, JR. and ELIZABETH A. KRAPE, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Seventeen Hundred Dollars and No/100 ($1700.00) for planning fees incurred in connection with Parcel 127; it is further ORDERED that Respondents, GLEN.'3,' W. KRAPE, JR. and ELIZABETH A. KRAPE, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Sixteen Hundred Eighty- Seven Dollars and 50/100 ($1687.50) for appraisal fees incurred in connection with Parcel 127; it ORDERED that Petitioner; COLLIER COL'N-I'Y, FLOR[DA, shall disburse the sum of Thirty-Three Hundred Eighty-Seven Dollars and 50/100 ($3387.50) to ROETZF~ & ANDRESS TRUST ACCOUNT, c/o Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First Street, Suite I000, Fort Myers, FL 33901 for planning fees and appraisal fees for Parcel 127. DONE AND ORDERED this __ day of March, 2004. in Naples, Colher County. Florida. Conformed copies to: Heidi F. A~hton, Esquire Kenneth A. Jones, Esquire E. Gtenn Tucker. Esquire CIRCUIT COURT JUIK3E JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order as to Parcel 127. Dated: ~ ?, ~e~% ?Il A. JONES, ESQUIRE Florida tr No.: 0200158 RoE'rTE. ;_ & AN'DRESS 2320 Firs Street, Suite 1000 Fort Mye:~, FL 33901 (239) 337-3850 - Telephone (239) 337-0970 - Facsimile ATTORNEY FOR RESPONrDENTS Dated: HEIDI F. AS}ITON, ESQUIRE Florida Bar No.: 0966770 COUNTY ATrORNEY' S OFFICE Harmon Turner Building 3301 East Tarmam/Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 7744)225 - Facsimile A'VFORNEY FOR PETITIONER Agenda Item No. 16K4 April 27th, 2004 Page 4 of 4 EXECUTIVE SUMMARY Authorize the Making of Five Offers of Judgment Relative to the Fee Taking of Parcel Nos. 808, 908, 112, 114 and 914 in the Lawsuit Styled Collier County v. Elias Valencia, et al., Case No. 03-2274-CA (Golden Gate Parkway Project #60027). OBJECTIVE: To approve and authorize the making of five Offers of Judgment relative to the fee taking of Parcel Nos. 808, 908, 112, 114 and 914 in the lawsuit styled Collier County v. Elias Valencia, et al., Case No. 03-2274-CA (Golden Gate Parkway Project g60027). CONSIDERATIONS: On September 12, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcels 808, 908, 112, 114 and 914 for the Golden Gate Parkway Project (Project No. 60027). On September 26, 2003, Collier County deposited with the Registry of the Court the sum of $31,400 for Parcels 808, 908, 112, 114 and 914 in accordance with the Order of Taking. The Offers of Judgment, copies of which are attached, offer the property owners the sums outlined below as full compensation for the property taken, including any severance damages, statutory interest, business damages, damages to the remainder and costs to cure, but does not include attorney's fees or other such costs, and interest. These figures are based on the application of the highest comparable unit value to the subject parcel and takes into account the potential risks and costs in proceeding to trial. The making of the Offers of Judgment will require the Respondents to carefully assess th6ir claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If any of the Respondents accept, the County will be required to deposit a sum equal to additional compensation (noted below) up to $6,280 into the registry of the Court, which will be paid to Respondents by Stipulated Final Judgment(s) of the court. If Respondents reject the offer, and fail to recover more than the sums outlined below for Parcels 808, 908, 112, 114 and 914, respectively, either through settlement or jury verdict, the County will not be required to pay any costs incurred by the respective Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. Parcel OT Deposit No._= Made by County Additional CompensatiOn (Difference between Deposit and Offer of Judgment) Offer of Judgment 808 $ 9,000 $1,800 908 $ 400 S 80 112 $ 9,600 $1,920 114 $12,300 $2,460 914 $ 100 $ 20 $10,800 $ 480 $11,520 S14,760 $ 120 Agenda Item No. 16K5 April 27th, 2004 Page I of 10 The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers thc terms of thc Offers of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $6,280 are available in the FY 04 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH ~kNAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 2. 3. 4. Approve thc terms of thc Offers of Judgment and authorize its service on Respondents; and Approve the expenditure of funds as stated: and Authorize up to $6,280 to be paid into thc Registry of the Court in the event all of the Offers of Judgment are accepted by Respondents; and Approve Stipulated Final Judgments based on the acceptance of the Offers of Judgment. 2 Agenda Item No. 16K5 April 27th, 2004 Page 2 of 10 Item Number Item Summary Meeting Date COLLIER COUNTY r~OARD OF COUNTY COMMISSIONERS 16K5 Authorize the Makirlg of Fwe Offers of Judgmer~?. Reia~ve to tile Fee Taking of Parcel Nos. SOS. 908, 112, 114. and 9i4 ~n lhe Lawsu~i Styled Coil er County v Ei~as Vaienc~a, et a~, Case No. 03-2274-CA iGo~den Gate Parkway Proiect :~60027) 4!27i2004 9:00:00 AM Prepared By Heidi F. Ashton County' Manager's Office Assistant County Attorney County Atlorney Office Approved By Norm E. Feder. AICP Transportion Services Transportation Division Administrator Transportation Services Admm. Date 4/13i2084 3:21 PM Approved By Trans~ortion Services Accou,~ting Supervisor Tra!'ts portation Administration Date 4/14;2004 7:21 PM Approved By Gregg R. Strakaluse Transportion Serv!ces Transportation Engineering/ Date Construchon Mgmt Director Transportation Engineering and Construclion 4/14/2004 8;49 AM Approved By David C. Weige[ County Manager's Off[ce County Attorney Date County Attorney Office 4,¢16!2004 1:37 PM Approved By Susan Usher County Manager's Office Senior Managemenb'Budget Analyst Office of Management & Budget Date 4!16i2004 7:33 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/20i2004 11:09 AM Approved By James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 4/20/2004 4:43 PM Approved By Lisa Taylor Transportion Services Management/Budget Analyst Transportation Administration Date 4t9/2004 11:2'1 AM Agenda item No. 16K5 Apdl 27th, 2004 Page 3 of 10 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner. VS. ELIAS VALENCIA, et al. Respondents. TO: Case No. 03-2274-CA Parcel No.: 112 / OFFER OF JUDGMENT Elias Valencia 2930 70th Street SW Naples, FL 34t05-7216 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondent, ELIAS VALENCIA ("Respondent"), for all compensation, including severance damages, statutory interest, business damages, costs to cure. together with the value of the taking, and any other claims of Respondent arising out of the taking of Parcel 112 in the total amount of Eleven Thousand Five Hundred Twenty and No/100 Dollars ($11,520.00), for Parcel 112, which includes the amount of $9,600.00 which was deposited pursuant to the Order of Taking dated September 12, 2003. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondents' review upon reasonable notice of such a request. Agenda Item No. 16K5 April 27th, 2004 Page 4 of 10 Dated this day of March. 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 - Telephone (941) 774-0225 - Facsimile BY: HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail this __ day of March, 2004, to all persons listed below. HEIDI F. ASHTON, ESQUIRE PARCEL 112 Elias Valencia 2930 70th Street SW Naples, FL 34105-7216 ALL PARCELS Collier County Tax Collector c/o E. Glenn Tucker, Esquire RHODES, TUCKER & GARRETSON P. O. Box 887 Marco Island, FL 34145 Agenda Item No. 16K5 April 27th, 2004 Page 5 of 10 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. ELIAS VALENCIA, et al. Respondents. Case No. 03-2274-CA Parcel Nos.: 114 & 914 TO: OFFER OF JUDGMENT Ronald G. Bender. Trustee under that Certain Declaration of Trust dated May 17. 1992 2660 66th Street SW Naples, FL 34105-7310 Michele J. Bender, Trustee under that Certain Declaration of Trust dated May 17, 1992 2660 66th Street SW Naples, FL 34105-7310 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, RONALD G. BENDER and MICHELE J. BENDER, as Trustees under that Certain Declaration of Trust dated May 17, 1992 ("Respondents"), for all compensation, including severance damages, statutory interest, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent arising out of the taking of Parcels 114 and 914 in the total amount of Fourteen Thousand Eight Hundred Eighty and Noll00 Agenda Item No. 16K5 April 27th, 2004 Page 6 of 10 Dollars ($14,880.00), for Parcels 114 and 914, which includes the amount of $12,400.00 which was deposited pursuant to the Order of Taking dated September 12.2003. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondents' review upon reasonable notice of such a request. Dated this day of March. 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: HEIDI F. ASHTON. ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail this day of March, 2004, to all persons listed below. HEIDI F. ASHTON, ESQUIRE PARCELS 114 & 914 Ronald G. Bender, Trustee Michele J. Bender, Trustee 2660 66th Street SW Naples, FL 34105-7310 ALL PARCELS Agenda Item No. 16K5 April 27th, 2004 Page 7 of 10 Collier County Tax Collector c/o E. Glenn Tucker, Esquire RHODES, TUCKER & GARRETSON P. O. Box 887 Marco Island. FL 34145 Agenda Item No. 16K5 April 27th, 2004 Page 8 of 10 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, ELIAS VALENCIA, et al. Respondents. TO: Case No. 03-2274-CA Parcel Nos.: 808 & 908 / OFFER OF JUDGMENT Elias Valencia 2930 70th Street SW Naples, FL 34105-7216 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondent, ELIAS VALENCI.': C"Respondent"), for all compensation, including severance damages, statutory interest, business damages, costs to cure, together with the v',due of the taking, and any other claims of Respondent arising out of the taking of Parcels 808 & 908 in the total amount of Eleven Thousand Two Hundred Eighty and No/100 Dollars ($11,280.00), for Parcels 808 & 908, which includes the amount of $9,400.00 which was deposited pursuant to the Order of Taking dated September 12, 2003. There are no non-monetary term,~ or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attomeys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondents' review upon reasonable notice of such a request. Agenda Item No. 16K5 April 27th, 2004 Page 9 of 10 Dated this day of March, 2004. OFFICE OF THE COUNTY ATI'ORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: HEIDI F. ASHTON. ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a truc and correct copy of thc foregoing has been furnished by U.S. Mail this __ day of March, 2004, to all persons listed below. HEIDI F. ASHTON, ESQUIRE PARCELS 808 & 908 Elias Valencia 2930 70th Street SW Naples, FL 34105-7216 ALL PARCELS Collier County Tax Collector c/o E. Glenn Tucker, Esquire .?,HODES, TUCKER & GARRETSON P. O. Box 887 Marco Island, FL 34145 Agenda Item No. 16K5 April 27th, 2004 Page 10 of 10 EXECUTIVE SUMMARY Approve Agreed Order and Authorize Payment of Planning Fees and Appraisal Fees for Parcel 128 in the Lawsuit Styled Collier County v. G. Herbst, et. al., Case No. 02-5138-CA (Immokalee Road Project 060018). OB..IECTIVE: That the Board of County Commissioners approve the Agreed Order and authorize payment of planning fees and appraisal fees with respect to Parcel 128 in the lawsuit styled Collier County v. G. Herbst, eta& Case No. 02-5138-CA. CONSIDERATIONS: On May 22, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the easement acquisition of Parcel 128 for the Immokalee Road project (Project No. 60018). On June 6, 2003, Collier County deposited with the Registry of the Court thc sum of $26,100.00 for Parcel 128, thereby vesting title in the parcel in Collier County. On January 27, 2004, the Board of County Commissioners authorized the County Attorney's Office to make an Offer of Judgment for Parcel 128 in the amount of $31,320.00. Respondents accepted the County's offer and a Stipulated Final Judgment was entered on April 2, 2004. All that remains to be resolved are planning fees and appraisal fees which are reimbursable costs under Section 73.091, F.S. The County Attorney's Office has prepared an Agreed Order, a copy of which is attached as Exhibit "A", wherein the County shall pay the property owners the sum of $1050.00 for appraisal fees and $660.00 for planning fees for Parcel 128. FISCAL IMPACT: Funds in the amount of $1710.00 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order and authorize payment of $1710.00 to the Roetzel & Andress Trust Account on behalf of the property owners for planning fees and appraisal fees for Parcel 128. Agenda Item No. 16K6 April 27th, 2004 Page 1 of 4 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS !6K6 Approve Agreed Order and Authorize Paymet~t of Piannin9 Fees and Appraisal Fees for Parcel 128 in the Lawsuit Styled Co lief Coumv, v. G. Herbst. et aL, Case No 02-5! 38-CA l, lrnmokalee Road Proiect ¢60018) 4,,'27/2004 9:00:00 AM Prepared By Heidi F. Ashton County Manager's Office Assistant County Attorney County Attorney Office Approved By Sharon Newman Transportion Services Accounting Supe~isor Transportation Administration 4/1412004 7:17 PM Approved By Gregg R. Strakaluse Transportion Services Transportation Engineering/ Construction Mgmt Director Transportation Engineering and Construction Date 4/14/2004 8:49 AM Approved By Kevin Hendricks Transportion Services Right Of Way Acquisition Manager Transportation Engineering and Construction Date 4/15/2004 9:46 AM Approved By Norm E, Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 4/15.;2004 3:16 PM Approved By David C. Weigel County Manager's Office County Attorney County Attorney Office Date 4/16/2004 1:38 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4/16/2004 7:36 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/19/2004 3:51 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/19/2004 4:36 PM Approved By Lisa Taylor Transportion Services Management/Budget Analyst Transportation Administration Date 4/9/2004 11;24 AM Agenda Item No. 16K6 April 27th, 2004 Page 2 of 4 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-5138-CA Parcel No.: 128 VS. G. HERBST, et al., Respondents. / AGREED ORDER THIS CAUSE, having come before the Court upon joint motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, WAYNE ZLMMEILMAN and RUTH ZIMMERMAN, by and through their undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents, WAYNE ZIMMERMAN and RUTH ZIMMERMAN, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Six Hundred Sixty Dollars and No/100 ($660.00) Parcel 128; it is further for planning fees incurred in connection with ORDERED that Respondents, WAYNE ZIMMERMAN and RUTH ZIMMERMAN receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Thousand Fifty Dollars and No/100 ($1050.00) for appraisal fees incurred in connection with Parcel 128; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Seventeen Hundred Ten Dollars and No/100 ($1710.00) to ROETZFp[0c~d~~.~[%~T April 27th, 2004 Page 3 of 4 ACCOUNT, c/o Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers, FL 33901 for planning fees and appraisal fees for Parcel 128. DONE AND ORDERED this __ day of April, 2004, in Naples, Collier County, Florida. Conformed copies to: Heidi F. Ashton, Esquire Kenneth A. Jones, Esquire E. Glenn Tucker, Esquire Bookkeeping CIRCUIT COURT JUDGE JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order as to Parcel 128. Dated: Dated: KENNETH A. JONES, ESQUIRE Florida Bar No.: 0200158 ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 (239) 337-3850 - Telephone (239) 337-0970 - Facsimile ATTORNEY FOR RESPONDENTS HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER Agenda Item No. 16K6 April 27th, 2004 Page 4 of 4 EXECUTIVE SUMMARY Approve the Mediated Settlement Agreement as to Parcel 167A in the lawsuit styled Collier County v. Andy R. Morgan, et al., Immokalee Road Project 60018 (total cost of $27,408.00). OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and Stipulated Final Judgment as to Parcel 167A in settlement of the lawsuit entitled Collier Counm. v. Andy. R. Morgan, et al, Case No. 02-5169-CA. CONSIDERATIONS: On May 13, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 167A for the Immokalee Road project (Project No. 60018). On May 23, 2.004, Collier County deposited into the Court Registry the sum of $96,700.00 for Parcel 167A in accordance with the Order of Taking. On April 12, 2004, at a Mediation Conference the parties agreed to a Mediated Settlement Agreement whereby the property owner will be fully and fairly compensated for the property interest taken for public purposes enumerated in the resolution of condemnation (Resolution No. 2002-511). The Stipulated Final Judgment provides for $115,000.00 to be paid to Respondent. Alice K. Andersen, as full compensation for the property rights taken as to Parcel 167A. If approved by the Board of County Commissioners, the County will pay an additional $27.408 above the good faith deposit, which will include $18,300 in compensation and $9,108 in attorney's fees based on the statutory entitlement of 33% of the benefit obtained. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $27,408.00 are available in the FY 2004 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Capital Improvement Element and the Transportation Element of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Mediated Settlement Agreement; 2. Approve the expenditure of the funds as stated; Approve a Stipulated Final Judgment based on the terms of the Mediated Settlement Agreement and authorize payment accordingly. Agenda Item No. 16K7 April 27th, 2004 Page 1 of 10 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1,,3K 7 Approve tile Mediated Settle ~er Agreement as to Parco, 167A ~n the iawsu;t s..').ied Coher Coumv v. Andy R Morgan et al.. tmmokalee Road Project 60018 (tgf:~t cost of $2740800) 4!27,"2004 9:00:00 AM Prepared By Jeffrey C C~apper County Manager's Office Legal Assistant County Attorney Office Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 4/14/2004 7:14 PM Approved By Norm E Fader. AICP Transportion Services Transportation Division Administrator Transportation Services Admln. Date 4/15/2004 3:18 Approved By Kevin Hendricks Transpodion Services Right Of Way Acquisition Manager Transportation EnDineermg and Construction 4/15/2004 9:49 AM Approved By Lisa Taylor Transoort~on Services ~¢anagement/Budget Anaiyst Transportation Administration 4/! 5!2004 9:51 AM Approved By EHen T, Chadwetl County Manager's Office Assistant Coonty A,'torqey Date County Attorney Office 4/16/2004 1:56 PM Approved By David C. Weigel County Manager's Office County Attorney Date County Attorney Office 4/t6/2004 1:58 PM Approved By Gregg R. Strakaluse TransDortion Services Transportation Engineering/ Construction Mgmt D~rector Transportation Engineering and Construction 4/16/2004 8:28 AM Approved By Susan Usher County Manager's Office Senior Management:Budget Analyst Office of Management & Budget Date 4116/2004 7:40 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Data 4;20/2004 12:08 PM Approved By James V, Mudd Board of County CofDITlissiorle rs County Manager County Manager's Office Date 4/20/2004 4:28 P~ Agenda Item No. 16K7 April 27th, 2004 Page 2 of 10 IN Tile CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CI~qL ACTION COLLIER COUNTY, FLORIDA. a p~litical subdivision of the State of Florida, Petitioner, VS. ANDY R. MORGAN. et al. Respondents. / Case No.: 02-5169-CA Parcel No.: 167A STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COU~'TY. FLORIDA. and Respondent, ALICE K. ,&\'DERSEN, by and through their undersigned counsel, for onto' of a Stipulated Final Judgment as to Parcel 167A, and it appearing to the Co'art that the parties are authorized to make such Mo:ion. the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due the Respondent. ALICE K. ANDERSEN, as sole ovmer, and the Court being otherwise fully advised in the premises thereof,, it is thereupon ORDERED AND ADJUDGED that Respondent, ALICE K. ANDERSEN, being sole owner of all right, title and interest in Parcel 167A. and the remainder property, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Hundred Fifteen Thousand and No/100 Dollars ($115,000.00) for Parcel 167A as full payment for the property interests taken and for damages resulting to the remainder, if less than the Agenda Item No. 16K7 April 27th, 2004 Page 3 of 10 entire property was taken, and for all other damages and claims in connection with said parcel; it is further ORDERED that Respondent, ALICE K. ANDERSEN, receive from Petitioner. COLLIER COUNTY, FLORIDA, as a reasonable atlomey's fee the sum of Nine Thousand One Hundred Eight and No/100 Dollars (S9,108.00); it is further ORDERED that the Court reserves jurisdiction to consider additional costs for expert's fees, costs, and expenses upon proper motion by Respondents; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total amount of Twenty-Seven Thousand Four Hundred Eight and No/100 Dollars ($27,408.00) to ROETZEL & AN-DRESS TRUST ACCOUNT, c/o Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First Street, Suite 1000. Fort Myers, FL 33901. ORDERED that this Slipulated Final Judgment resolves any and all claims and issues between Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, ALICE K. ANDERSEN, pertaining to the lmmokalee Road Project (Project No. 60018); and it is further ORDERED that title to Parcel 167A, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNIY. FLORIDA, pursuant to the Order of Taking dated May 13, 2003, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ORDERED that tee terms of the Mediated Settlement Agreement entered into by the parties on April 12. 2004, and having been approved by the Board of County Commissioners on April 27, 2004, are incorporated herein and made a part hereof; it is further Agenda Item No. 16K7 April 27th, 2004 Page 4 of 10 ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3178. Page 2225 of the Public Records of Collier County, Florida be dismissed as to Parcel 167A; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier Count', Florida; it is further ORDERED that this Court reserves jurisdiction for enforcement of this Stipulated Final Judgment; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this __ day of .2004. Conformed Copies to: Ellen T. Chadx~ell. Esq. Kenneth A. Jones, Esq. E. Glenn Tucker. Esq. Bookkeeping Paul A. Murray, Esq. Comcast Cablevision of the South. Inc. TED BROUSSEAU Circuit Court Judge Agenda Item No. 16K7 April 27th, 2004 Page 5 of 10 JOE,IT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 167A, and state as follows: 1. The Respondent, Alice K. Andersen, owned Parcel 167A ~Sth Daniel J. Andersen as joint tenants by the entireties. 2. On March 28, 2003, Respondent filed a Suggestion of Death stating that Daniel J. Andersen died on June 26, 1994. As sm'riving tenant, Alice K. Andersen. owned all title, right and interest in Parcel 167A as of the date of deposit. 3. The parties have entered into a Mediated Settlement Agreement, the terms cf which are incorporated by the Stipulated Final Judgment. WHEREFORE, the undersigned request that the Court enter the foregoing Stipulated Final Judgment as to Parcel 167A. Dated: Dated: KENNETlt A. JONES, ESQUIRE Florida Bar No.: 0200158 ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, Florida 33901 (239) 337-3850 - Telephone (239) 337-0970 - Facsimile ATTORNEY FOR RESPONDENT. ALICE K. ANDERSEN ELLEN T. CltADWELL, ESQUIRE Florida Bar No.: 0983860 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER Agenda Item No. 16K7 April 27th, 2004 Page 6 of 10 ~E SD,1PI.E h'NTEREST PARCEL $q 67A 1MMoKALEE ROAD _____.___---- ~46~ - 330.6Y N DANIEL J- ANDERSEN ALICE K. ANDERSEN O.R. 953, PO. 1062 101 ~ 0 50 100 150 1. Th's is not o ~urve¥. 2. Basle of bearing L~ plot. 3. Subject to easements. reservations and restrictions of z. Ail dimensions ore pl~t unless Description: The Northerly 3S2.98 feet of Tract 101, Golden Gct¢ Estates, Unit 20, as Recorded I~ ~!ot Book 7, Page 80, of the Public R~cords of Coil;er County. F, or!da. Containing 2.754 acres, mo~e or less. · r~. uc. N NOT VAUD ~E ORI~N~ ~SED SKETCH AND WILKISON & lINC. M ENGINEERS, SURVEYORS AND PLANNERS 3508 EXCHANGE AVE. NN%I~,, FLA. 3~104 (9~'1) 645-2404 F~ NO. (941) 64~-5175 ~ORIDA BU~NESS UC~S[ NO. ~5770 ORA~ BY J R~ N~ EAW ~ 00--018-O~.OWG ~E~ BY D~. NO. DJH ~R-L-167A Agenda Item No. 16K7 April 27th, 2004 Page 7 of 10 CERTIFICATE OF SERVICE. I hereby certify ~at a true and correct copy of the foregoing Joint Motion Stipulated Final Judgment has been furnished by U.S. mail to the parties set forth below. ELLEN T. CHADWELL, ESQ. Daniel J. Andersen Alice K. Andersen c/o Kenneth A. Jones, Esq. 2320 First Street Suite 1000 Ft. Myers, FL 33901-3419 Guy Carlton, Collier County Tax Collector c/o E. Glenn Tucker, Esq. RHODES & TUCKER P. O. Box 887 Marco Island, FL 34146 Time Warner, Inc., a Delaware Corp. cio Paul A. Murray, P.A. 28000 Spanish Wells Bonito Springs, Florida 34135. Comcast Cablevision of the South. Inc.. a Colorado Corp. CT Corporation System, its Registered Agent 1200 South Pine Island Road Plantation, F1 33324 Agenda Item No. 16K7 April 27th, 2004 Page 8 of 10 IN THE CIRCUIT COURT OF THE TWENTIETH IUDICIAL CIRCUIT IN AND FOR COLLIER COLLN'ry, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA. a poiiacal subdivision of the State of Florida, Petitioner, V. ANDY IL MORGAN, et al., Defendants. CASE NO.: 02-5169-CA PARCEL NO.: 167A/Anderson MEDIATED SETTLEMENT AGREEM~ENT At a MediaUon Conference held on April 12, 2004, the parties reached the following Settlement Agreement: 1. pemioner will pay to Defendant(s), ~//~-~ J~- ~~ the sum of $ i lff~ 0170. °~/,~ga in full settlement of ail claims for compensation fi-om Petitioner whatsoever, inc!udmg statuto~ interest, but excluding ~ expert's fees, 2 Petitioner is entitled to a credit in the amount of$ ~}0,7~0, ~%-' O which was previously deposited in the RegistW of the Court in th/s ca.se by Petitioner. 3. Counsel for Petitioner and Defendant(s) will jointly submit to the Court for signature a mutually approved form of Stipulated Final Judgment of this matter as soon as practical hereat~er. 4. Petitioner w/il pay Defendant(s) the bal~ce due o£$ ~ ,,~ 7 t'/tgo~. ~ w/tkin ,.~O days of the entry of the Stipulated Final Judgment by the Court. Agenda Item No. 16K7 April 27th, 2004 Page 9 of 10 5 This Agreement is subject to approval by the Board of County Commissioners of Co/tier County. 6. The Court wilt retain jurisdiction herein as to the matter of Defendants expert's fees, and costs. Attached hereto is an Addendum to this Agreemem. Yes ~agr~ements of the parties. Pent,one This Agreement and the attached addendum, if any, contain(s) all of the Attorney for Petitioner Defcnd~ / nt Agenda Item No. 16K7 April 27th, 2004 Page 10 of 10 EXECUTIVE SUMMARY RECOM~MENDATION THAT THE BOARD APPROVE AND AUTHORIZE THE CHAIRMAN TO EXECUTE A CONTINUING RETENTION AGREEMENT FOR SERVICES ON AN "AS NEEDED" BASIS WITH THE LAW FIRM OF ALLEN, NORTON & BLUE, P.A., TO MEET COUNTY PURCHASING POLICY CONTRACT UPDATE REQUIREMENTS. OBJECTIVE: That the Board approve a Retention Agreement With Allen, Norton & Blue, P.A. for outside legal services on an "as needed" basis. CONSIDERATIONS: Attached for the Board's approval is a Retention Agreement with the law firm of Allen, Norton & Blue, P.A., ("Allen, Norton") which is a law firm used by the County on an as- needed basis to provide specialized legal services. The contract does not address any specific project or assignment but rather sets forth the criteria under which payment will be made when services are requested. Although this firm has a wide array or' legal expertise, the County generally requests services on an as-needed basis in the area of Labor Law and employment matters. The rates charged by the law firm var)', as with any law firm, depending upon the attorney working on the matter and the other resources that are necessary to provide the County with the services it requests. Although this firm has increased its rates slightly over the prior agreement, the firm had agreed that the increased rates would not be charged to the County under past agreement renewals and would only be effective when it was necessary to revise the contract. Slightly increased rates are therefore reflected in the attached agreement. The agreement also provides for reimbursement of actual out-of-pocket expenses to make clear that lodging and traveling expenses are to be paid in accordance with Section 112.061, Florida Statutes, which is the section applicable to travel by County personnel. FISCAL IMPACT: The approval and execution of the attached continuing retention agreement has no fiscal impact in and of itself but there will be a fiscal impact in accordance with the terms and conditions of such contracts, upon the County's request for legal services. Such fiscal impact will be determined on an hourly basis at the rate of the attorney working on the request or project and will include appropriate reimbursable expenses including travel and per diem expenses in accordance with Section 112.061, Florida Statutes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve and authorize the Chairman to execute the attached continuing retention agreement with the law firm of Allen, Norton & Blue, P.A. for specialized legal services requested on an as-needed basis. Agenda Item No. 16K8 April 27th, 2004 Page 1 of 22 Item Number Item Summary Meeting Date Approved By David C. Weigel County Manager's Office COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K8 Recommendation that the Board approve and authorize the Chairman to execute a Retention Agreement for services on an "as needed" basis with the law firm of Allen, Norton & Blue, P.A., to meet county purchasing policy contract update requirements. 4/27/2004 9:00:00 AM County Attorney County Attorney Office Date 4/16/2004 2:31 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/20/2004 2:32 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/20/2004 4:51 PM Agenda Item No. 16K8 April 27th, 2004 Page 2 of 22 RETENTION AGREE/$fENT WITH ALLEN~ NORTON & BLLrE~ P.A. This Retention Agreement is made by and between the Board of County Comrmssioners of Collier County, Florida (the "County"), and the law firm of Allen, Norton & Blue, P.A., of Tampa, Florida ("Allen, Norton"). Whereas, Allen. Norton has special expertise and resources in a wide range of legal matters, with particular expertise in labor and employment related matters; and Whereas, the County from time to dine has a requirement and need for legal services which are particularly within the expertise of Allen, Norton; Now, Therefore, in consideration of the premises contained herein, the County hereby hires and retains Allen, Norton and Allen, Norton hereby agrees to provide legal services to County. ARTICLE 1 COMPENSATION; METHOD OF PAYMENT 1.2 Compensation shall be paid to Allen, Norton in accordance with the terms set forth in Exhibit A attached hereto and made a part hereof. Requirements for reimbursable expenses are set forth in Exhibit B, attached hereto and made a part hereof. Expenses other than automobile expenses must be documented by copies of paid receipts or other evidence of payment. The Cerxificate contained in Exhibit C must be included with every invoice subrmtted for payment. The rates set forth in Exhibit A shall remain in effect without change for a n'untmum of three (3 years) from the effective date of this Agreement. Zn the fourth and fifth years of the Agreement, upon the request of Allen, Norton. the County Attorney is authorized to Page I of 19 I Ill II Agenda Item No. 16K8 April 27th, 2004 Page 3 of 22 RETENTION AGREEMENT V¢]TII ALLEN~ NORTON & BLUE, P.&. 5~ This Retention Agreement is made by and between the Board of County Commissio~rs of Collier County, Florida (the "County"), and the law firm of Allen, Norton & Blue, P.A., ~a~ Tampa, Florida ("Allen, Norton"). t:~ Whereas, Allen, Norton has special expertise and resources in a wide range of legal matters, with particular expertise in labor and employment related mattera; and Whereaz, the County from time to time has a requirement and need for legal services which are particularly within the expertise of Allen, Norton; Now, Therefore, in consideration of the premises contained herein, the County hereby hires and rctmns Allen, Norton and Allen, Norton hereby agrees to provide legal services to Counly. ARTICLE 1 COMPENSATIONi METHOD OF PAYMENT t.l Compensation shall be paid to Allen, Norton in accordance with the terms set forth in Exhibit A attached here:o and made a part hereof. Requirements for reimbursable expenses are set forth in Exhibit B, attached hereto and made a part hereof. Expenses other than automobile expenses must be documented by copies of paid receipts or other evidence of payment. The Certificate contained in Exhibit C must be included with ever3' 1.2 ;nvoice submitted for payment. 'l'n¢ rates set forth in Exhibit A shall remain in effect without change for a minimum of three (3 years) from the effective date of this Agreement. In the fourth and fifth years of the Agreement, upon the request of Allen, Norton, the County Attorney is authorized to Page 1 of 19 Agenda Item No. 16K8 April 27th, 2004 Page 4 of 22 1.3 negotiate to increase the hourly rate up to a maximum often (10) percent without approval by the Board of County Commissioners. In the negotiation process, Allen, Norton must substantiate the reason the request is being made (i.e. market conditions, increase in CPI, etc.) Multiple Attorney Assignments. The County acknowledges that, fi:om time to time, it may be advisable for Allen, Norton to assign more than one attorney to a project or case. Nevertheless, in order to ensure that such multiple attorney assignments are efficient and cost-effective for the County, Allen, Norton a~ees to the following procedures and billing limitations for multiple attorney assignments. :.3.1 A primary attorney will be identified for such projects or cases and that attorney will be the sole contact attorney for the County, except in the case of an emergency or the County's written pre-approval. In practice, this means that generally only the primary attorney will meet or communicate directly with County personnel o r a trend meetings, c om't, arbitrations, mediations or other proceedings on beh al f of the County. 1.3.2 Attorneys assigned to a project or case other than the primary attorney w~ll be less senior attomeys with lower billing rates unless the additional attorneys) has/have a demonstrated expertise that will demonstrably enhance the value and efficiency of the legal services being provided to the County. 1.3.3 Allen, Norton agrees that internal or in-house conferences among multiple attorneys assigned to a project or case shall be kept to the absolute minimum Pag¢2 of 19 Agenda Item No. 16K8 April 27th, 2004 Page 5 of 22 1.4 1.5 nec~sa~ for the provision of the legal services in question. To the extent internal or in-house conferences among multiple attorneys assigned to a project or case are necessary, eacl~ such attorney may bill at his or her customary rate for up t o thirty (30)m inutes for any such conference. To the extent such a conference exceeds thirty (30) minutes in length, Allen, Norton agrees that it w~ll discount the total billings for alt attorneys involved in the conference by forl3t-five (45) percent. For example, if three (3) attorneys meet in conference for t hirty (30) m inures a nd e ach such attorney hills at $200.00 per hour, the total billing to the County for that conference shall be $300.00. It'the same three (3) attorneys meet for two (2) hours in conference, however, the total billing to the County shall be calculated as follows: three (3) attorneys times txvo (2) hours times $200.00 equals $1,200.00 discounted by 45% equals total billing of $74,0.00. Allen, Norton may submit invoices for hourly work assignments pursuant to Exhibit A only after the services for which the invoices are submitted have been completed or expenses incurred. An original invoice plus one copy is due w~thin fifteen (15) days of the end of the month, except the final invoice which must be received no later than sixty (60) days after the work is completed or the expiration of this Agreement. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to the instruction prescribed by County. Payment may be withheld for failure of All~a, Norton to comply with a term, condition, or requirement of this Agreement. Page 3 of 19 Agenda Item No. 16K8 April 27th, 2004 Page 6 of 22 1.6 Payment shall be made to Allen, Norlon at: Allen, Norton, & Blue, P.A. 324 South Hyde Park Avenue Suite 350 Tampa, Florida 33606 ARTICLE 2 INSURANCE 2.1 In order to insure the indemnification obligation contained above, Allen, Norton shall as a minimum, provide, pay for, and maintain in force at ali times during the term offs Agreement, professional liability insurance in an amount not tess than Three Million Dollars (S3,00O,000.00) Per Occurrence, Combined Single L/mits. If any liability insurance obtained by Allen, Norton to comply with the insurance requirements contained herein is issued on a "claims made" form as opposed to an "occurrence" form, tke. retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. 2.2 Such policy or policies shall be issued by United States Treasury approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Collier County, Florida. Page 4 off9 Agenda Item No. 16K8 April 27th, 2004 Page 7 of 22 2.3 Allen, Norton shall furnish to the Risk Management Director Certificates of Insurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall be for a period of three years to begin April 27, 2004 and to end on April 26, 2007, unless terminated earlier in accordance with the provisions of this Agreement. Absent notice of intent to terminate, the Agreement may be renewed upon mutual consent of the parUes for two (2) additional terms of one (1) year each. (In the event the term of this Agreement extends beyond a single fiscal year of County, the continuation of this A~'eement beyond the end of any fiscal year shall be subject to the availability of funds from County in accordance with Chapter 129, Honda Statutes.) 3.2 Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities by this Agreement. 3.3 Any amendments, alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties hereto, and attached to the original of this Agreement. Page 5 of 19 Agenda Item No. 16K8 April 27th, 2004 Page 8 of 22 ARTICLE 4 TERMINATION 4.t 4.2 4.3 This Agreement may be terminated by either party for cause upon ten (10) days' notice or by the County for convenience upon no less than thirty (30) days' advance written notice in accordance w~th the "NOTICES" section of this Agreement. Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of County as set forth in this Agreement, or multiple breach oft. he provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. [n the event this Agreement is terminated for convenience, Allen, Norton shall be paid for any services performed to the date the Agreement is terminated; however, upon being notified of County's election to terminate, Allen, Norton shall refrain fi.om performing further services or incurring additional expenses under the term of this Agreement. Allen, Norton acknowledges and agrees that Ten Dollars ($10) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Allen, Norton, is given as specific consideration to Allen, Norton for County's fight to terminate this Agreement for convenience. Allen, Norton's obligations to the County as provided for hereunder shall cease upon termination, except for participating tn an orderly and professional transfer of such responsibilities and files or copies of files to the County or its designee. Page 6 of 19 Agenda Item No. 16K8 April 27th, 2004 Page 9 of 22 ARTICLE 5 ~RECORD AUDIT AND INSPECTION 5.1 County shall have the right to audit the books and records of Allen, Norton pertinent to the funding under this Agreement. Allen, Norton shall preserve and make available, at reasonable times for examination and audit by County, all financial records, supporting documents, and other documents pertinent to this Agreement for a period of three (3) years after termination of this Agreement or, if any audit has been initiated and audit findings have not been resolved at the end of the three years, the books and records shall be retained until resolution of the audit findings. 5.2 If the Florida Public Records Act (Chapter 119, Fla. Stat.) is determined by County to be applicable to Allen, Norton's records, Allen, Norton shall comply with all requirements thereof, however, no confidentiality or non-disclosure requirement of either federal .or state law shall be violated by Allen, Norton. 6.1 6.2 ARTICLE 6 CONFLICT OF INTEREST Allen, Norton states that it is familiar with and will comply with the terms and conditions of Chapter 112, Pan KI, Florida Statutes (Code of Ethics). [t is important that Allen, Norton be independent and impartial in order to properly conduct its services to Se County. Allen, Norton shall not act as counsel in any lawsuit or other adversary proceeding in which County is named as an adversary, puny or m which Allen, Norton takes an adverse position to the County. Page 7 of 19 Agenda Item No. 16K8 April 27th, 2004 Page 10 of 22 6.3 Neither Allen, Norton nor its employees shall have or hold any continuing or frequently recurring employmenl or contractual relationship that is substantially antagonistic or incompatible with Allen, Norton's loyal and conscientious exercise of judgment related to its performance under this Agreement. 6.4 In the event Allen, Norton is permitted to utilize subcontractors, herein, to perform any services requked by this Agreement, Allen, Norton agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. 6.5 If at any time Allen, Norton's firm represents a client in matters having to do with the Collier County government, be it before the Board of County Commissioners or any other agency or division of Collier County government, Allen, Norton will contact the County Attorney's Office before undertaking such representation so that it can be determined whether a conflict of interest exists. 7.1 ARTICLE 7 INDEMNIFICATION Allen, Norton acknowledges and agrees that Ten Dollars (S10.00) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Allen, Norton, is given as specific consideration to Allen, Norton so that Alien, Norton shall at all times hereatter indemnify, hold harmless and, at County's option, defend or pay for an attorney selected by County to defend County, its officers, agents, servants, and employees against any and all clatms, losses, liabilities, and expenditures of any kind, including attorney Page 8 of 19 Agenda Item No. 16K8 April 27th, 2004 Page 11 of 22 8.1 fees, court costs, and expenses, caused by negligent act or omission of Allen, Norton, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by County, any sums due Mien, Norton under this Agreement may be retained by Coumy until all of County's claims for indemnification pursuant to this Agreement have been seuled or other, vise resolved; and any amount withheld shall not be subject to payment of interest by County. ARTICLE 8 OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of County. in the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Allen, Norton, whether f'mished or unfmished, shall become the property of County and shall be delivered by Allen, Norton to the County within seven (7) days of termination of this Agreement by either party. Any compensation due to Allen, Norton shall be withheld until all documents are received as provided herein. Page 9 of 19 Agenda Item No. 16K8 April 27th, 2004 Page 12 of 22 9.1 ARTICLE 9 INDEPENDENT CONTRACTOR Allen, Norton is an independent contxactor under this Agreement. Services provided by Allen, Norton shall be subject to the supervision of Allen, Norton, and such services shall not be provided by Allen, Norton as officers, employees, or agents of the County. The parties expressly acknowledge that it is not their intent to create any fights or obligations in any third person or entity under this Agreement. ARTICLE 10 NONDISCRIMINATION, EQUAL OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT 10.1 Allen, Norton shall not unlawfully discriminate against any person ia its operations and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded in whole or in part by County, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. 10.2 Allen, Norton's decisions regarding the delivery of services under this Agreement shall be made wi~out regard to or consideration of race, age, religion, color, gender, sexual orientation national origin, martial statu~, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. Page 10of19 Agenda Item No. 16K8 April 27th, 2004 Page 13 of 22 10.3 Allen, Norton shall comply with Title I of the Americans with Disabilities Act regarding nondiscrimination on the basis of disability in employment and further shall not discriminate against any employee or applicant for employment because of race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability. In addition, Allen, Norton shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 10.4 Allen, Norton shall take affirmative action to ensure that applicants are employed and employees are treated without regard to race, age, relig~om color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability during employment. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recrmtment advertising, layoff, termination, rates o f pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 10.5 Allen, Norton shall not engage in or commit any discriminatory practice in performing the Scope of Services or any pan of Scope of Services of this Agreement. Page ! I of 19 Agenda Item No. 16K8 April 27th, 2004 Page 14 of 22 11.1 8.1 ARTICLE I 1 NOTICES Whenever either pa. ny desires to give notice to the other, such notice must be in writing, sent by registered or certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing m the manner provided in this section. For thc present, the parties designate the following: FOR COLLIER COUNTY: David C. Weigel, County Attorney Government Center 3301 Tamiami Trail East Naples, Florida 34112 FOR ALLEN~ NORTON: Allen, Norton & Blue, P.A. 324. South Hyde Park Avenue Suite 350 Tampa, Florida 33606 ARTICLE 12 MISCELLANEOUS WAIVER OF BREACH AND MATERIALITY Failure by County to enforce any provision of this Agreement shall not be deemed a waiver of the provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. Page 12 of 19 Ill I Agenda Item No. 16K8 April 27th, 2004 Page 15 of 22 8.1 COMPLIANCE WITH LAWS Allen, Norton shall comply with alt federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 12.3 ~ In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless County and Allen, Norton elect to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 12.4 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Collier County, Florida. 12.5 PRIOR AGREEMENTS This document supercedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no Page [3 of 19 Agenda Item No. 16K8 April 27th, 2004 Page 16 of 22 12.6 modification, amendment or alteration in the terms or conditions contained hereto shall be effective unless contained in a written document in accordance with Article 3 above. INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits A, B, and C are incorporated into and made a pan ofthis Agreement. DATE: ATTEST: DWIGHT E. BROCIC CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAI]L.MAN Approved as to form and legal sufficiency D~vid C. Weigel - ~ County Attorney DATE: ALLEN, NORTON, & BLUE, P.A. Page 14 of 19 Agenda Item No. 16K8 April 27th, 2004 Page 17 of 22 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Retention A~eement was acknowledged before me this ~__~. d~y of .//,~ , 200~y ~ .< z.~-~, ~ ~,-, ~,~of~le.. No.on ~, B~ue, P.A., a Florida Prof~sional Association, on behalf of the professional a~sociation. He/she is Signit~?~f, Nntar~Pxlhlic__ 2 // / Il ~[i~ EXPtRES:J~ ~0,~0~ Il Name of Notary Public typed, pnh-te~-or My Commission Expires: Page 15 of 19 Agenda Item No. 16K8 April 27th, 2004 Page 18 of 22 EXHIBIT A For professional services rendered, Allen, Norton's fee shall be based on the hourly rate as follows: $190.00 per hour for services provided by principals and associates $ 75.00 per hour for services provided by law clerks & paralegals. Allen, Norton's fee shall not exceed $100,000.00 per Purchase Order without the approval of the Board of County Commissioners. (Where appropriate a "not to exceed" sum shall be agreed to when each assi~ment is made to Allen, Norton.) In the event that Allen, Norton is required or requested to perform any additional or extraordinary services not herein contemplated, Allen, Norton shall be entitled to apply for additional compensation, the amount of which shall be subject to the approval of County and no such additional compensation in excess of the amount herein stated shall be paid unless specifically authorized in advance in writing by County in its sole discretion. Allen, Norton shall provide, at no cost to County, the annual response to County's auditors regarding pending or threatened litigation. The auditors typically request information regarding all litigation, claims and assessments considered to be material. The response should include the nature of the litigation, the progress of the case to date, an estimate of the amtmnt or range of potential loss, and any other information considered necessary to explmn the case. Allen, Norton shall provide said response within 30 days of receipt of the request. NOTES: Divisions, or departments within such divisions, shall be responsible and pay for legal counsel services relating to litigation and outside counsel specifically for cases, matters or issues relating to such division or department, as determined by the County Altomey in coordination with the County Manager. Page 16 of 19 Agenda Item No. 16K8 April 27th, 2004 Page 19 of 22 EXHIBIT B In addition to the charges for professional fees set forth in Exhibit A, and the Schedules attached hereto, County shall reimburse Allen, Norton for out-of-pocke! expenses reasonably incurred in the course of rendering such legal services, includin§ costs of long distance calls, printing, costs of reproduction, and necessary travel expenses incurred in accordance with the requirements o£Chapter ! 12, F.S. Allen, Norton shall not charge for travel of attorneys between its offices so that it can provide the best available and most appropriate lawyer in any of its office locations for the issues involved. Allen, Norton shall submit invoices on a monlhly basis for the payment of out-of- pocket expenses. Each invoice shall include a signed certificate listing all costs, expenses, vouchers, invoices and other documentary evidence that will describe in reasonable detail the basis for expenditures for which reimbursement is sought as set forth below. 3. .,.~. Qun~m~rs The following represents ColIier County's payment requirements for legal costs Your federal employee identification number must be on all invoices submitted. The applicable Purchase Order number must be on all invoices submitted. No service, interest, or other charge of like nature is to be imposed with regard to any item, invoice, or request. All finns doing business with Collier County must have a current W-9 "Request for Taxpayer Identification Number and Certification" on file. Services rendered must be specifically and concisely identified, as well as the bond issue or financing transaction for which the services were rendered. Names of persons performing services, hourly rates, and dates must be listed. The County agrees to reimburse Allen, Norton for retention and utilization of sub-consultants. Page 17 of 19 Agenda Item No. 16K8 April 27th, 2004 Page 20 of 22 Reimbursable expense must be verified by attached receipts or copies thereof. Claims for mileage and meals cannot exceed statutory allowance as provided for under Chapter t 12, F.S. (mileage $0.29 per mile; breakfast $3.00; lunch $6.00; dinner $12.00). Meals and mileage cannot be charged unless the professional has traveled outside the county of the principal business location. Claims for lodging at single rate (actual cost) must be substantiated by paid bill or charge. Car rentals required for travel should include compact or standard-size vehicles only. Common carrier travel shall be reimbursable at tourist or coach class fares only. Accounting Division requires or/ginal receipts, or copies of receipts which have been individually certified to be true copies of the originals. In addition the Certificate contained in Exhibit C must accompany each invoice. The certifying person must sig~ the Certification form and a description provided of the items, which are certified. Faxes shall not be reimbursed Legal Research costs (Lexis-Nexis, Westlaw, etc.) shall not be reimbursed. Page 18 of 19 II ! Agenda Item No. 16K8 April 27th, 2004 Page 21 of 22 IT IS HEREBY CERTIFIED that: 1. EXHIBIT C CERTIFICATE has been duly designated as special counsel to render legal services or provider of services for or on behalf of Collier County; 2. Each of the documents hereinafter identified and attached is a true and correct copy of the original record; 3. Expenditure(s) enumerated represent costs necessarily recurred during the course of official business for which payment has not been received and for which documentation is not available or reasonably retrievable; 4. Claims are in compliance with the applicable statutes and administrative orders, and with the express provision that all other parties are barred from entitlement to any part of these costs. RE: invoice No. Period Covered: IN-HOUSE CHARGES: Photocopies: Mileage: OTHER (Copie~ of invoices required): Long Distance Calls Other: TOTAL: Dated Amollllt copies ~ $0.15/each S miles ~ 0.29/mile $ FOR THE FIRM Signed: Print Name: Title: Date: Page 19of 19 Agenda Item No. 16K8 April 27th, 2004 Page 22 of 22 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A BUDGET AMENDMENT TO PAY FOR MINOR RECONFIGURATION OF THE OFFICE SPACE ALLOCATED TO THE OFFICE OF THE COUNTY ATTORNEY OBJECTIVE: To reconfigure office space allocated to the Office of the County Attorney to allow existing staff to more effectively and efficiently perform their functions and services. CONSIDERATIONS: Recently the Special Prosecutor / staff vacated the office space they occupied on the 8th floor, Administration building, space allocated to the County Attorney Office, but extended to the Special Prosecutor who needed space on campus. With minor modification, this office space can be better utilized to allow the legal staff to more efficiently and effectively perform their functions. The office reconfiguration will provide significantly more useable floor space, including rooms for mediation, arbitrations, and labor negotiations to be held on-site rather than off-site, better designed work areas for legal support staff and the replacement of a small law library / reference area lost years ago for other space demands. The County Attorney has worked with the Facilities Management Department to assure that this modest reconfiguration is done in a cost effective manner. It is anticipated that much of the interior work can be done by Facilities Management staff. FISCAL IMPACT: The requested budget amendment is $28,000. Funds would be transferred to the Facilities Management General Building Fund (301-120435-763100-525251) from the Facilities Management Fund 301 Reserve. GROWTH MANAGEMENT LMPACT: None RECOMMENDATION: That the Board of County Commissioners approve a budget amendment from the Facilities Management Fund 301 Reserve for contingencies in the amount of $28,000 to pay necessary costs associated with the reconfiguration of the Office of the County Attorney. Any dollars not expended will revert to the Facilities Management Fund 301 Reserve at the end of the fiscal year. Agenda Item No. 16K9 April 27th, 2004 Page 1 of 2 Item Number Item Summary Meeting Date Approved By David C. Weigel County Manager°s Office COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K9 Recommendation that the Board of County Commissioners approve a budget amendment to pay for minor reconfiguration of the office space allocated to the Office of the County Attorney 4/27/2004 9:00:00 AM County Attorney County Attorney Office Date 4/16/2004 1:56 PM Approved By Skip Camp, C.F.M. Administrative Services Facilities Management Director Facilities Management Date 4119/2004 1:05 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/2012004 2:42 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/20/2004 4:54 PM Agenda Item No. 16K9 April 27th, 2004 Page 2 of 2 EXECUTIVE SUMMARY SE-2004-AR-5345, A Resolution amending Resolution 03-354, the Maretee earthmining conditional use to correct a scrivener's error resulting from the unintentional inclusion of an incorrect legal description attached as EXHIBIT "B" to the original resolution for the property located at the eastern terminus of Maretee road in section 7, township 51 south, range 27 east, Collier County, Florida. OB,iIECTIVE: To have the Board of County Commissioners (BCC) correct a scrivener's error resulting from an incorrect legal description attached to Resolution 03-354 (the Maretee Earthmining Conditional Use) that is consistent with the Collier County Growth Management Plan and the Land Development Code. CONSIDERATIONS: The Board of County Commissioners on October 14, 2003 approved Resolution Number 03-354. This action provided for authorization of Conditional Use 1 of the Agricultural zoning district for earthmining, not incidental to agricultural development, as specified per Section 2.2.2.3.1. of the Collier County Land Development Code on 42.23 _ acres. The Zoning and Land Development Review Staff subsequently discovered that an incorrect Legal Description (Exhibit "B") was unintentionally attached to the Resolution. The legal description that was attached to Resolution 03-354 did not match the legal description provided for within the Warranty Deed for the parcel provided for within the application. The Collier County Attorney's office has directed staff to prepare a scrivener's error amendment as described above. FISCAL IMPACT: It should be noted that this scrivener's error is only to include the correct legal description to Ordinance 03-354 that was approved by the Board of County Commissioners. Therefore, this change by and of itself will have no fiscal impact on the County. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. Agenda Item No. 17A April 27th, 2004 Page 1 of 5 GROWTH MANAGEMENT IMPACT: The original petition was reviewed for consistency and was found to be consistent with all thc applicable provisions of the Growth Management Plan (GMP), this scrivener's error is only to include the correct legal description to Ordinance 03-354 that was approved by the Board of County Commissioners. THE ZONING AND LAND DEVELOPMENT REVIEW STAFF RECOMMENDATION: That the Board of County Commissioners (BCC) approves the scrivener's error correction to Ordinance Number 03-354. Executive Summary SE-2004-AR-5345 Agenda Item No. 17A April 27th, 2004 Page 2 of 5 item Number item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (This item :u~res that all participants be sworn ~n and ex-pane aisciosure be provided by' Commission members) SE-2004-AR-5345, A Resolution amending F:esek~tion 03-354, the Maretee earthmining conditional use to correct a scrwener's error resulting from the unintentional inchJsiorl of ar1 incorrect legal description attached as EXHIBIT "B" to the original resolution for the property iocated at the eastern terminus of Maretee road in sechon 7, township 51 south, range 27 east, Collier County, Ftonda. 4/27/2004 9:00:00 aM Prepared By Mike goal. AICP Community Development & Environmental Services Principal Planner Zoning & Land Development Review Approved By Mike Bosi, AICP Community Development Environmental Services Principal Ptanner Zoning & Land Development Review 3/24/2004 ~:02 PM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Zoning & Lane Development Review 4/1/2004 2:46 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/19/2004 8:36 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/19/2004 12:41 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/13!2004 3:48 PM Approved By Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Director Zoning & Land Development Review Date 4~6!2004 12:01 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/6,'2004 12:56 PM Agenda Item No. 17A April 27th, 2004 Page 3 of 5 RESOLUTION NO. 04-__ A RESOLUTION OF THE BOARD OF ZONING APPEALS A~IENDING RESOLUTION 03-354 WHICH APPROVED AN EARTHMINING FACILITY FOR PROPERTY HEREINAFTER DESCRIBED IN SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, TO CORRECT A SCRIVENER'S ERROR IN THE PROPERTY'S LEGAL DESCRIPTION. WHEREAS, the Collier County Board of Zoning Appeals adopted Resolution Number 03-354 pertaining to Conditional Use number "1' for Earthmining in the rural agricultural zone on October 14, 2003; and WHEREAS, following said action adopting said Resolution, Planning Staffwas advised that a portion of the site's legal description was incorrectly transcribed w'~thin Exhibit "B" of said Resolution and constitutes a scrivener's error. NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida, that: The legal description contained within Exhibit "B" of Resolution 03-354 is hereby amended by replacing Exhibit B thereof with a new Exhibit B attached herby and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted a~er motion, second and majority vote. Done this day of ,2004. BOARD OF ZO~G APPEALS COLLAR COLLNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: DONNA FIALA, CHA]XMAN Approved as to Form and Legal Sufficiency: Mar'J~r~M. Student' ' Assistant County Attorney Words ~truck through are deleted; words underlined are added. Agenda Item No. 17A April 27th, 2004 Page 4 of 5 Legal Description - CU-2003-AR-3954 The Southeast ~A of the Southwest lA of Section 7, Township 51 South, Range 27 East, Collier County Florida; Being .........v. c Exhibit "B" Agenda Item No. 17A April 27th, 2004 Page 5 of 5 EXECUTIVE SUMMARY An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 04.08, which amended Ordinance No. 91- 102, as amended, the Collier County Land Development Code, to correct scrivener's errors relating to the incorrect insertion of maps pertaining to Section 2.2.2 1/2, Rural Fringe Mixed Use District and Section 2.2.30, Natural Resource Protection Area Overlay District; and to correct scrivener's errors relating to Division 3.15, Adequate Public Facilities; providing for Conflict and Severability; providing for inclusion in the Collier County Land Development Code; and by providing for an effective date. OBJECTIVE: To correct the provisions of the Collier County Land Development Code (LDC) due to scrivener's errors made in Ordinance 04-08. CONSIDERATIONS: The Collier County Board of County Commissioners on February 11, 2004, adopted Ordinance Number 04-08, which amended Ordinance Number 91-102, as amended, the Collier County Land Development Code. Following said action in adopting Ordinance Number 04-08, it has been determined that three scrivener's errors were made in adopting Ordinance 04-08 in that incorrect maps were included in LDC sections 2.2.2 1/2. and 2.2.30. and that text intended for Section 3.15.7.3.4.7. was not included in that ordinance and such error/omissions constitute scrivener' s errors. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: The proposed correction to the Land Development Code is consistent with Policies, Objectives and Elements of the GMP. PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners review the proposed scrivener's error corrections to Ordinance 04-08 and approve as submitted, in accordance with the attached Ordinance. Page I of l Agenda Item No. 17B April 27th, 2004 Page 1 of 10 Rem Number item Summary Meeting Date COLLIER COUNTY 8OARO OF COUNTY COMMISSIONERS Ar~ Ordinance of :'ne Soard of County Gomrriss~oners el Co :!er Co,~nt;,', arner~dmg Ord rx~nce No 04-0~ whi':h amemled Ordir~arlce N.~. ,(;i-iCZ as amer~ded, 1he Coier Oourlty Land Deveioprnenl Code, [o correct s,'.rivener's errors reiatlng to thc. i¢lcorrect tl'~Secdon of maps pertaining to Section 2~ 2 I/2, Rural Fringe Mixed Use Distr~ct and Sect~of: 2.230, Natural Resource Protection Area Overlay Distnct; and ~o correct sonvenef's errors reiatlFig :o Division 3, ~5. Adec, uate Public Facilities: providing for Conflict and Severabitity: providing for inclusion iR the Co liar Coun,~. Land Deveiopment Code; and bv providing for an effective date 4/2?/2004 9:0000 AM Prepared By Russell Webb Community Development & Epvironmenta~ Services Principai Pla nrler Zoning & Laird OeYetopment Rewew Approxed B.~ Joseph K. Schmitt Community Deveiooment & Environmentai Services Community Deveiopment& Date 4/16!2004 9:16 Approved B.~ County Manager's Office Budget Analyst Off,ce of Management & Budget 4/20/2004 3:04 PM Approved B) Michael Smykowski County Manager's Office Managemect & Budget Direc[or Odice of Management & Budget Date 4~20/2004 3:15 Approved By James V Mudd Board of Country Commissioners County Manager County Manager's Office 4/20;2004 4:57 PM Approved By Ray Bellows Environmenla! Services Zoning & Land Development Review 4i5:2004 9:05 AM Approved By Co~$tsnce A. Johnson Communffy Development & Environmental Services ~}ate 4:5/2004 9:29 AM Approved By Russell Webb Community Development & Environmental Services Principal Planner Zoning & Land Development Review Date 4/5/20 ~4 9:08 AM Approved By Patrick G. White County Manager's Office Assistant County Atl:orney Count~ A,~orney Office Date 4/5/2004 4:20 PM Approved By Susan Murray. AICP Communi,~,, Deveiopment& Environmenta~ Services Zoning & Land Development Direclor Zoning & Land Development Review 4/6/2004 11:59 AM Agenda Item No. 17B April 27th, 2004 Page 2 of 10 ORDINANCE NO. 2004 -~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 04-08, WHICH AMENDED ORDINANCE NO. 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, TO CORRECT SCRIVENER'S ERRORS RELATING TO THE INCORRECT INSERTION OF MAPS PERTAINING '1'O SECTION 2.2.2 1/2, RURAL FRINGE MIXED USE DISTRIC'I' AND SECTION 2.2.30, NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT; AND TO CORRECT SCRIVENER'S ERRORS RELATING '1'O DIVISION 3.15, ADEQUATE PUBLIC FACILITIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners on February 11, 2004, adopted Ordinance Number 04-08, which amended Ordinance Number 91-102, as amended, the Collier County Land Development Code; and WHEREAS, following said action in adopting Ordinance Number 04-08. it has been determined that text intended for Section 3.15.7.3.4.7.. was not included and that incorrect maps were included in LDC sections 2.2.2 1/2. and 2.2.30., and that such error/omissions constitute scrivener's errors. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: SCRIVENER'S ERROR CORRECTIONS-Division 2 Ordinance Number 04-08, is hereby amended to read as follows in Sub-section 3. A.: 2.2.21/2. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT) 2.2.21/2.1 PURPOSE AND SCOPE. A. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT. In order to implement the RFMU designation in the future land use element (FLUE) of the GMP, the RFMU District, to be designated as "RFMUO" on the Official Zoning Atlas, is hereby established. The lands included in the RFMU District and to which the Section 2.2.21/2 apply are depicted by the following map: Page 1 of 8 Agenda Item No. 17B April 27th, 2004 Page 3 of 10 RURAL FRINGE AREAS Ila~0KA~E [Delete this Map] Uncledined text is addea; -ct'.'c~ ',hrc:.:gh 'Iext is deleted, Parc 2 of 8 Agenda Item No. 17B April 27th, 2004 Page 4 of 10 RURAL FRINGE AREAS ~D iN F-RS~ E 7 [Insert this Map] Unaerlined rex1 is s, clded: S*,'-'ck *,hrcu,~h text is deleted Page 3 of 8 Agenda Item No. 17B April 27th, 2004 Page 5 of 10 Sec. 2.2.30. NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT (NRPA) 2.2.30.1 PURPOSE AND INTENT. A. NRPA OVERLAY AREAS. NRPAs are located in the following areas: 1. Clam Bay Conservation Area (within Pelican Bay Planned Unit Development); 2. CREW (Corkscrew Regional Ecosystem Watershed); 3. North Belle Meade; 4. South Belle Meade; 5. South Golden Gate Estates, The NRPA lands within the Rural Frinqe Mixed Use District to which the Section 2.2.30. re,qulations apply (i.e. - numbers 3 and 4 above) are depicted by the following map: Underlined text is added: ~c',"c~ ~.h."cu~h. text is 0eleted Pagc 4 of 8 Agenda Item No. 17B April 27th, 2004 Page 6 of 10 RURAL FRINGE NATURAL RESOURCE PROTECTION AREAS C~DL ~N ~ ~LEVAR~D [Delete this Map] Ur~dedined text is added: Stuck *.h;cu~h text is deleted. Pa[zc 5 of 8 Agenda Item No. 17B April 27th, 2004 Page 7 of 10 RURAL FRINGE MIXED USE DISTRICT NATURAL RESOURCE PROTECTION AREAS [Insert this Map] UnO~edinecl text s addec~: S*,:Jck :h:c:J§h text is 0eleled Pagc 6 of g Agenda Item No. 17B April 27th, 2004 Page 8 of 10 SECTION TWO: SCRIVENER'S ERROR CORRECTION-Division 3.15 Ordinance Number 04-08, is hereby amended to read as follows in Sub-section 3. N.: DIVISION 3.15. ADEQUATE PUBLIC FACILITIES Sec. 3.15.7. Regulatory program: review of development to ensure adequate public facilities are available, including the Transportation Concurrency Management System. 3.15.7.3.4.7. Proportionate Share Payments. Proportionate share payments may be used to mitigate the impacts of a development on a deficient roadway link by more than a de minimis amount within a Transportation Concurrency Management Area in which 85% of the north-south lane miles and 85% of the east-west lane miles are operating at or above the adopted LOS standards consistent with Policies 5.8 and 5.9 of the Comprehensive Plan Transportation Element. However, no impact will be de minimis if it exceeds the adopted level-of-service standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7 of the Transportation Element, Any impact to a hurricane evacuation route operating below the adopted LOS within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. Proportionate share payments under this section are determined subsequent to a finding of concurrency for a proposed project within a TCMA and do not influence the concurrency determination process. Development of an individual sin.qle-family residence will not be required to contribute or make a proportionate share payment under this section. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Flodda Department of State. Underlined text is addeO: ,~4~;ck thrc~gh text is deleted. Pagc 7 of 8 Agenda Item No. 17B April 27th, 2004 Page 9 of 10 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of .2004. ATTEST: DWIGHT E. BROCK, CLERK COMMISSIONERS BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Approved as to form and legal sufficiency: DONNA FIALA, CHAIRMAN Patrick G. White Assistant County Attorney Unaer~inecl text is a.d~ied: .~*,uc~ th.'c~gh text is aeleted. Parc 8 at' 8 Agenda Item No. 17B April 27th, 2004 Page 10 of 10