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Agenda 05/25/2004 R ,..-. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA May 25, 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 IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. Page 1 of 10 ....--''''--..-. -- i. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Jim Bailiff, First Christian 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 27, 2004 - BCC Regular C. April 28, 2004 - Marco Island Community Meeting 3. SERVICE AWARDS A. 20 Year Attendees 1. Bill Finch, Parks and Recreation 2. Sharon Newman, Transportation Department 4. PROCLAMATIONS A. Proclamation designating the month of September as Freedom Month. B. Proclamation to dedicate the National World War II Memorial on May 29, 2004. To be accepted by Jim Elson, President of the Collier County Veteran's Council and Don Peacock. C. Proclamation designating May 28, 29, and 30, 2004 as WWII Memorial Dedication Weekend. To be accepted by Mike Viehec, Gary McCue with the American Veterans, and Julias Futo with the American Legion. -- D. Proclamation to designate the month of November, 2004, as Celebrate the Arts Month in Collier County. To be accepted by Elaine Hamilton, Executive Director for the United Arts Council. E. Proclamation to designate June 7, 2004 as Children's Day at EMS. To be accepted by Training Battalion Chief Helen Ortega and Administrative Captain Noemi Diaz. F. Proclamation to designate June 2-7, 2004 as Code Enforcement Officers' Appreciation Week. To be accepted by Janet Powers, Operations Manager, Code Enforcement Department. 5. PRESENTATIONS A. Presentation by Michael Carr regarding final report on Domestic Animal Services, Investigation Case No. 03-1943-CC. B. Present the PHOENIX AWARD to recognize those EMS Paramedics, Firefighters, and Sheriffs Officers who through their skills and knowledge have successfully brought back to life individuals who had died. C. To Edward S. Perico for his outstanding service to Collier County. D. To John M. Dunnuck III for his outstanding service to Collier County. E. Distinguished Budget Presentation Award for the current fiscal year from the Government Finance Officers Association (GFOA) presented to the Office of Management and Budget. To be accepted by Mike Smykowski, Director, Office of Management and Budget. F. To recognize Brian Bower, Plant Mechanic, Public Utilities Division, as "Employee of the Month" month of May, 2004. ,- Page 2 of 10 ._-,~.._- .-..... .~_~_____~_._~"...._"w'_'" ,- 6. PUBLIC PETITIONS A. Public Petition request by Lodge McKee to discuss a partnership to make the Naples Depot the "Gateway" to the Collier County Museum System. B. Public Petition Request by Jack Jameson to discuss fishing opportunities at Bay View Park. C. Public Petition Request by Ruth and Robert Garee to discuss after-the-fact variance fees for 234 Palmetto Dunes Circle. D. Public Petition Request by Peter Infanti to discuss current code regulations regarding the removal of hazardous trees. 7. BOARD OF ZONING APPEALS A. This item continued from the April 27, 2004 BCC Meeting. 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. B. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. CU-2003-AR.4003 Apostolic Assembly of the Faith in Christ Jesus, Inc. represented by Terrance Kepple, of Kepple Engineering, Inc., requesting Conditional Use #1 of the "En zoning district, to allow a "Church or other Place of Worship" for property located at 1235 San Marcos Boulevard, in Section 31, Township 49, Range 26 East, Collier County, Florida, consisting of 4.86 acres. -- 8. ADVERTISED PUBLIC HEARINGS A. Request the Board approve an Ordinance to prohibit fishing of any kind, or cast net fishing only, on certain designated bridges within Collier County, which Ordinance also (1) directs the County Administrator to post appropriate signage; (2) authorizes the County Administrator to determine those other County bridges upon which fishing ought to be prohibited; (3) provides for penalties for violation of the Ordinance; (4) directs that the Ordinance be interpreted consistent with F.S. 316.1305, Fishing from State Road Bridges; (5) repeals and supersedes Resolution No. 2003-204, which established a fishing prohibition from Bridge No. 030210; (6) provides for the inclusion in the Collier County Code of Laws and Ordinances; and (7) provides for an effective date; at an estimated implementation cost of $1,000. B. Item to be heard at 1 :00 p.m. Consideration of an ordinance adopting a recodification and revision of the County's Land Development Code, to become effective on August 30, 2004. C. Adopt a resolution amending the water and sewer impact fee rate schedule, which is Schedule Two of AppendiX A of Chapter 74 of the Collier County Code of Law and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. - Page 3 of 10 ~"~ ~- ..._.' ~"-,.,,.,..- -~'-'-_.-."'''.'--''----_._.' -- 10. COUNTY MANAGER'S REPORT A. To approve the acquisition of right-of-way required for the construction of six-lane improvements on Golden Gate Parkway between Airport-Pulling Road and Livingston Road and intersection improvements at Golden Gate Parkway and Airport-Pulling Road consistent with the Grey Oaks PUD. (Fiscal Impact: $4,907,000.) (Norman Feder, Transportation Services Administrator) B. Approval of the conceptual design plans presented by Rails-to-Trails for the greenway along the Florida Power & Light transmission corridor between Rattlesnake Hammock Road and Radio Road. (Norman Feder, Transportation Services Administrator) C. Recommendation that the Board of County Commissioners adopt the 2003 Collier County Wastewater Master Plan Update, Dated May 25, 2004, Project 73066. (Jim DeLony, Public Utilities Administrator) D. Recommendation that the Board of County Commissioners adopt the 2003 Collier County Water Master Plan Update, Dated May 25,2004, Project 70070. (Jim DeLony, Public Utilities Administrator) E. To authorize an agreement to acquire rights-of-way for the expansion of Collier Boulevard between Golden Gate Boulevard and Immokalee Road, and to establish an access road for the Golden Gate Fire & Rescue District at their new facility; Fiscal Impact: $536,000. (Norman Feder, Transportation Services Administrator) F. Adopt a resolution authorizing condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the six-lane expansion of Collier Boulevard (CR-951) from Golden Gate Boulevard to Immokalee Road. (Capital Improvement Element No. 37, Project No. 65061). Estimated fiscal impact: $4,753,888.00. (Norman Feder, Transportation Services Administrator) - G. Designate property known as the "Lely Cultural Center" for the South Regional Library / County Museum and begin the process of planning the facility. (John Dunnuck, Public Services Administrator) H. Review options relating to the development of a junior golf program and public golf course. (John Dunnuck, Public Services Administrator) 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 separately. --------------------------------------------------------------------------------------------------------- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Isla Vista at Grey Oaks" the roadway and drainage improvements will be privately maintained, the sewer improvements will -, be maintained by Collier County, the potable water improvements will be maintained by the City of Naples. Page 4 of 10 ~..----_....._---- _~._~_~.__..._ ,._~__,...>. _n_ ~...-_~ ~.. 2. Request to approve for recording the final plat of "Veronawalk Townhomes Phase One", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 3. Request to approve for recording the final plat of ''Veronawalk Townhomes, Phase Two", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 4. Final Acceptance of Water and Sewer Utility Facilities for AR-5477, Crystal Lake Terraces, Phase II, Eagle Creek M2. 5. Final Acceptance of Water Utility Facilities for Ave Maria Interim Facility University (Greenfield Commons) 6. Final Acceptance Of Water Utility Facilities For Key Royal Villas. 7. Establish the name of the Marco Island 9-mile Artificial Reef as the "Marco Sportfishing Club Reef." 8. Adoption by the Board of County Commissioners of a resolution approving a Target Protection Areas outreach mailing strategy for Conservation Collier's second property selection cycle. 9. Authorize Environmental Services Staff to submit a grant proposal to the Florida Department of Environmental Protection (FDEP) for $40,000 worth of contractual services for the removal of invasive exotic vegetation within the State Highway 29 and Plantation Road rights of way. 10. Collier County Board of County Commissioners' endorsement of staff's approval of -- the application for the Job Creation Investment Program and the Fee Payment Assistance Program by Sky truck Company, LLC. 11. Request authorization for the County Manager or the Community Development and Environmental Services (CDES) Division Administrator to accept the Fiscal Year 2003 United States Department of Housing and Urban Development Supportive Housing Grant Agreement, Project # FL 14B306002, approving execution of Grant Sub-recipient agreement (s) and providing for an effective date and approve all necessary budget amendments. 12. Authorize the Chairman to sign the Department of Community Affairs Single Audit Act Verification form. 13. Approval From Board of County Commissioners to waive formal competition, and solicit proposalS for an impact fee study to update the Correctional Facilities Impact Fee. (estimated amount not to exceed $40,000) 14. Recommendation to approve an Agreement for Sale and Purchase of 1.77 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $1,360,580. 15. Recommendation to approve an Agreement for Sale and Purchase of 3.64 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $486,950. B. TRANSPORTATION SERVICES 1. Approve a second amendment to work order number HA-FT-03-02 assigned to Pitman-Hartenstein & Associates Inc. to include additional design services for a second segment of the Immokalee Fifth Street Ditch Project (project number 51704) increasing the amount by $62,240.00. -, Page 5 of 10 ~---- -~._--_._-""'".'"-_._.._,..- .^~."~-~ -- 2. Award bid #04-3655, Livingston Road (Immokalee Road to Collier County Line) median landscape improvement construction project to Hannula Landscaping, Inc. in the amount of $907,201.90. 3. Adopt a Resolution authorizing the acquisition of property by gift or purchase for the purpose of assembling land to facilitate improvements to canals and properties in the East Naples area specifically located within the Lely Area Stormwater Improvement Project. Fiscal Impact: $387,000. 4. Approve the purchase of 5.109 acres of land required for a Perpetual Non- Exclusive, Road Right-of-Way, Drainage and Utility Easement, a Drainage Easement and a 4.5-acre stormwater retention and treatment pond for the Santa Barbara Boulevard Expansion Project, No. 62081. (Fiscal impact: $672,105.00.) 5. Request the Board to accept donated palms from Stock Development for landscaping on Livingston Road. 6. Recommendation that the Board award Bid No. 04-3656 nlnstallation and Maintenance of Traffic Signalsn to E.B. Simmonds Electrical, Inc. and to Mid- Continent Electric, Inc. 7. Award bid #04-3651 ,Livingston Road (Radio Road to Pine Ridge Road) median landscape improvement construction project to Hannula Landscaping, Inc. in the amount of $989,892.04. 8. Approve Professional Services Agreement No. 04-3587 in the amount of $833,297 for design services to be provided by American Consulting Engineers of Florida, LLC, for capacity improvements to County Barn Road from Rattlesnake Hammock Road to Davis Boulevard, County Project No. 60101. 9. Approve the purchase of 2.96 acres of land required for a stormwater retention and treatment pond for the Santa Barbara Boulevard Expansion Project, No. 62081. (Fiscal impact: $316,700.00.) 10. Recommendation to Approve Selection of Qualified Firm and Award a Contract Under ITQ 04-3583 "CEI Services for Collier County Road Projects" for Project No. 69068 n13th Street SWn in the amount of $248,408.56. C. PUBLIC UTILITIES 1. Recommendation that the Board of County Commissioners approve the selection and award of the Capacity, Maintenance, Operations, and Management (CMOM) and Staff Optimization Assessment Contract in the amount of $59,618, plus contingency of $12,382, for a project budget total of $72,000, Project 72517. 2. Approval of Settlement Agreement Between TBE Group, Inc., Sprint Communications, Inc., Collier County, Florida and Florida Department of Transportation, as to FIN Project #195378-1-52-01 & 195380-1-52-01, Contract #20534, US 41, Collier County, Florida. D. PUBLIC SERVICES 1. Approve an interlocal agreement with the City of Naples for fund sharing in the amount of $300,000 for the Norris Community Center project. 2. Approve a Budget Amendment appropriating $126,469 from Emergency Medical Services Fund 490 Reserves to reimburse First Coast Service Options for overpayment of Florida Medicare claims. -- Page 6 of 10 .'--""',..- >,"""'"""""'-'~"~"--'~' .-.-.- - 3. Approve a Limited Use License Agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of specified county-owned property for conducting a July 4th Fireworks Festival. 4. Approve the master agreement relating to Services for Seniors' grant programs and authorize the Chairman to sign the master agreement between Collier County Board Of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida. 5. Approve a request to apply for a Florida Clean Vessel Act Grant for pump out stations at Caxambas Park and Cocohatchee River Park. 6. Authorize rental of trucks from Enterprise Rent A Car at an estimated cost of $35,000 for the transportation of food to recreation and school sites under the Summer Food Grant Program. 7. Approve a Memorandum of Agreement with the District School Board of Collier County for use of school cafeterias in conjunction with the Summer Food Service Program. E. ADMINISTRATIVE SERVICES 1. Authorize conveyance of an Easement to Florida Power & Light Company for electric utility facilities to service the Naples Jail Center expansion at a cost not to exceed $15.00, Project Number 520081. 2. Recommendation to approve Amendment No.4, Phase 3 of RFP # 003173 for Spillis - Candela DMJM to provide construction administration services for the Courthouse Annex in the amount of $179,690.00. 3. 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 May 14, 2004. 4. Recommendation to authorize staff to utilize the Western States Contracting Alliance (WSCA) for acquisition of information technology hardware and software. 5. Recommendation to approve a First Amendment to License Agreement with American Tower, L.P. in order to install additional equipment on a communications tower for an additional annual rental fee of $3,600. 6. Recommendation to approve a City of Naples Airport Authority Lease Agreement North Quadrant for the Sheriffs Office Special Operations Facility site at a first year annual rent of $19,477.23. 7. Report and ratify Property, Casualty, Workers' Compensation and Subrogation Claims settled by the Risk Management Director pursuant to Resolution # 2004-15. F. COUNTY MANAGER 1. Request the Board of County Commissioners approve an Emergency/Disaster Relief Marketing Budget plan for advertising and web site information up to $300,000. 2. Approval of Budget Amendment Report. -, Page 7 of 10 ---,_.....--..- ~..,.,. " .~._-""'- ._~~ -~_.,..- -,_._,--". n.~""W_ - G. AIRPORT AUTHORITY 1. Approve a budget amendment to return unspent funds in the amount of $61,638.25 from the Airport Authority Capital Fund (496) to the Road Construction - Gas Tax Fund (313). H. BOARD OF COUNTY COMMISSIONERS 1. Proclamation to designate June 2nd through June 8th, 2004 as Jewish War Veterans' Week. Will mail once presented. 2. May 25, 2004, Commissioner Jim Coletta requests reimbursement for attending the Graduation Ceremonies of the Leadership Collier Class of 2004 on May 13, 2004 to represent the County as a valid public purpose. 3. Commissioner Halas request for Board approval for payment to attend function serving a valid public purpose. Attend the Southwest Florida Transportation Initiative Post-Session Legislative Forum on June 2, 2004; $35.00 to be paid from Commissioner Halas' travel budget. 4. Commissioner Halas request for Board approval for payment to attend function serving a valid public purpose. Attend Gulf Citrus Growers Association Annual Meeting and luncheon; $36.00 to be paid from Commissioner Halas' travel budget. 5. Commissioner Halas request for Board approval for payment to attend function serving a valid public purpose. Attend Ed Perico's retirement party; $35.00 to be _.'~ paid from Commissioner Halas' travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Recommendation to approve a resolution between the Board of County Commissioners and Sprint Telephone Company of Florida for continuing the existing E-911 System. 2. Recommend that the Board of County Commissioners endorse the Clerk of the Circuit Court's Office Grant Application for the State of Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. 3. That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, FL. ,-, Page 8 of 10 ~-~.__.'-''''^ _"_._'''__..__.m"__...._~~__..,..'_~...._.. _ "~'."_".~'H~~ -"_.._......_- 0_" K. COUNTY ATTORNEY 1. Authorize the Making of Offers of Judgment for Parcels 119, 121, 821,921,128 and 728 in the Golden Gate Parkway Project (Livingston Road to Santa Barbara Boulevard #60027) 2. Authorize the making of an Offer of Judgment to Respondent, Nellie Whitehurst, for Parcel No. 153 in the amount of $30,000.00 in the lawsuit styled Collier County v. John Frank Sudal, et aI., Case No. 02-5168-CA (Immokalee Road Project No. 60018). 3. Approve Agreed Order and Authorize Payment of Expert Fees and Costs for Parcels 159 and 160 in the Lawsuit Styled Collier County v. Anthony DiNorcia, Jr., et. aI., Case No. 04-0031-CA (Vanderbilt Beach Road Project #63051). 4. Approve Agreed Order and Authorize Payment of Appraisal Fees and Engineering Fees for Parcels 100, 101 and 700 in the Lawsuit Styled Collier County v. Faith Bible Church of Naples, Inc., et. al., Case No. 99-2165-CA (Immokalee Road Project #69101 ). 5. Approve Agreed Order and Authorize Payment of Engineering Fees for Parcel 129 in the Lawsuit Styled Collier County v. James R. Colosimo, Trustee, et. al., Case No. 00-0138-CA (Pine Ridge Road Project #60111). 6. Authorize the making of an Offer of Judgment to Respondent H.A. Street for Respondent's undivided one-half interest in Parcel No. 159A in the amount of $12,000.00 in the lawsuit styled Collier County v. H.A. Street, et al., Case No. 03- 2873-CA (Immokalee Road Project #60018). 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 QUASIJUDICIAL 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. PUDZ-2003-AR-4332 Colonades Medical Park, LLC, represented by Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., and D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., requesting a rezone from "E" Estates to Commercial Planned Unit Development (CPUD) for a project to be known as the COLONADES AT SANTA BARBARA PUD, to allow development of a maximum of 35,000 square feet of mixed office uses. Property is located at the northwest corner of Golden Gate Parkway and Santa Barbara Boulevard, in Section 29, Township 49 South, Range 26 East, Collier County, Florida, consisting of 6.83:1: acres. B. AVROW2004-AR5715 to disclaim, renounce and vacate the County's and the Public's interest in the 20 foot wide alley in Block A, according to the plat of "Immokalee, Floridan, as recorded in Plat Book 1, Page 60, Public Records of Collier County, Florida. Located in Section 3, Township 47 South, Range 29 East. -" Page 9 of 10 ~--,,-",. ..~.~. ___..._.____._,_0___..._.__ ,.----.-- --, C. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. PUDZ-2003-AR-4575, Robert L. Duane, AICP, of Hole Montes, Inc., representing Benderson Development Company, Inc., requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as the Bosley PUD for a maximum of 303 multi-family affordable housing dwelling units for property located approximately one-quarter mile south of the intersection of 1-75 and Immokalee Road, in Section 30, Township 48 South, Range 26 East, consisting of 20.23 acres. D. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. CU-2003-AR-4249, Mark Perry, representing Kenmark Construction, Inc. requests Conditional Use # 9 of the Estates Zoning District for the purpose of a model home sales center. The property to be considered for the Conditional Use is located at 1010 39th Street S.W. being located just east of Collier Boulevard approximately 1,300 feet south of the White Boulevard and 39th Street S.W intersection, which is Unit 27 North, North 180 feet of Tract 153, Golden Gate Estates, in Section 14, Township 49 South, Range 26 East, Collier County, Florida. This property consists of 2.85 acres. E. RZ-2003-AR-4937, Terry Kepple, of Kepple Engineering, Inc., representing Community School of Naples, Inc., requesting a rezone from "An Rural Agricultural to "CF" Community Facility for a 29.2 acre tract of land to allow for the expansion of the existing school facilities located to the south of this property. The property is located on the west side of Livingston Road, approximately 'Iz mile north of Pine Ridge Road, in Section 12, Township 49 South, Range 25 East. F. A Resolution of the Board of County Commissioners of Collier County, Florida, Finding a Blighted Area to Exist, and Expanding the Boundaries of the Immokalee Community Redevelopment Area. G. A Resolution of the Board of County Commissioners of Collier County, ,--. Florida, to Amend the Immokalee Community Redevelopment Plan. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. - Page 10 of 10 .._-~"..- _o>"""~,___,,,__,_, -"...----... AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Mav 25. 2004 Withdraw Item 6C: Public Petition request by Ruth and Robert Garee to discuss after-the-fact variance fees for 234 Palmetto Dunes Circle. (Petitioner request) Withdraw Item 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 + 17.60 acres and is located in Section 18, Township 49 South, Range 26 East, Collier County, Florida. (Petitioner request.) Continue Item 7B to the June 8. 2004 BCC Meetina: CU-2003-AR-4003 Apostolic Assembly of the Faith in Christ Jesus, Inc., represented by Terrance Kepple of Kepple Engineering, Inc., requesting Conditional Use #1 of the "E" zoning district, to allow a "Church or other Place of Worship" for property located at 1235 San Marcos Boulevard, in Section 31, Township 49, Range 26 East, Collier County, Florida, consisting of 4.86 acres. (Petitioner's request) Add Item 9B: Discussion regarding dual membership on committees dealing with TDC projects and funding. (Commissioner Fiala.) Add Item 101: Recommendation that the Board of County Commissioners enter into an Agreement with Life Choice Pregnancy Resource Center to receive funds associated with Adoption Awareness license plate revenues. (Staff's request) Continue 16B3 to the June 8. 2004 BCC Meetina: Adopt a Resolution authorizing the acquisition of property by gift or purchase for the purpose of assembling land to facilitate improvements to canals and properties in the East Naples area specifically located within the Lely Area Stormwater Improvement Project. Fiscal impact: $387,000. (Staff's request) Continue 16B7 Indefinitelv: Award Bid #04-3651, Livingston Road (Radio Road to Pine Ridge Road) median landscape improvement construction project to Hannula Landscaping, Inc., in the amount of $989,892.04. (Staff's request) Withdraw Item 16H5: Commissioner Halas request for Board approval for payment to attend function serving a valid public purpose. Attend Ed Peri co's retirement party; $35.00 to be paid from Commissioner Halas' travel budget. (Commissioner Halas request) -'. Time Certain Items: Item 88 to be heard at 1 :00 p.m. Consideration of an ordinance adoptina a recodification and revision of the County's Land Development Code. to become effective on Auaust 30. 2004. Item 10C and 100 to be heard at 2:00 p.m.. immediately followed by 8C. (Item descriptions below.) Item 8C: Adopt a resolution amending the water and sewer impact fee rate schedule, which is Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance. Item 10C: Recommendation to adopt the 2003 Collier County Wastewater Master Plan Update, dated May 25, 2004, Project 73066. Item 100: Recommendation to adopt the 2003 Collier County Water Master Plan Update, dated May 25, 2004, Project 70070. *Note: 8ack-Up Material for Item 100 is incorrect in printed agenda packet. A corrected executive summary has been submitted. Additional copies can be found on the table outside the boardroom. PROCLAMATION - WHEREAS, on Sept ember 11, 2001, t he Unit ed St at es suf f er ed an att ack by terrorists against the World Trade Center and the Pentagon that took the lives of almost 3,000 men, women, and children; and, WHEREAS, those terrorists took advantage of the openness, hospitality, and tolerance of our society to enter our country and live among us while they plotted the murder of innocent Americans; and, WHEREAS, we should honor t he many Law Enf or cement Of f ic€'l's, Firef ight ers and - Emergency Medical Personnel who died when they came to the aid of the vict ims of t his at tack; and, WHEREAS, we should honor the brave men and women of United Airlines Flight 93 who gave their lives in a successful effort to thwart yet another deadly at tack; and, WHEREAS, in order to assure the safety of all Americans and to preserve the freedom of our great Nation, we are now engaged in a war against terrorists who would destroy all that we hold dear; and, WHEREAS, this struggle to protect our Nation will be long and difficult and will result in f urt her loss of lif e; and, WHEREAS, we must be steadf ast in our belief that deW()Cracy and its unending pursuit of justice, truth, and freedom for all will prevail against the evi I of these t er r or i st s and those that suppor I t hem; and, - WHEREAS, we must never forget Ihe sacrifices of the brave men and women of our country who are fighting to protect us; and, WHEREAS, we must persevere until victory is achieved so the sacrifice of all those who f all will not have been in vain. / NOW THEREFORE, be it proclaimed thaI the month of September 2004 and every Sept ellber hencef ort h shall be designat ed as FREEDOM MONTH and it will be a mant h to ref leet on the hor rible event s of 9/11 and renew our commitment to turn back this assault on our Nation..a month when we demonst rat e our support f or our Cover nment, our Ar mad Forces, Law Enf or cement Agencies, and Fire and EMS Depart ment s..a month when we pay tribute to those who have sacrificed their lives to preserve our freedom. DONE AND ORDERED THI S 25th Day of May, 2004. BOARD OF OOUNTY OOMMI SSI ONERS OOLL! ER OOUNTY, FLORI DA ,- DONNA FI ALA, ~AI RMAN ATTEST: Agenda Item No. 4A DWI GHT E. BroO<, U-ERK May 25,2004 Page 1 of 2 ....<"-- ,.,-_._<_.......__....._'.._.._>_,..,__,~t'",._,,,..,,...,""""'...."',~I,",..-""",~.,''''''''''_.".___"...""''''"' ,.,.,,""'.,~,"...,"""',., ""--.."."....~.., '._"" ........"".....~'...~">...,,...,<,.... ,..."'--~.....>~,.~~~--~.--.,-- .,-~ -- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 4A Item Summary Proclamation designating the month of September as Freedom Month. Meeting Date 5/25/2004 9:00:00 AM Prepared By Paula Springs Executive Aide to the BCC Board of County BCC Office Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office Commissioners 5/18/20044:31 PM -Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/19120048:57 AM - Agenda Item No. 4A May 25, 2004 Page 2 of 2 _.....~ _....."~"..^.~.... , "'-""---<"'~~.<.._.~,-" ,- PROCLAMATION WHEREAS, The National World War II Memorial will be dedicated on May 29, 2004; and, WHEREAS, This Memorial will be the first national memorial dedicated to all who served during World War II, and will honor all rTilit ary veterans of the war as well as the citizens on the home front, the nation at large, and the high moral purpose and idealism that motivated the nations call to arms; and, WHEREAS, As symbolic of the defining event of the 20th Century in American history, the Memorial will be a monument to the spirit, sacrifice, and commitment of the American people; and, WHEREAS, The Memorial will stand for all time as an il1lX>rtant symbol of American national unity, a reminder of the moral strength and power that can f low when a free people are at once united and bonded t aget her in a common and j ust cause. NOW THEREFORE, be it proclaimed by the Board of County Commissioners, Collier County, Florida, that we wish to add our voices in recognizing the spirit, dedication, and courage of what is truly - our "Greatest Generation". DONE AND OffiERED THI S 25th Day of May, 2004. , BOARD OF CDUNTY CDMMI SSI ONERS CDLLI ER CDUNTY, FLORI DA DONNA FI ALA, O1AI Ffv1AN ATTEST: OW I <?liT E. BR)O<, QERK - Agenda Item No. 4B May 25, 2004 Page 1 of 2 ,..w.....__. .--.."._.....-"'~"_....._"""'~._"....__~_..._...-,,,_.."".....__..'_......_...""'_.,.-~";...."""',,..,''''''>o....,.._,.,. ",-'-. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 48 Item Summary Proclamation to dedicate the National World War II Memorial on May 29,2004. To be accepted by Jim Elson, President of the Collier County Veteran's Council and Don Peacock. Meeting Date 5/25/2004 9:00:00 AM Prepared By Kathleen Martinson Administrative Aide to BCC Board of County Commissioners BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County ,- Commissioners BCC Office 5/12/2004 9:17 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/13/2004 4:53 PM ,~- Agenda Item No. 48 May 25,2004 Page 2 of 2 -~--~~ . .__.._~,-_...'- PROCLAMATION ~- WHEREAS. dlring the upcoming Memorial Day Weekend Q long 0\Ierc:be celebrotion w11l take place at our Nationol Capital honoring those brave men and women, both in the military and civilian COlMU\itKS, who gave so much of themselves to protect the freedoms which we as 0 nation enjoy today. The wwn Memorial on the Mall will be dedicated on Scrh.rday May 29, 2004; and, WHEREAS, tens of thousands of WWII veterans and their farnilies will assemble on the Moll in Washington D.C. for the official dedication. FWlCIs have been raised. through spaghetti suppers, by the NapIcs Memorial VFW Post 7369 to send Michod Viechec to the Dedication as their officlal representative; and, WHEREAS. Mike wiD also be acting as on unofficial representative of Collier County and the City of Naples, Florida, by carrying with hirn thousands of signatures of local residents as Q -rHANIC vo,r to those who participated in the war effort; and. WHEREAS, in 1943 Mike Viechec left work in the coo.! mines of Hoselton, PcmsyIvonia at the age of 18 yeOl'S to join the U.S. Army. He was sent to the Citadel to train for the CYel1tuoI ~ion of 6umony. He and his classmotes received word one morning that they were being shipped to E1rope to par-ticlpate in the invasion of Normandy; and. WHEREAS, as on Infantryman, Mike fought his way across E\.rope participating in runerous battles including the Battle of the Bulge. He was one of the first U.S. Troops to enter the concentration c:omp at Oacau. When the war in Grope ended, Mike was sent to board a troop transport in France bound fOf' the Pacific and the invasion of Japan. Before the ship left port, word come 0- that the bomb hod been dropped. and the war in the pacific was over. Mike was sent to Gennany to toke part in the occupation. He re11.rned to work in the coal rnines ofta'" the war and ewntuoUy went to work for the U.S. Postal Service. After 0 career with the Postal Service he retired in Naples and has lived here for many years; and, WHEREAS. Mike has C<<1tinued to service his fellow vderons and his community as Q ute Member of the vyw, American Legion. I:>isabled American Veterans. and Amvds. He has been a member of both the VFW and American Legion fOf' more than 60 years. NOW THEREFORE. be it proclaimed by the Board of CGunty C<<m\issioners of Collier Cou:lty. florida, that the weekend of May 28, 29, and 30. 2004. be designated as wwn MEMORIAL DEDICATION WEEKENt> and trgeS all citizens to become fornilior with this very important Manorial and to take time to personally thank veterons like Mike Viehec fOf' their dedication and sacrifice. DONE ANt) ORt>ERED THIS 25tl\ day of May 2004. BOARD OF COUNTY COMMISSIONERS cot..LIER COUNTY, flOIU[)A DONNA FIAlA. CHAIRMAN ATTEST: - DWIGHT E. BROCK. ClERIC Agenda Item No. 4C May 25, 2004 Page 1 of 2 -'~-"^ '",-......-.----"..,"""""'.".",...,,'''''..-,-'' ,'''~' '"',....~"".~~ ..,.,.,....__..,..-._...._..,".".. ~"." ,,,.~".,,....._~, ,""~_" ,......~".". ~~_._.......__.,,_~ .~".,_o-___~__.... "'-~., COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 4C Item Summary Proclamation designating May 28, 29, and 30, 2004 as WWII Memorial Dedication Weekend. To be accepted by Mike Viehec, Gary McCue with the American Veterans, and Julias Futo with the American Legion. Meeting Date 5/25/2004 9:00:00 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office Commissioners 5/4/2004 8:26 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/412004 6:52 PM Agenda Item No. 4C May 25, 2004 Page 2 of 2 ''-.''-'-'"'-'' "~..o,",,,~.,,,,_,,,_,-,,_,,,,~,,~._, ^ - FROa..AMATION WHEREAS, the arts and cultural community of Collier County enriches .. the lives of all residents and visitors; and, WHEREAS, tourism in Collier Coonty is significantly enhanced by the area's diverse offerings of arts and cultural activities; and, WHEREAS, the arts playa key role in the business corrmunity and make a significant contribution to the county's economy; and, WHEREAS, members of the arts community play an active role in area schools, enhancing the students' education; and, WHEREAS, there is an expansive arts community in Collier County, with 50+ art s and cult ural organizat ions, 509+ prof essional artists and ITlJsicians, 100+ art galleries, and thousands of art lovers; and, WHEREAS, the Unit ed Arts Council of Collier County is organizing a series of art and cultural events throughout the county during the - mont h of Noverrber, 2004. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that November, 2004 will be CELEBRATE THE ARTS MONTH IN OOLL! ER OOUNTY and we call upon our citizens to celebrate the arts and culture. We encourage residents and visitors to support arts and cultural organizations in the county and to participate in activities scheduled during the celebration. DONE AND OFDERED THI 5 2Slh Day of May, 2004. BOARD OF CDUNTY COMMI 5S1 ONERS CDLLI ER COUNTY, FLORI DA DONNA FI ALA, OiAI R ATTEST: DW I GHT E. BROO<, QERK .- Agenda Item No. 40 May 25, 2004 Page 1 of 2 -- ~-~'~'^"'~_'.""~__.__...___,'..___"""~''''.~'''._'~.."'oo.",,,,.,....."..,."......._""'~"'.._._,."..""..,.,.",..,"'__.._,.",."_..c...., ",~~,,_,..' _.....,.... COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 40 Item Summary Proclamation to designate the month of November, 2004, as Celebrate the Arts Month in Collier County. To be accepted by Elaine Hamilton, Executive Director for the United Arts Council. Meeting Date 5/25/2004 9:00:00 AM Prepared By Kathleen Martinson Administrative Aide to BCC Board of County BCC Office Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 5/12/20049:24 AM _ Commissioners Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/13/2004 4:55 PM - Agenda Item No. 40 May 25, 2004 Page 2 of 2 ---~. . "'_._..,,~-,_..^..,>,,.~.~ .....,.,.-.....--, PROCLAMATION - WHEREAS, Emergency Medical Services is many times a child and parent s first cant act f or help in an emergency; and, WHEREAS, O>Ilier County EMS recognizes the special circumstances surrounding young patients and understands children's needs vary greatly from t hose of adult s; 'and, WHEREAS, <Allier <Aunty is irrplementing specialized training for all of it's emergency personnel, which will provide those medical workers with superior diagnosis and treatment skills that will more eff ectively serve children in need; and, WHEREAS, part of that specialized training includes a new diagnostic training tool called Sim Baby that EMS is purchasing through a state grant. The mechanical baby presents health conditions such as breathing or cardiac problems, and as a result will allow paramedics to have one. on. one experience with an automated child during emergencies in a controlled, training at mosphere; and, WHEREAS, EMS continually reviews it's training program and medical protocol to ensur e it is up- to- dat e and uses the lat est treat ment s and pr ocedur es so that patients have the highest potential for a positive outcome; and, WHEREAS, EMS regularly works with Collier County schools, organizations, other health care providers, pediatricians, and other county departments to - reach out and educate children about sat ety; and, WHEREAS, <Allier County leads Southwest Florida with cutting edge emergency training and technology tools to save the lives ot every patient including the future of this county, the children; and, WHEREAS, EMS paramedics are dedicated to providing the best, most timely care for those in need, specifically those patients such as children, who many times are incapable of helping themselves. NOW THEREFORE, be it proclaimed by the Board of County <Ammissioners of O>Ilier CoUnty, that June 7, 2004 be proclaimed as O1i1dren's Day at EMS in <Allier Count y DONE AND OFDERED THI S 25th Day of May, 2004 BOARD OF COUNTY OOMMI SSI ONERS OOlL! ER OOUNTY, FLORI DA DONNA FI ALA, aMI RMAN ATTEST: ,- DWI GH E. BOOO<, a..ERK Agenda Item No. 4E May 25, 2004 Page 1 of 2 _......,_.,..."_...,_....,..._--_._,~.,.....""''''~._- ---"""_'_,.,.."..,."..,.."",,,,.,,,",, . ...".,.."',.,.",, ,'.....~. .,.,.,,"..."...'n_"_.......~_..,,~,.-,,~. "" - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 4E Item Summary Proclamation to designate June 7,2004 as Children's Day at EMS. To be ac<?epted by Training Battalion Chief Helen Ortega and Administrative Captain Noemi Diaz. Meeting Date 5/25/2004 9:00:00 AM Prepared By Kathleen Martinson Administrative Aide to BCC Board of County BCC Office Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County .- Commissioners BCC Office 5/17/2004 11 :56 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/17/2004 6:59 PM Agenda Item No. 4E May 25, 2004 Page 2 of2 ~--.~-- _.'~._.,.- PROCLAMATION ^.-- WHEREAS, Code Enforcement Officers provide f or t he sat ety, healt h, and welf are of t he citizens in t his community through enf or cement of buildi ng, zoni ng, housi ng, ani mal cont r 01, envi r onment aI and at her codes and or di nances; and, WHEFEAS, Qxie Enf or cement Of f icers deserve recognition for t he jobs that t hey do in protecting lives and improving neighborhoods, as do emergency personnel such as police, f ire and emergency medical services; and, WHEREAS, every day, assisted by support and program staff, they provide qualit y cust omer service tot he public for t he bet t er ment of the communit y; and, WHEFEAS, too many times their eff orts go unnoticed, even at ter compliance has been accomplished due to their ef fort s and expertise; and, WHEREAS, t he per sonner of t he Code Enf or cement Depart ment ar e dedi cat ed, well trained, and highly responsible individuals who take their jobs seriously and are proud of their department and t he local gaver nment wit hin which they ser ve; and, WHEREAS, the Florida Association of Code Enf or cement (FACE) has declared the first week of June to be set aside by local - gover nment to honor and recognize t hei r Code Enf or cement Depart ment st at f . NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier Count y, Florida, that t he week of June 2 - 7, 2004 be designated as OODE ENFORCEMENT OFFI CERS' APPREQ AT! ON WEEK in Collier Count y in accordance wit h t he stat ewide observance of t he same and encour age citizens of Collier Count y to join this Commission in expressing appreciat ion for the dedi cat ion and out st anding service provided by t he individuals who serve as our Code Enf or cement Of f i cer s. DONE AND ORDERED THI S 25t h day of May, 2004. BOARD OF roUNTY roMMI 881 ONERS OF roLL! ER roUNTY, FLORI DA DONNA FI ALA, Q-lAI RMAN ATTEST: - OWl G-iT E. BROO<, O,.ERK Agenda Item No. 4F May 25, 2004 Page 1 of 2 __.........._____'""_.~__".__~_._.....__.....;,.""<...._~"~."'''''.h',,,..._",..,'_.""I.."'..;'...,.,....."..._''",,-,...~...,,..'. ._..........,,~-,.,"',.,.,".....~~~..."',_.,~..,._.- ,,-,. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 4F Item Summary Proclamation to designate June 2-7,2004 as Code Enforcement Officers' Appreciation Week. To be accepted by Janet Powers, Operations Manager, Code Enforcement Department. Meeting Date 5/25/2004 9:00:00 AM Prepared By Kathleen Martinson Administrative Aide to BCC Board of County Commissioners BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County -Commissioners BCC Office 5/17/2004 11 :53 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/17/20047:03 PM ,,- Agenda Item No. 4F May 25, 2004 Page 2 of 2 -~-'.- --...--. -- ",,,,"",,",,~"-"'''''' ... .-..",-.-...- - ., CARR & CARR ,-, ATTORNEYS AT LAW 2641 AIRPORT ROAD SOUTH, SUITE A-I08 NAPLES, FLORIDA 34112 MICHAEL CARR TELEPHONE (239) 732-8722 STEPHANY S. CARR FAX (239) 732-8726 Board Certified in Business & Consumer Bankruptcy Law by the American Board of Certification - April 30, 2004 Collier County Commission Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 Re: Final Report on investigation Case No: 03-1943-CC Dear Commissioners, This report is the final report required under the Order J'--"', Approving Appointment of Agent Under Section 828.03 Florida Statutes signed by Judge Turner on December 1, 2003 and as per the Order of the Court is being presented to the Court, the Board of County Commissioners, the Office of the State Attorney and the petitioner, "Friends of Gummi". An initial interim report on the investigation was prepared and sent to the County Manager on February 19, 2004. This report outlined the scope of the problems concerned with the Division of Animal Services (DAS) . See attached copy. The initial response to the interim report was prepared by Mr. John Dunftick and did not adequately address the concerns outlined in the interim report. After meeting with the County Manager, a new response was prepared to the interim report by Mr. Leo Ochs, Jr. the Deputy County Manager_ See attached copy_ The purpose of this investigation was to protect animals and help prevent cruelty to animals. The positive response of the County Manager and his staff have gone a long way toward accomplishing that goal. My review confirmed numerous problems in the operation of the Division of Animal Control. As is noted in Mr. Leo Ochs letter of April 7, 2004, my findings were largely consistent with the I .- findings outlined in the investigative report filed by the Human Resources Department last August. Agenda Item No. SA May 2S, 2004 Page 1 of 6 ~-_._".... "--"'",.-- -,.,_..,..........,-,',....,_..".,"'~-,....""",,,.,,<;>...... ~.._M____"......".~."~._'D._'..~ -, My overview of the problems of the DAS are as follows: The DAS grew from a very small organization with few people and little or no consistent planning and procedure_ The control over the finances and records of the DAS were virtually non- existent. The DAS often was operated on an ad hoc basis for the convenience of the staff, not the animals or the taxpayer. Over the years stories of problems with the DASdid surface and often the employee involved with the whistle-blowing was terminated. One such employee is Ruth Behr, who provided sworn testimony to assist in this investigation. It would send a powerful signal that things have changed for the better if her status was reviewed for possible re-employment by the DAS. . The county in its own internal investigation last August outlined numerous problems with the DAS. They did not solve the problems they outlined. After the interim report was prepared, I met with the county manager and then with Beth Walsh the Interim Director of the DAS. -., Ms. Walsh is doing everything possible to solve the problems with the DAS. She is changing the attitude of the staff from an "us vs. them" to a positive effort to work with all citizens interested in animal welfare. A collection of old directives has been cobbled together into a manual of sorts. A new planning and procedures manual with a clear mission statement will be prepared under the guidance of the new director of the DAS_ Each employee should be able to understand his or her role in the department with a simple easy-to- understand planning and procedure manual. Interim Director Beth Walsh has made it clear that employees will comply with state statutes and county rules and policies. There will be a careful accounting of the money and the resources that go in and out of the DAS. There is a commitment to make the newly created Advisory Board into a real partner in improving the DAS. As an individual I have offered to assist in drafting new animal cruelty investigative procedures and will assist the new director of DAS, with the approval of the Citizens Advisory Committee. It is crucial that a well-qualified experienced Director be recruited to run the DAS. The new DAS director should establish a ! new planning and procedure manual for the staff as soon as I possible. The old directives, collected by alphabet, should not I - bind the new director. Agenda Item No. 5A May 25, 2004 Page 2 of 6 ~,..- ._--_._._-_...~=.."'"......_,.".,_.~~ - n._ . _.._ _.. ____ __. u. .. _.._. . ..__._.__ More and better training for the staff with special emphasis on documenting animal cruelty and providing trial-quality records and testimony for the Office of the State Attorney must be provided_ The staff must understand that passing out civil citations is not the correct response to animal cruelty, which in many cases is a felony. Every instance of possible criminal activity must be properly documented and reported to law enforcement. It is not adequate to passively assist law enforcement when specifically requested. Some current staff members may not be willing to make the changes that are required. Those staff members willing to make the new DAS a success will be welcome. Interim Director Beth Walsh has been a breath of fresh air. She has a positive attitude and a firm commitment to the effort to improve the DAS and achieve the finest domestic animal services operation in the state. She can't do the job by herself. The many years of hostility between groups and people committed to animal welfare must end. With a new Director and a firm commitment to work together we will be able to provide Collier County with the finest Domestic Animal Services operation in the State of Florida. Sincerely you~ ~~ Mike Carr Attorney At Law Agenda Item No. SA May 2S, 2004 Page 3 of 6 -- ~---------~ - ._._._._H__ CARR & CARR ATTORNEYS AT LAW 2641 AIRPORT ROAD SOUTH. SUITE A-lOB NAPLES. FLORIDA 34112 fl.lICHAEL CARR TELEPHONE (239) 732-8722 STEPHANY S. CARR FAX (239) 732-8726 Board Certified in Business & Consumer Bankruptcy Law by the American Board of Certification February ~9, 2004 Jim Mudd County Manager Collier County Government Center 330~ East Tamiami Trail Naples, Florida 34~~2 Re: Interim Report on investigation Case No: 03-~943-CC Dear Mr. Mudd, This report is being presented prior to a final report required under the Order Approving Appointment of Agent Under .--~ Section 828.03 Florida Statutes. The Division of Animal Services as a matter of practice ignores Florida law. As was noted in an internal investigation previously, livestock are not being properly disposed of. Florida Statute 588.~7 spells out in detail the procedure for auctioning off impounded livestock. In addition procedures are listed in 828.073 for the disposition of animals found in distress. Jodi Walters is in charge of the Division of Animal Services and is aware of the requirement that impounded livestock be auctioned off to benefit the public. By auctioning off the livestock the taxpayers are paid back for the cost of handling and caring for impounded livestock. The citizens also have a chance to purchase livestock at a bargain price. This is not done. Ms. Walters has advised staff to tell citizens who inquire about livestock that a public auction will be held. This does not happen. A small number of the staff of the Division of Animal Services have been allowed to acquire valuable animals at little, or sometimes no cost. They have been allowed to unjustly enrich themselves at the expense of the public who pay the taxes. The public never has a chance to acquire these valuable animals. Agenda Item No. SA May 2S, 2004 Page 4 of 6 ,-"~--,.. ~,_.._.-.., -~-~._.....--. -.-..-.-----.- -.-- Records appear to be sometimes not kept or backdated to explain animal "adoptions" by employees. As a matter of routine civil citations are issued instead of referring cases for criminal prosecution. The Division of Animal Services is not preserving the bodies of abused animals for medical examination and use as evidence in criminal prosecution. By not preserving evidence prosecution becomes impossible. Reports of practicing veterinary medicine without a license, a third degree felony, were kept in house and not referred for possible criminal prosecution. At least one case of possible grand theft was disposed of by allowing the employee to resign, without any referral to law enforcement for a criminal investigation. Clerk of Courts Dwight Brock has spelled.out the problems with records at the Division of Animal Services in his report. These problem appear to be fundamental and require a dramatic change in the management practices of the Division of Animal Services. A final report, incorporating your response will be prepared within the next two months and presented to the County Commission, the State Attorney and Judge Turner and to the II Friends of Gummi, Inc.1I pursuant to the Court's Order of December 1, 2003. Sincerely yours, ~~ Mike Carr Attorney At Law Agenda Item No. SA May 2S, 2004 Page S of 6 . ,.. .. '."^''''"'~''~_'''_'''''' "_, "' ,_,""""L""'~ ,,'_"'~_~_~__"''''''''''H-+- ..~....,.., ",.'"".._...".",.......~.."'".....,_."....._,..,.,....._~_..._.._ , .--- ."___* ' -------- .------ _.- > >, COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, florid a 341 12 . 239-774-8383 . FAX 239-774-4010 Apri17,2004 Mr. Mike Carr Attorney at Law 2641 Airport Road South. A-I08 Naples. Florida Re: Interim Report on investigation Case No. 03-1943-CC Dear Mr. Carr, Thank you for providing an interim report concerning the above referenced investigation to County Manager Jim Mudd for review. The issues raised in your report an: legitimate concerns and are largely consistent with the findings outlined in the investigative report filed by our Human Resources Department last August. Staff acknowledges past operational and managerial shortcomings _~ the Domestic Animal Services Department and appreciates your assistance in identifying issues in need of attention and woding ward productive solutions. While it will take some time to achieve our ultimate goals. the following list of corrective and positive actions have already been taken to improve our efficiency and effectiveness. . Reorientation of all DAS staff with regard to individual job duties and personal responsibilities for compliance with applicable State statutes and County policies. . Improved efficiency and accountability in primary business systems through the purchase and installation of a new automated financial accounting, inventory control and records management system that will be operational in the near future. . A renewed focus OD customer satisfaction in all facets of the operation . Improved community relations and education initiatives highlighted by the fonnation of a new DAS Citizens' Advisory Committee . More progressive adoption progrcuns. including more innovative and effective marketing efforts and citizen oversight. In closing. I want to again thank you for the opportunity to review this interim report and for your generous offer to personaHy help in drafting new animal cruelty investigative proc:edures for our DAS staff. Ms. Walsh. the interim director. will be calling you shortly to accept your offer and scbeduIe a meeting with you. As always. we welcome your input and that of other interested citizens as we work together to operate the fwest domestic animal services operation in the State. Sincerely. ~ Leo Oehs. Jr. 'Deputy County CC: James V. Mudd, County Manager , John Dunnuck, Administrator. Public Services _. Beth Walsh, Interim Director, Domestic Animal Services Agenda Item No. SA May 2S, 2004 Page 6 of 6 i . --,..'.--..-.". ,_. c""'-" Mr. John Dunnuck reads: The Collier County Emergency Medical Services Department, has adopted the PHOENIX AWARD, to recognize those EMS Paramedics, Firefighters, and Sheriffs Officers who through their skills and knowledge, have successfully brought back to life, individuals who had died. The "PHOENIX", was a mythological bird who died and rose re.newed from it's own ashes. I would like to begin the presentation with a prayer. An EMT Prayer God... grant me the ability to give Emergency care With skillful hands, knowledgeable mind And tender love and care. Help me deal with everything, When lives are on the line To see the worst, administer aid, and Ease a worried mind. So help me as I go today Accept what fate may be Touch these hands, use this mind, ,..- Amen ...Author Unknown We are proud to recognize the following heroes: Arthur Wolf Neil MacLarty Bill Woods Otto Otega David Cranur Pierre Chee Christopher Birge Rob Boyer Chuck Jenks Steve Huton Dan Wilcox Tim Buener Daniel Sawyer Dave Becker Dean Homan Desirae Havens Doug Roberts Jerry Beck Laura Occhipinti Mark DaSilva Mathew Zaleznik Matt Johnson ",- Agenda Item No. 58 May 25, 2004 Page 1 of 2 _~, __,___'"~. "~'~'''''''.'''''''''''_'''"''"''''''_~'''''''''''.''''''_~ ,.,,,~,,,.,>, ,." _,... "<" '~M''','''''"''"",,,,,,_,-,,,"",.....,,,,,,,,,~,.-,,,,,,--.,,._.-,~,,,,,,- ',-.~.... ~_ .. _ ."" ~'......'__"m_' ,.. ".._ ..,... .~."' COLLIER COUNTY ,- BOARD OF COUNTY COMMISSIONERS Item Number 58 Item Summary Present the PHOENIX AWARD to recognize those EMS Paramedics, Firefighters, and Sheriff's Officers who through their skills and knowledge have successfully brought back 10 life individuals who had died. Meeting Date 5/25/2004 9:00:00 AM Prepared By Jeff Page EMS Director Public Services EMS Approved By Jeff Page EMS Director Date Public Services EMS 5/12120041:10 PM Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 511212004 2:29 PM Approved By John Dunnuck Public Services Administrator Date -, Public Services Public Services Admin. 5/1312004 1 :47 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 51141200410:38 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 5/17/200411:47 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/1712004 11 :50 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/17/2004 7:08 PM - Agenda Item No. 58 May 25, 2004 Page 2 of 2 ~.._~.~. .~~._ w _.,_.... ,.~..-".. ._~~ ..-""- May 25, 2004 - Mr. Edward S. Perico Building Review and Permitting Director 2800 Horseshoe Drive Naples, FL 34104 Dear Mr. Perico: On behalf of the Board of County Commissioners, County Administration and your many colleagues and friends, I wish to express my appreciation for your dedicated, faithful service to the citizens of our community. You have played a vital role in establishing exemplary residential review standards and promoting harmony between the industry and citizens of Collier County. Your professionalism, technical expertise and steady leadership have been a great asset to our County. You can look back on your many accomplishments with tremendous pride and ~- satisfaction. We will truly miss you. Once again thank you for your contributions to this organization and the residents of Collier County. We wish you continued success and prosperity in all your future endeavors. Cordially, Donna Fiala, Chairman Commissioner, District 1 DF:sf ,,-. Agenda Item No. 5C May 25, 2004 Page 1 of 3 .- .....,"_"".._,_>>,,"'.......""M.~~~...""";".._....-~,~..... ".~,,,,,,,,,,,,,,,,,,,;",-,,,"'''''''''~'',''''''~'''''''''-~' . - - .- -- . Ed has been with Collier County for 18 years of dedicated, faithful service. -- He has served in the Building Review and Permitting Department since 1986. . . He served as a Building Inspector and later, as Lead Structural Inspector (he provided structural, electrical and mechanical inspections for over a thousand residential and commercial structures over a nine-year period. . He as served as the Director, Building Review and Permitting Department in the Community Development and Environmental Services Division from Dec. 27,1995 to May 31, 2004. . He faithfully and honorably served to promote exemplary residential review standards and governmental oversight, and as a result, promoted harmony between the industry and citizens. . He always displayed a positive "can do" attitude and as a result, managed one of the most efficient and effective building departments in the State of Florida. . His team, his employees reviewed and processed over 200,000 applications for commercial and residential building permits. -----"" . He professionally and proficiently enforced the dictates of the Florida Building Code and Collier County's Land Development Code. . Ed was born in New York City, and started working with his dad in the construction field at the young age of 13. When he became of age, Ed entered the Air Force and was in active duty serving our country for 4 years. He then became a New Jersey Police officer and served with the Department for nine years. . After nine years on the police force, Ed's heart led him back to the construction fLeld where he started his own construction business with 92 employees. . Ed and his wife Barbara, who is employed with the Collier County Transportation Division, have three daughters, twelve grandchildren and 1 great grandchild. . Ed loves the outdoors and when the opportunity arises he spends time at his lodge in Arkansas. . Ed has been a tremendous asset to Collier County and will be missed by all. Agenda Item No. 5C May 25,2004 Page 2 of 3 ~-.,,~"' . -~.._< -"--,,...-."-~= COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 5C Item Summary To Edward S. Perico for his outstanding service to Collier County. Meeting Date 5/25/2004 9:00:00 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 5/17/20044:02 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/17/20046:51 PM Agenda Item No. 5C May 25,2004 Page 3 of 3 .- May 25, 2004 Mr. John M. Dunnuck Public Services Administrator 3301 E. Tamiami Trail Naples, FL 34102 Dear Mr. Dunnuck: On behalf of the Board of County Commissioners, County Administration and your many colleagues and friends, I wish to express my appreciation for your dedicated, outstariding service to the citizens of our community. You have made significant contributions in every position you held during your career with Collier County. Your management skills and leadership abilities have been a great asset to our County. You can look back on your many accomplishments with tremendous pride and satisfaction. We will truly miss you. ,- Once again thank you for your contributions to this organization and the residents of Collier County. We wish you continued success and prosperity in all your future endeavors. Cordially, Donna Fiala, Chairman Commissioner, District 1 DF:sf ....-" Agenda Item No. 5D May 25, 2004 Page 10f 4 ..--,.- ...____,___.__.._"""'_".__~.._"'-''''<-,.-'''"-...~I......"_,__-'_...,,.,,~, .__ ,'."M_~ ..._...,......,.. '''''''''k'''''_'''''''~''"''~'''''''''''''"''''''-_'""''''''''''''''~''''_''~"->_'.,,-. - John M. Dunnuck . John Dunnuck has made significant contributions in his tenure with Collier County Government. His management skills and abilities were recognized early_on and he advanced rapidly. . He began is career with the County in 1995 as Supervisor of the Golden Gate Community Center in the Parks and Recreation Department. In 1997, he became Operations Coordinator for the Department. In 1999, he became an Assistant to the County Manager where he worked for Bob Fernandez, Mike McNees and Tom Olliff. . In 2000, John was assigned the role of Interim Administrator for The Community Development & Environment Services Division. Among his many accomplishment~ as Administrator, were the implementation of a plan to greatly improve public participation during the development review process, resolving the golf course impact fee issue, - and the Tourism and Housing Department was reorganized to improve effectiveness and accountability. . His latest responsibility has been as Administrator for the County's largest Division, the Public Services Division. The Division contains the Parks and Recreation Department, the County Library system and the County Museum System. In addition, he has had responsibility for the Emergency Medical Services Department, the Domestic AniInal Services Department, the Human Services Department, Veteran Services, and Extension Services. Additionally, he has served as the County liaison to the County Health Department and the David Lawrence Center. . John graduated from the University of Illinois with a Bachelor of Science Degree Leisure Studies. Presently he is in the process of completing his Master's Degree in Public Administration at Florida Gulf Coast U ni versity. -- . John is married and is the proud father of two daughters. Agenda Item No. 50 May 25, 2004 Page 2 of 4 -_..~.- M...._.__......~....""_ -.. .._._--"......~...".- ____.._,. ..__,,_.o.."~_.. · John will be sorely missed, but we wish him the best as he tackles new endeavors. Agenda Item ~ 10 50 May 25, 2004 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 50 Item Summary To John M. Dunnuck III for his outstanding service to Collier County. Meeting Date 5/25/2004 9:00:00 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office Commissioners 5/17/20044:03 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/17/20046:29 PM ^-. Agenda Item No. 5D May 25, 2004 Page 4 of 4 ~-.._',.." _.~ _..,,~,_.- ,_.".~, ^ .-' -'0 Government Finance Officers Association 203 North laSalle Street, Suite 2700 --, _~r:R Chicago, Illinois 60601- t 210 312.977.9700 fax.: 312.977.4806 MAY 1 ZUi~ '. --~ - '. - May 14; 2004 Mr. James V. Mudd County Manager Collier County 3301 Tamiami Trail East 2nd Floor, W. Hannon Turner Building " . Naples, Florida 34112 Dear Mr. Mudd: I am pleased to notify you that Collier County, Florida has received the Distinguished Budget Presentation Award for the current fiscal year from the Government Finance Officers Association (GFOA). This award is the highest fonn of recognition in governmental budgeting and represents a significant achievement by your organization. - When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated' as being primarily responsible for its having achieved the award. This has been presented to: Office of Management and Budget We hope you will arrange for a formal public presentation of the award, and that appropriate publicity will be given to this notable achievement. A press release is enclosed for your use. We appreciate your participation in GFOA's Budget Awards Program. Through your example, we hope that other entities will be encouraged to achieve excellence in budgeting. Sincerely, --J?~4.:f-' - zR_:;: Stephen J. Gauthier, Director Technical Services Center Enclosure ~ Agenda Item No. 5E May 25, 2004 wwwgfoa,org Page 1 of 2 --.--- ,,"" .. .-.,_."_.,,,,,,-,_...~"-_..._...,,,,-,-....,",'-~'__"~'_-""---"''''''_''..,,,,,",;,,~,,,,,,,,~,,,,,,,-,,,*,,,,,,,,",:........,,..,~.,''-''''-'''-'''',. .,~,....., . ... ..__.....""......"".,,_.,_._.._.....__.M'._' COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 5E Item Summary Distinguished Budget Presentation Award for the current fiscal year from the Government Finance Officers Association (GFOA) presented to the Office of Management and Budget. To be accepted by Mike Smykowski, Director, Office of Management and Budget. Meeting Date 5/25/2004 9:00:00 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/18/20048:41 AM ,.,.-. ,"- Agenda Item No. 5E May 25, 2004 Page 2 of 2 .-----.-- o~'" "".. -" EXECUTIVE SUMMARY Recommendation to recognize Brian Bower, Plant Mechanic, Public Utilities Division, as "Employee of the Month" for May 2004. OBJ~CTIVE: To recognize Brian Bower, as "Employee of the Monthn. CONSIDERATIONS: Brian's position of Plant Mechanic is one that he takes very seriously, with pride of ownership attitude second to none. He is responsible for maintenance and repairs of the diverse equipment that is critical toward the facility maintaining a reliable and consistent supply of water to our customers. As an example, during this past year, one of these critical processes, the sulfuric acid feed system, experienced dozens of leaks. This situation was a result of a change in acid strength supplied by the vendor. The existing piping system was unable to withstand the higher percentage concentration and subsequently the piping material degraded to the point where leaks developed. Brian was instrumental in identifying the cause of the problem. This particular piping material required specialized training and certification to safely and effectively install and repair. Brian moved quickly to obtain' the appropriate certification in order to requisition the materials necessary to conduct in house repairs. By doing so, we eliminated our dependence on outside contractors. This situation developed during the peak demand season so the need to maintain consistent and reliable production was paramount. There were instances of numerous repairs in the same day and many times Brian had to be called back to the facility to make yet another repair. These were stressful times; ,- however, Brian always maintained a positive, professional attitude. Brian's areas of responsibility go beyond the confines of the plant process building. Another example of Brian's abilities and knowledge in maintenance has been demonstrated in the rehabilitation of the light poles on the water plant grounds. Over the years, the yard light posts had deteriorated. Brian recommended a procedure to rehabilitate the posts instead of replacement. The finished product is excellent and the cost savings to the county exceeds $20,000.00. FISCAL IMPACT: "Employee of the Monthn selected receives a $150.00 cash award. Funds for this award are available in the department budget cost center. RECOMMENDATION: That Brian Bower, be recognized as "Employee of the Monthn for May 2004. - Agenda Item No. 5F May 25, 2004 Page 1 of 2 --. ~.~._._~.."..._,~.....~,._.,"",_....,.,_,,,w.,,,_.....,."._._~,.,~"..._."~,," ."..".-..,-_....""-...""'~..._~_.,......~~---.._.__.,...,~.,....._-~-- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 5F Item Summary To recognize Brian Bower, Plant Mechanic, Public Utilities Division, as "Employee of the Month" month of May, 2004. Meeting Date 5/25/20049:00:00 AM Prepared By Dawn Ragone Administrative Assistant Administrative Services Human Resources Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resources 5/13/2004 11 :55 AM Approved By ".en Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 5/18/2004 1 :57 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5/18/20044:20 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/19/20042:41 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/19/20044:15 PM Agenda Item No. 5F May 25, 2004 Page 2 of 2 ....~~'._-~ ~...,,_d --,--- ~,.- . . .-. . . NAPLES DEPOT CIVIC~ CULTURAL CENTER A registered National Historic landmark May 5, 2004 - Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Commissioner Fiala: The Board of Directors for the Naples Depot has been exploring new, appropriate and innovative directions for the use and operation of this historic, lan"dmark building and grounds. The accompanying proposal to you and the Collier County Museum system indicates what we feel is the "highest and best use" of this property for the people of Naples and Collier County. ~- On behalf of the Board of Directors of Southwest Heritage, Inc., I hope you will consider our serious overture to you and be receptive to a positive, exploratory dialogue regarding this matter in the very near future. Sincerely, ~-y:;/~'- --- Lodge McKee President Copy: All Collier County Commissioners Collier County Manager * Ron Jamrol Collier County Museum Director \"'7- ~ ~~1v~~ V~ A ,;\ . 11',# -~~ \. r I I . '1 .~ Item 0.-6A May 25, 2004 SOUTHWEST HERITAGE, INC. 1051 fifth Avenue South / Naples, florida 34102/ (239) 262-1776 1P.Dg~')~~5119 ____.._.___._...,,'""t"''''""'~~~'''''~._.._... 'I'" "".. ,,,,.,,,.....,....,, ' ~..."'.,.'O,,_......~ _.......".~_..___.__ __.u , ,_. December 31. 2003 TO: Board of Collier County Commissioners FROM: Southwest Heritage, Inc. (Naples Depot) SUBJECT: A Partnership to Make the Naples Depot the "Gateway" to the Collier County Museum System Southwest Heritage, Inc., a Rorida not for profit corporation, owns and manages the Naples Railroad Depot, a registered national historical landmark. The Depot was an active part of Naples' history from 1927 until 1972 when the last train departed. In 1975 a group of civic minded Neapolitans formed Southwest Heritage, Inc. to save the Naples Railroad Depot and to utilize the facility as a gathering place for cultural and civic groups and any other purposes deemed appropriate to further its historlc nature. On November 4, 1976 Restrictive Covenants were placed on the property which requires Southwest Heritage, Inc. to repair, maintain and administer the property so as to preserve the historical integrity of the features, materials, appearance, wor1<manship and environment of the facility for a minimum of thirty years. - While Southwest Heritage, Inc. has fulfilled its mission as a cultural and civic center, providing meeting spaces to various organizations in the community for almost 30 years, the Board of Directors in 2001 recognized that the dynamics of Naples were changing and the future uses of the historic facility needed to be examined. The Board commissioned Informal Learning Experiences, Inc., of Washington, D.C., at a cost of $55,000, to conduct a feasibility study and to make recommendations for the future use (beyond 2006) of the Naples Depot. The study concluded the following: + The Depot is poised for a major evolutionary change. + Naples/Collier County is suitable for a new family educational and recreational attraction. + Teachers with the District School Board of Collier County see major advantages to a proposed new museum., .and would use it as part of their educational enrichment program. + Exhibit and educational activities, both inside the current building, and on the property itself, should be a rich mix of passive and interactive experiences, suitable for both individuals and school and other organized groups. ; , The study also recommended that Southwest Heritage, Inc. acquire the adjoining real property. and artifacts and other personal property to exhibit in the museum. To date the Board has been unable to purchase the adjoining property. Recognizing (1) the high cost to acquire exhibits for a transportation-oriented museum which would celebrate the history of Naples, (2) that the County has an abundance of artifacts and exhibits celebrating the history of our community, and (3), that to some degree we would be competing with the Collier County Museum; the Board decided that a partnership combining our resources would be of greater benefit to our community, and could still insure the historical preservation of the Naples Depot into the future. The Board beli~ves the Naples Depot could serve as the gateway to the County's museum system, providing a high- visibility location in downtown Naples which would introduce its visitors to the other facilities in the County's museum system. -_. Agenda Item No. 6A I May 25, 2004 Page 2 of 3 ,-, . "~~"",~,,,".'.,_.~-'>. .. ." ._~ ,-"~-- . In order to continue to meet its fiduciary responsibility to preserve and maintain the Naples Railroad Depot. the Board would propose the following: (1) Southwest Heritage, Inc. would offer Collier County a long term lease of the historic building, railroad cars, and parking area for the sum of $1per year, conditioned upon the County maintaining, preserving and insuring the properties covered by the lease. (2) Southwest Heritage, Inc. would retain the following: a. ownership of the property and improvements, b. operation and maintenance of the -Lionel Model Railroad Room- and its contents c. operation and maintenance of the outdoor Riding Railroad, including the trains, track, signals and other appurtenances; together with the outlying train maintenance buRding. (3) The Museum, the Lionel Model Railroad exhibit and the outdoor Riding Railroad would share the Naples Depot parking lot. Southwest Heritage, loe. has maintained the Naples Depot structures in good condition in accordance with historic preservation standards. Collier County would be expected to do the same. The members, directors, officers and volunteers of Southwest Heritage, Inc. would continue to provide stewardship in their respective supportive roles. The County Museum System would provide appropriate staffing for the creation, operation and maintenance of its exhibits. A symbiotic relationship between Southwest Heritage, Inc. and the Collier County Museum System would insure the continued preservation of the Naples Railroad Depot, a registered national historical landmark, and would give Collier County a highly visible and convenient facility to showcase its historical artifacts and to serve as a gateway to the other facilities in the County's museum system. Southwest Heritage, Inc. working, with the Collier County Museum System, is positioned to integrate the Naples Railroad Depot into the County's museum system by December, 2004. Agenda Item No. 6A May 25, 2004 Page 3 of 3 .- ~ COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 · Fax 239-774-4010 May 12, 7004 Mr. Jack Jameson 41 Pacific Way Naples, FL 34104 Re: Public Petition Request to Discuss Fishing Opportunities at Bay View Parks Dear Mr. Jamesoo: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of May 25, 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 infonnation or assistance, please do not hesitate to contact this office. Sincerely, ~:-.~--4 County Manager JVM/jb cc: David Weigel, County Attorney John Dunnuck, Public Services Administrator ,,-. t~ Agenda Item No. 68 May 25, 2004 c 0 . r C 0 14 " t ,1 Page 1 of 2 - ,...__,_.._..._"''''''"'.....''',......_''''~...__...._". _".'<,,......_.. ,_.........H-'.,.,"'''''''".""'..",,''".,,_..,',..,,.~...; ,..",."....,.",-q. .-.-. . :jJ ( ., 'J<:R .. MAY 1 ;: 2004 - - '- - ..-..4.._ " - - May 10, 2004 Mr. Jim Mudd, County Manager Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 Dear Mr. Mudd: I would like to appear before the Collier County Commission under "Public Petition" on May 25, 2004. I would like to present to the Commissioners an idea to better utilize the fishing opportunities for the public's use at Bay View Parks. ck Jameson 41 Pacific Way Naples, FL 34104 430-1484 I - Agenda Item No. 68 May 25, 2004 Page 2of2 . -.--. ~ COWER COUNlY MANAGER'S OFFICE 3301 East Tamiami Trail. Naples. FL 34112 . 239-774-8383 · Fax 239-774-4010 May 13, 2004 Ruth and Robert Garee 234 Palmetto Dunes Circle Naples, FL 34113 Re: Public Petition Request to Discuss After The Fact Variance Fees For 234 Palmetto Dunes Circle Dear Mr. and Mrs. Garee : Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of May 25, 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 Roor 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, ~;e~~ County Manager JVMljb cc: David Weigel, County Attorney Joe Schmitt, CD&ES Administrator .~ f~ Agenda Item No. 6C May 25, 2004 c 0 . r C 0 .. " t .y Page 1 of 11 - & _~..__.~.._u """_ """_,,,,,~,,~,~.,".-_,..~..__,,~",,,~.,,,,,,,,,,,.-",".-,",,,,,,,,..,,,, .. ._,....""", ,..t.H.""H'"'...'"'"...-,,_.....~11'."...r.......''.-''' ,.....-,,'...."..N...,... '.., '"''_N''' .. _ ". ,.n" '.... ....... . ----.. -. 0~/3~/2004 ~:32 1744018 CXJ..ffiY ~ lJFER_ ClE PAGE 03 (lCe1Ved L~ # Ql~ Me; _ \it'-. I ~ ~ o q-, c.,i.- S \ b ReQ\I~ to Speak under PIJ9liC Petition . ~~ \J\ C'-- Please print Name: Ru~h P. Garee -.. Addr.SS: 234 Palmetto Dunes Circle Naples. FL 34113 Phone: ~.E39) 774-7892 Oabl of ttKt Board M~ ~U 'Hie!) 10 soeak: May 25. 2004 Please eXDlaln ind6tenthe re880Tl YOU.8r~ teOuestina to SQe8k (attach asjfJitloo;l) Q;!08 if nece88Srvl: See Attached .-, Plea~~ exDlain ;ndetall thp action Vo", ~re 8skjna the Commission to take (att.acl:l addltton.' oaoe if neceM8ry): T.1r.. ;1MftD"-1 5't:A a~t"i n~ d,"A t3.~"F~ ~'hq f9Q "'D~ '''ft~i8.11I-g ~~r th+- afr~T the FAr" .i tlu,t--iQll vir}, nu'r prnp,..rt-y ern UP ...-.;a.... !:IpP~Y fQT a variance for a second floor addition. H;'J>ublleP.ulian ~ fM'rl.doc .- Agenda Item No. 6C May 25, 2004 Page 2 of 11 ~'-'"''''''"''''' ---".-- __w --- '" .----- --- - . May la, 2004 Collier County Office of the County Manager 3301 East Tamiami Trail Naples, FL 34112 Atto: Debbie Wight ~e bought our home at 234 Palmetto Dunes Circle in Lely Country Club in February~ 2001_ Our plan was for this to be our secondary home as our other one had been with our pr~ary home in Ohio. However. our plans chang~d when Robert accepted a job with Collier County as a flumbingJMech~oical Inspector'and started working there in January, 2003. We decided then that we were going to be full time re$iden~s of Collier County_ Our home in Ohio is a lot larger than the one here and since we don't want to give up our treasures we started looking for a bigger house. Everywhere we lOOked we always came home to Lely in East Naple$ and knew we really didn't want to move anywbere else. We started investigating the p08sibilitis of building on to our present home. We knew we couldn't build onto the first floor eo we want to add a second floor_ We talked to Collier County to find out what steps to take to proceed. We learned that we needed a variance for a second floor. as we needed 15 fooe side set backs. They advised us to check with our neighbors to see it their were objections and to cry to get ~he blessing of our aS8oclaCion_ Our neighbors signed a paper in favor and when we presented it to the board of our association they gave us a letter of approval. We next made an appointment for a pre-application meeting with Michele Hosca, Principal Planner and paid the $500.00 fee for the meecing. We showed ber our site plan of the house the way it is now and the and the area of the second floor addition. She said they u8ually require a hardship for a variance. We explained that our only hardship is the house needs a lot of work and updating and we need ~ore space for our things and we want to do both at the same time. We also believe it would be an asset to the neighborhood and oUr neighbors e~ressed the same thought. We already have 2 two story houses in our imediate area. One right across the street_ Some of the houses in our area are getting old and as they are remodeled and updated 'it adds to the value of the neighborhood. After meeting with Michele she called and informed us our house was built illegally in 1982 as we have 8.75 side front set backs on both front corners and 10.0 and 15.5 on the side rea~ corners Agenda Item No. 6C May 25, 2004 Page 3 of 11 . . -- according to the original site plan. According to ~he survey we have 10.0 and 8.9 on the front and 9.9 and 15.6 on the back side set backs. We also have a walled garden of the master bath that is 5.5 to the side lot line. She tried to tell us that the walled garden was'-added after the house was buUt and not as shovn on the original set of plans which We have and are stamped APPROVED LELY ESTATES, INC. 7127/82. She said she was sure these plana were diffe~ent than the ones submitted to tne County because they would neve~ have approved them. We went t~ the County and got the site plan from the m~cro film. It is the same site plan as we have and the permit number 1s 82-3048. Michele first told UB we could get an after the fact Administrative Variance for $1.000.00 but because of tbe garden wall attached to the house with ita only entrance from the master bath we need an afeer the fact variance which cOst $4.000.00. She said we have to go before the County Commissioners for this variance. We don't feel tha~ we should be penalizad for so~ething that happened long before we owned this property and we shouldn't have to pay for it. It is obvious that Collier County approved the plans for the house to be built as it is now, permitted it, inspected it. issued an occupancy pe~it and collected taxes every year 50 they ,- know what 1s th~re. The last tiae we talked to Michele she had talked to he~ superv~sor and he said we should go to County Manager's Offiee and ask to get on the agenda for the County Com1ssioners meeting and request a waiver of the fees for the variance for the way the house was built. She also we had to get~bat variance before we can apply for the one we started out reque6ting for the second floor. Once again. we feel we are being penalized. We are requesting that we pay for one variance of $2,000.00 to go from what we presently have to what we want to have. a second floor addition. Our house needs a lot of work now and we want to get started aa soon "-6 possible. Rut.h P. Garee Robert K. Garee Homeowners - - Agenda Ite:) No 6C May 25, 2004 Paoe 4 of 11 . - --- -'--- Lely C.C. Property Owners Association, Inc. P.o. Box-l0997 Napl~ FL 34101 Feb. 1 3.2004 Me And Mrs. Robert K. Garee 234 Palmetto Dunes Circle Napl~ FL. 34 t 13 The Board Of Directors of the Lely Country Club Property Owners Assn. grants a variance for a side setback Qf I Oft. 00 the west boundary of your property at 234 Palmetto Dunes Circle. This is for a planned sewnd story addition which requires a ) 5ft setback.. Don W. Kincaid Vice Presidmt '. Agenda Item No. 6C May 25, 2004 Page 5 of 11 ---"...-...--- - -,_.."_.,, . - Bob and Polly Garee 234 Pal~tto Dunes Circle Nap~e9. FL 34113 774-7892 We want to put a second floor addition on our house which requires a 15 foot set back on the 6ide lots. We currently have 10 foot or less which 1. what is required for a single story house. 50 we need a variance. lfe also want to put . seven foo~ extension 00 tbe fro~c of the garage and a covered area on the lanai. These also re~uire a variance. ~e are checking ~lth our neighbors to see if you bave any comments or objections. 4J2,ffl;;~ilur rlJ~ ~ Against Co~ent8 ;23~(jJ~~ &tUL ~ # ~'/I13 l .ClJk ~ /UY. ~yCi(~. -Io-/k ~L ~ - .nu ~ utlddw.v' CU/.d; . l? . ~ ~ 111~ n ....vn (Yu a4JL. - ~ / (J/t.w ~/,yk~ /~~3 ......-- d It ' ' r'c Agen a (:01 .J!:. II \ May 25, 2004 Page 6 of 11 ._---~ -.--..-. .-.. '-.'- .....~..-. ,- . -- - --...-. -. Bob and Polly Ca~ee 234 Pal~etto nunes Circle Naples. FL 34113 774--7892 w. ~nt to put . aecond floor addition on our house which requires a 15 foot ~et back on the side lots. We currently have 10 foot Or less which is what 18 raquired for a 8ingle story house, so we need a variance. We also want to put 4 seVen foot extension on the trout of the garage and a Covered area on the lanai-These a180 require a variance. We are checking ~ltb our neighbors to 8ee if you h4ve any comments or objoctions. Nallle Address For Against COllUllents C'ft~Y WJh~-c l'l<CP~nD~ Fo~ ~Ptj)'1 1.- J-S)l)~IE-S . t ~ / t Vi '(J.ln (Q.. 0<:< (ftf- .;1.;)."\ fOJ(m<:.*o Fa r - k:>t 01\. t l" tHo ve Vel "'4 it 01'\ J - PI - 'fuN S-\ 1.U muvl(;'-rro 'C\.A~~. ~ .~ (?~ zz- 8- a (AT <//0 UUftJ~f C'::;JJ2.Q . "",,-:l ~~-t?~ ~ tL.L- - i ti~ ~ 2 3"'> .&'~.-... 71<. AJ~ ~ Y ~t# ~~ ~v .~ 331 /OKItt::'f I'.WIfJ, J"I- Pot<. ,..,,~L :r-Ni"LVd ~ Jd ([,.".4r( , e ~ -r;. <j{. ~ 71 f - r-:; y- n~ ~;"'A. 5Z1 --1 ~ O{kY _ J;.r"o ;1M,.~A ~;v~GF fiT7as 3/5' T~t1ksfl;;~ Agenda Item No. 6C I May 25, 2004 Page 7 of 11 - - . . ,- Bob and Polly Garee 234 Falmetto Dune. Clr~le Naples. FL 34113 774-7892- w. want to put . second floor addition on our house which requires a 15 foot set back on the side lots. We currently have 10 foot or less which 13 ~hac 1s required for a single scory house. 80 We need a variance. We also ~ant to put . seven foot extension on the front of the garage and & cove~ed area on the lanai. These also require a variance. We are checking with our netghbors to see if you have any c~nts or objections. Name Add~.88 For Against Comments \" ~ ~ \ z....t'\'...'-Ik~ tl.1..~LJ.A~ ~'.1':': " I c.Ad'4) _too ~ . \0 -to ~ '-L ^---- ~tl ~ '^~ ~ -1lo<->t) 1 6~~~s. ~ ~~I . ~j).~ ///i~ile- LM~'J~Ud~ ..ln~I.,," M ;Ii1 ~ titm-.- Jjjr \A.~A..t:- C~ ~ 3& f iJ tv~ ~ ' -, Agenda Item No. 6C May 25,2004 Page 8 of 11 ,---,-- ,.- ~_.." ..-- _.---,.. - .' Bob and P 1 234 P 1 0 1y Caree a JOetto Du Naples n 34 nes C1n:le . 113 774-7892 We want to 15 foot put a second f1 set back oor add1 1a what is On the side 1 tion On our h 0100 va.. .~.::~r'd for 0 01n8~=O;, V. curro.r1y h.~~~6w~tCh r,.uir.. 0 covered area on t:es~ven foot exten:~ house, 60 we need aoot or less wh1ch ana!. These al n On the front of th variance. We We are ch~cki 80 requt.e a varianc · garage and a object10ns. ng with our ne1ghb e. ora to sse if you b . Ave any comme n~8 or ~ Addr... --'~~i /B1&..'JfP X Again", ",,_.to 'ttt-; G1&/c/k'12'. (!:U . , 11~ ci ~e ~~~ Pud 7zfu~ ~~~ U~ ~ ,,/a~ .~;6 Xv/ "-~ ~1C,,--- ~ c~~~~ ~.d~ ~-' ped} ~( Ff~~ /~k-<e. , ~r1r&G~~ 9rtnV etz~/y71-anv Agenda Item No. 6C I May 25, 2004 . Page 9 of 11 Bob and Polly Garee 234 Palmetto Dunes Circle Naplea I FL 34113 714-7892 We want to put a second floo~ addition on our house which requires a 15 foot eet back on the side lot.. We currently have 10 foot or less whIch is what is required for a single story hou.e~ so we need * variance. We also want to put a seven foot extension on the front of tbe gara&8 and a covered area ontbe lansi. These also requires variance. We are checkiog with our neighbors to see. if you have any comments or objections. Name Address For Against C01lllllentB ~ 6WI>l::>H P:u ?hJ1H~-l~ ~~ j ../ , ;. PJrS (I. JIIr ~Ja ~-3() fd lincJ/o !/ ",y. . -.J v AN S ;'--'." Agenda Item No. 6C May 25, 2004 Page 10 of 11 .-.- .__._--~""----- ~ . . URVEY SKE H OF BOUNDARY SURYJ::Y'</'E' It<( mlU., (]F .Hlt SUI"'" IS FOIl IIfU rllANSHII ll'ot T- NOT FOR FENCE CONSTRUCTION CDP""Q;T C'GIU 'u St'OYPl L1l/I7' NOT FOR CONSTRUCTION NOT FOR DESIGN ST!lf:CT IIDIJNHS' <:'14 !'At HE IIU /)()NU' ClI<Clf: NAPLes. n DRJIJA ,. Nt :s..~. rJlt 3Er t'iD a "-)IT P.MlMllf IG J. ---.. - --- ----. en ~ rr..c I V"lJ< - -- -- ".- '-I - - - - - ~ l!I " . ". lOt II I ~ -\ I..DT I~ ~ ~ LOT IJ ,l, ~II .... ~ I"Q:l Aill{A L'_~ -- , 1 " /.' ........... ,,"'.... " A'i" -:,,;~,.. " ~ ~~.. .:;;,..... ~ t.;. " ... a., .1e'"u' ~ I........ 4J'" '!ll ~ l! ~ EfJo?,.. ~ '="'-"__ .7._, :: ~ Jrv #("~n'Z'r"". Q \; ~ ~ ,..... )"....~ ';'.5" uv ~ ~ .. $D- "",... ---... ~ . - ~r $J'grt VAlU.. IIIC/ nrJL COUll' ~~-... H#LDII ::t I'." .lI(SIII:lC:C ,f~1."'" ","t.- WIN,,- ~ b ~ . ~~~....~ ~ I~ : ~ ~~ l;r.n ~ :. - · · D\crcf~. Jl&.""d.l~w ~ U c.,..... ......... , '" \ a . , _ ,_ "'''''''If ~ ~" ....1llIvI". l'.qoClf) ~tf.2. OiPft.., ."~JIT" _. tl'5l1 I SCA4.C r . 3tr '~C4 ~ , 0-_ lie" ~ ~ K4.~"'"," J(".?V~ 9iI".U" {11ft J "1"''- M"'" .- ---- - -- - - - - -- - - , IC ,....tr .. ._ ._.__.__' _~~!-. If'IfiHf IT .".~ - i I i~ { _ ,_ _ __ =::::=.-=- ,_ ~~_=-_ ~;~ ~ VALU' ""He.. _ _ - -- C' I ..; aJCiC or ""VOCNP' J4,S.tt ~ ."'I#J'-.... (~.' I (f"Hrf"M.WC, .....__ .- --..----...- - -'-P;;;:IIt'ra~SCJ"l\t -U"i/DV - -- - --- r44-"'tI:t1>>"l. "16J' '"' r"D ". ::,,~ ).....,.~ 19~36" O'J Nt] III l.ECAl. DESCRIPTION LaT It!. Ln Y C{AJI{rR' CLUB. I'AtAK:na /)UN(S SCCT/()N;, N::CDRUING TO THf: PLA' 'Hrl?fl/T AS 1/CCORDCD IN PI AT ~ r I IJ(J(]K 1<, PAa 99, (]F I H( PU1JUC I?CCORDS rT Cl1I. I IHl rofNTt, rr iWtlM. . 7 ~ ~ w GbPMIC SCALF CERTIFIED TO ----...- RfJB[PT ,; r;A,'i~L AND W~I< P. GAPCC FLOOD ZONE: lie 7 COtoNUNITY PANEL 120067-D6~ omD DATE!) , 7-<!O-98 (ROOD ZOH€ : 'e'''c. ,-0-. '" -r- -'RE NOT CERT:r'ICA'!'IOII : lOt OESlCNATU) nooo HAZ&RO zOt< AREA,) I t~R;T' 'H"~ nilS SUR--I:l ....S WMJf UNOE.R 101' OlRf.CT\'''' AN(' ~"I II MEETS tHo NINlo4"":" lLCr1I<l',Al ';TAHl',tJlO:' $(1 f~IH 8Y THf: BOARD Of PROf'ESSIOHAl, :T~INlCE "'11M ~~ IJlHO ~-9A~Y(; A~J MAP"fO>S !N r.a.APT[R 61Gl T 8 rlO~O" Af)"""",~mATI\'t 6ICI1-4,OOJI (5) a:l ur LUC"lIl1N ~ CQl)F'. p~ TO ~JI< 4~ ou, 11 01l10" SI"TUTf" (A$0<<:"T101l RIGI1T-(T-Y'" ~ ~(OltD. /:./ -"l' I ' , (", -? 1 crtO<CR TlWt nclSC I>>t ll(COIlD Pl.Ar, IS -r' /.. ',. /1, v' R Iv - J 0- RtllUllt(D, THIS H'llII""t\ON ""SI IlL 6Y '1-'__ _. ~..........~ ---- ---.--. .--- 5U ',(T 1),,1t ------:-- rulNI1I<8 rn I~ SURVE;Y1JII....D pW>P(R, u;uJlD f, p~gMrl. I'Ui ,.Jll59 ClJ}ITOlf . FINSTAD. pt::; 12453 JEFTRY H !UUJC0S8. PLS '04.aa STEPtlEN WACOONALD, PLS '4001 NOT J\ CERl1FICAnQ>l or nU, ZONtN';. [,,5[I.I(Nrs OR fRE[oo.! OJ f.NCVUSRANcrS, .ere, IF" -<l'f'LlCAkC. FVCCS SHl]I.n# ~_DU NOT V...UO WItHOUT S\!~V(TOR''3 SlC:N'n."'( "NO (...eosSfO SF.AL. ON OR orr Lnc:r. (~ L/XArIlJH CH. r' SUflv(~ IS vALlO FOIl ll(l DAYS PV..q: RrFm 10 RFWR5I' :;u'F fOR (,,(Nn~Al HOff,S a: ABEIR{',>,^l1ONS, MlT<. PROPERlY uwNlJ/ SHOULD ai/lAIN VRITnH (tOOD TONE Dirc:RHINAT/()N FRClI'IlOCAL. PCRHJrTING. ptANNlf'IG Al'/D IJUI/ DUr, /yp,t,RTHtNI ~1i'9 Tn tlNt U/NHI?U( rTr/N (>1j,NNtNG AND/OR C()NSTr?lJCnaY. 6561 '''nOR RO.o.o. SUITE 1 REVISIONS F J .. SURVEYS CORP NAPlfS. fLORIOA .J4109 HOuSE 11(5 . ....... . . 1)9-5~8-~9.36 rAX ~96-~9J9 lH-12-04 PROfESSIONAL LANf'l ~UR\IE 'fOW; .1< M...f'r[l{~ La 6:>69 6J28 PRlSlO[NTIAl CT,. SUITE 48 " .._ _ _ _ ~T \.4Y(RS. flORIOA 303907 DRAWN 8'( ..$ 239 - 274--9~18 FAX 274-9~19 A _.._,--'..'----~.---_.,',....._...'_. .._- -- ~ COlliER COUNIY MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 · Fax 239-774-4010 May 19, 2004 Mr. Peter A. Infanti 4100 29th Place SW Naples, FL 34116 Re: Public Petition Request to Discuss Current Code Regulations Regarding the Removal of Hazardous Trees Dear Mr. Infanti: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of May 25, 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 Roor of the W. Harmon Turner Building (Building "F") of the govemment 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. JVMljb cc: David Weigel, County Attorney Joe Schmitt, C.D.&E.S. Administrator ---. (~ Agenda Item No. 60 May 25, 2004 c 0 . r C 0 .. " t .y Page 1 of 4 -- ........,,-,,~ .'"'..,--.... ,....,. ,,"""K;"".'~ . ....- ---- - -_.~ . -- . ~iJ C ,f J':R, i r #:; . '.~. .~-::,.~~~~~ '~'; 'W1~'t I~ --.- - . '. . , Please print MAY 1 t 2004 Name: , - - - - Peter A. Infanti .1.4.-_ - Address: 4100 29th Place SW Naples. FL 34116 Phone: 239-354-3369 Date of the Board Meetinq you wish to speak: 5-25-2004 Please explain in detail the reason you are reauestina to speak (attach additional paqe if necessary): In the back of my home there is an Australian pine tree owned by my neighbor at 2971 41 st Street S W. This tree stands about 60 ft.. high and has large limbs that are hollow and decayed. I fear that this tree or its limbs could fall on my roof or someone in the yard. I called Code Enforcement, and they said that they cannot do anything about it because that house was built before 1990. I believe that this is a potentially hazardous situation that should not be allowed to exist because of a grandfather clause. Please explain in detail the action you are askinq the Commission to take (attach additional paqe if necessary): I recommend that the County 100k at its 1990 rule and make changes. If a tree is a problem. there should no time restriction on what year a home was built. Enclosed is a COPy of a Notice of Violation issued by the City of Naples for a similar situation. Please note that it refers to hazardous trees that are dead, dying or damaged. Also enclosed are pictures of the tree in question. I am also concerned about the potential damage to the domestic water line which is in close proximity to the tree and its roots. My roof, solar panels and rain gutters are loaded with pine needles from this tree. I recently replaced my roof, and do not want to see it damaged. I was informed by Code Enforcement that if the tree falls, it is a civil matter. H:\Public Petition Request Form.doc Agenda Item No. 60 May 25, 2004 Page 2 of 4 -- ... ~ REj::EXVED: -- 51 4/04 7:25AM; ->CLUB BRITTANY; *337; PAGE 2 Way-0.-200. 08:28 F rOll-UN ITED lEAL THGRQUP T-110 P.OO2/00S F-T58 CODE ENFORCE~N'l' NOTICE OF VIOLATION CERTIFIED MAIL RETURN RECEIPT REQUESTED WALTERS, DOUGLAS Re& CBARLOTIE 2175 eRA YTON RD NAPLES, FL 341035071 Re: Code Enforcement Board - Case No. 04-00000929 Violation location: 2175 eRA YTON RD Date violation found: March 17, 2004 Tbe above property has been found in violation of the code(s) listed on the attached. The violation mu5t: be brought into compliance by March 26, 2004. Code Enforcement Officer OIL SHERBURNE Date: March 17, 2004 -r Contact Number. 213-5030 FAILURE TO COMPLY WITH THIS NOTICE MAY RESULT IN THE ISSUANCE OF A NOTICE OF HEARING BEFORE THE CITY'S CODE ENFORCEMENT BOARD, A CITATION, OR A NOTICE TO APPEAR IN COLLIER COUNTY COURT. AFI'ER THE HEARING, THE BOARD MAY IMPOSE A MAXIMUM FINE OF UP TO S250.00 PER INCIDENT (ORD. 86-4986) OR UP TO S500.00 PER DAY FOR REPEAT VIOLATIONS. . ~. . . _ .. . ~, .... .. _ . . '" Agenda Item No. 60. . .' ':~:"'" .....,;:. : ". '.- ..:.....'..:... .-.,;'.;...:::.:"..- ,'".' .'-'.'~ ':~'<::'::. -' ',,-:\. I' ~~~00:1..:'~ . ~:,. '''k'~~e..'"'''~ &,1 r:I"'~. ........".,......-1:1I(.;J;.;.::,i....e~ ~...:.-..!.:.:....:""l. "'i'\.. ....,...... .,.. .)......;..<aq,..:*'".. . ...,.. .~~~.,(.!L~A-~\!~~,,"", ",'. ".~~.. ~,.......~:."'<<'.~...8.. ,. ':/'~. :"'~!d-~d"~~":;'"" : ~":'-':;"'~"'~~i:' .' e~ 'ef..v.:~~ "..: ,., .........:-?'+:. ~.~.. y .;! ':' . ......~~. ~ ~.'- .,.. ........ ~ -..... ..... ,'.::.' -:-: ..""'::.. ..,~.. -;,':..t ,. ... ".~ \.... :::........;'\J.."...:~ .~c ~~ ...~ .;"!. ~.:.' .. .., ... ~:.. (__ .~J . __ ___'-'n . . RE~EIVED: 61 4/04- 7:26AM; ->CLUB BRITTANY; N337; PAGE 3 Yay-04-2004 08:28 FrQI-UHITEO HEAlTHGROUP T-110 P.003/005 F-T58 ~.a"V&~.'lo.""'" ....".",~.'-6-ot__ --.. - --- ....- ,~------------------------------------------------------------ ,IOLATION: 106-255 (A) (22) QUANTITY: 1 ucSCRIPTION: Trees: HazardsCDead, Dying...) DATE: 3/17/04 LOCATION: NARRATIVE : About 6 australian pines o~ about twenty 50 foot high grove have died and present hazard to ehe neighbors property as well as to the power lines. Remove the dead pines. ORDINANCE DESCRIPTION : Sec. 106-255. Residential and commercial property maintenance. All premises shall be maintained in compliance with ehe following standards: (a) Standards for improved property: (22)Trees. Trees shall be maintained or removed as follows: a. Hazardous trees: Dead, dying, damaged or diseased trees are prohibited. A finding by a registered fore~ter or certified arborist employed by the city that a tree is in danger of fall~ng upon an adjacent lot or street due to death. disease or damage. including damage caused by weather conditions, is prima facie evidence of a violation of this section. _. CORRECTIVE ACTION REQUIRED : Remove tree(s) --' - Agenda Item No. 60 y'~;l':1~~.~~-r-:::.':::~~_':'._~W~;w;.r:~7:'P_\';.:~:::n ;i..-::'~{~~:-\~"~~~~~:-)!:';~~'"~f~~~~~~'~~ff)rr'!;"'~Wi. , ,)r.,".. ?,.-:.:,,~,;~._...:;;.......... ::. . .... . ..'-~.. ;.." .1. '.. .....- ~,..,;........ ..... "0 -.., age 0 ".._.._~- __ EXECUTIVE SUMMARY ADA-2004-AR-S363, 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 :t 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. CONSIDERA nONS: ~ 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 cornmon 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 IS-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 IS-foot setbacks, therefore, it is my ~ Agenda Item No. 7 A May 25, 2004 Page 1 of 75 --- ~__'M"__" ,,,,,,,,,.,,,,,,,,,,,,;,;,,,",.,,' >~. """,'" ,~.."" 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 similarity of permitted uses, development standards, and infrastructure, both PUDs should be viewed as a singular zoning district and the subject 15-foot side yard setback from 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 Director and public testimony in light of the Growth Management Plan, the Future Land Use Map, the code or official zoning atlas, whichever is applicable. The BZA shall adopt the Director's interpretation, with or without modification or conditions, or reject the interpretation. The BZA is not authorized to modify or reject the Director's interpretation unless such Board finds that the determination is not supported by substantial competence evidence or that the interpretation is contrary to the Growth Management Plan, Future Land 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 PIan. 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.7 A May 25, 2004 Page 2 of 75 .---- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number 7A Item Summary This item continued from the April 27,2004 BCC Meeting. ADA-2004-AR-5363, D, Wayne Arnold, AICP, of Q, Grady Minor & Associates, PA. 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. Meeting Date 5/2512004 900:00 AM Approved By Michele R. Mosca, AICP Principal Planner. AICP Date Community Development & Environmental Services Zoning & land Development Review 4/29/2004 4:23 PM Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 4/29/20045:31 PM - Approved By Susan Murray, AICP Zoning & land Development Director Date Community Development & Environmental Services Zoning & land Development Review 4/29/2004 4:21 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 4/29/2004 8:24 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 4/29/2004 4:27 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/3/20048:18 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/4/2004 8:33 AM - Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office AgendcP~N~.31Il.M May 25 2004 Page 3 of 75 ..._,------,-- ~._-_._''',.,,',"..'~ , <C " ~ ' . , ,'> - 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 POO. Specifically, you asked whether ~Qth Pun 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 Pun and thereby deemed permitted uses; and, whether a building can be constructed over the common Pun 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 pun 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-l 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 fonnally 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 bf 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~7 Agenda Item No. 7 A c 0 " y c 0 w M t; May 25, 2004 .y Page 4 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 pennits 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 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 faciliti~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 pennitted 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 pain~ 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 requiring 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 lc~tter, 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 pelliO" or group of pellions, which will suffer an advellie effect to an inte~lf~ furthered by the Collier County Growth Management Plan or the Land Developm~~ ~ r an a , 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 8Ppeal must he accompanied by a $500.00 application and processing fee. If payment is in the form of a Ch>_I.. :. ."11 .du r,e made out to the Collier County Board of Commissioners. An appeal can be hand delivered or [.,:tikd \0 my attention at the address provided. -- Plea"e do not hesitate to contact me should you have any further questions on this matter. Sincerely, ~.)'_'-;UVl ~ 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. 7 A May 25, 2004 Page 6 of 75 . .. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers. Land Surveyors . Planners -, Q. GRADY MINOR. P.E. D. WAYNE ARNOLD, A.I.C.P. MARK W. MINOR. P.E. ROBERT MOOS" TI-IINNFS, A.I.C.P. C. DEAN SMITH, P.E. THOMAS J. GARRIS, P .s.M. DA VlD W. SCHMTIT, P.E. STEPHEN V. BURGESS, P.s.M. MICHAEL J. DELATE, P.E. MIrnAEL L HARMON, P .s.M NORMAN J. TREBILCOCI<, A.I.c.P., P.E. ALAN V. ROSEMAN MATTIIEW J. HERMANSON, P.E. February 5, 2004 ADA-2004-AR-5363 PINE RIDGE CENTER PUD PROJECT #19990239 DATE: 219/04 DUE: 2/23/04 Ms. Susan Murray, A.LC.P., Director MICHELE MOSCA Collier COlDlty Department of Zoning and Land Development 2800 North Horseshoe Drive Naples, FL 34104 RE: Appeal of Formal Interpretation: INTP-2003-AR-4888 Pine Ridge Center PUD and Pine Ridge Center West Pun 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 amolDlt 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 Pun boundary of the Pine Ridge Center Pun 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 pun's, and further, both pun's have through their common conceptual master plan, demonstrated that basic infrastructure such as vehicular access and water management are shared for both properties. These master plan features clearly contemplate the common development of both pun's. In the context of the identical Pun docwnents and master 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 C-4 zoning line of the parcels, staffwould, and does commonly permit such building construction over the conunon zoning boundary. With specific reference to these properties, it is the intent of the owner to construct a single office building across the common Pun boundary to support the corporate offices for Kraft Construction. Because of the similarity of permitted uses, development standards, and in:frastruc~ ~~{UD' s should be viewed as a singular zoning district. , V E D . , .. " -- , ' f " (239) 947-1144 . FAX (239) 947-0375. E-Mail: engineering@grad~~~ltem No.7 A 3800 Via Del Rey Bonita Springs, Florida 34134-7569 EB/LB 0005151 pi ~5f ~?~~ F:\JOBIJ<PRDD\WA'SM4020SL.doc: 9 KPROD -- ~,",~..,~._",",,-..._.._,~-"_~ -"-,,_.., --.- ... I I ! Ms. Susan Murray, A.I.C.P., Director Re: Appeal of Fonnal Interpretation:INTP-2003-AR-4888 Pine Ridge Center PUD and Pine Ridge Center West PUD February 5, 2004 Page 2 A site pIan 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 from the 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 respectfully request a meeting with you and other appropriate staff at your earliest opportunity to further discuss this matter. Enclosed, please fmd a copy of the property deeds which demonstrate the common ownership of both properties. Sincerely, 0.Wk,_~ D. Wayne Arnold, AICP DWA:dr Enclosures cc: Fred Pezeshkan Dick Grant Agenda Item No. 7 A May 25, 2084 Page 8 of 75 F:\JOB\KPRDD\WAISM4020SL.doc KPRDD UI't-tB. ? LUU4i;>lU:l~A~I{ANII ~KllJIUN, tl J-\L' ~~~.'~.. ~,~-..... I~V. OHO . . ~/ ~' (jA~T~AN & CRdwN~P'.~~' ., r. r-- I \ " 5551 Ridgewood Drive, SUite 501 3316420 OR: 3468 PG: 1943 I ~ ,4-) Naples, Flonda 34108 RlCORDED in OllICIAL RBCORDS of cottIER COURTY, F1 .-. ./'0 '\: 'lbJlI pocIl1lUlll1l"'l"qgrcll JJr.( and R.aturn to' 12/19/2003 at 02:36PK niIGB1 B. BROCE, CLBiI . pon.u.c1 It:. :El.c:ooc. .:r.r: ~c;o2; ~er tlcd.;C~ ~:l! tr. !l.o.:o:G, 'J1.A. COBS 2625000.00 599 'l:fi.nt:n. S_De. Jltg~ llBC lBB 15.00 s~~ 300 N~BIlI, ... ~4102 Dec-.70 18375.00 Ret1l : hn:e1IPf'l'umDlPT' 00297520002 GRAH' lRIDIIR 11 lL 5551 RIDGHWOllli DR 1501 .- Warranty Deed lULlS rL 34108 This I:Jtde-uUJ.re. !\IW!ctbb lG, ~of December , 2003 A.D., Betffeen 1?e~ Longo, a. ma.:z::z=:1.e 2l1A!1., and. :It:Unba3:~y 'D. :l>Onc:ro, a ma:t::r:i.ad. womaA, lI!!ach as to ~ -.u:Lcl:i. v:l.dad. cn:r..e-haJ.:f: :i.nteX'.s~, t!>~ the Co~ or C'-1.yab.og- . Buuo of Ohoi.o , Erantors, ...." Ji':i.:na ~dg'C :tn'Vest:ors of Ne.pl.Q., LLC, a FJ.or~~ J.~~ l.:i.~il.:l.ty oompa:l1Y wbO$B o.iIdo_ IS' o~ il>e c.._ty g(' , BUlla or ll'.1or:i..d.a. .gr9ntee. Wimcssedl lhat ihe o~~. Wr wd4 ro CGI1>>1door.atia1l 'If.,. - of ___________-------------~ZN D~ ($10)-------~--------------- DO~ aM olhal: good ami vabRabt. cONi4era~- 'ID ~;01t8 in h:l.Ild. JW4 'b)r Q1U\.NTEE, .. %tlOCipt W1UlIOoi' U l18rd>)' l1l:'--lcdlJOd. }.a.. U-tc;d. ~ :md .01410 thI:l "..;.A GlUNT~::md CJR.ANTQ:.'S blrirC. nool!SSOl'S III'l4 OIIiaiJ'l\l ~...... tu tbn~ dad:cdbc<1 WId. Jlitua"'- lylnc iUW 'bcb:al: i.D.1!&c Co\Dd;Y ot' Co]. J. :i.sJ:' Sta~ 01' Jr.1ori.d.a 10 .,ri" s:&::& 1!:XB:IB':t'l! "An A'r'rACJd:D ~o;ro AND ~B A 1?ASt.'1' ~1i" stibjee~ to x..~X'~Q~:i..OBa, %'ea$~at:i..on. and em.~nt. o~ record, ;i.f any, and -caxes aub..qCLQut 'Co 2003. ~Q P%~y heZ'~ cr:m.vay.d DOES NO~ c::c:m.st:i.i:.ut:e the BOHaS~ p2:'Dper1:.y of the GZ'&D1;.c:a: QO=' :1.::1 :l. t eOA1:.:i.9'20~S to t:.b.e BONZS'.I."EAD PXOPCl:rty ,- o:C GZOaA-t:O:ll:'. ~ClI G%'1Lnto:1:l" lIS BOHBS~ ~..s !os 9299 Zag].. :a.:l.dgA P:ll:':i."0"8, CC>1:~eord, OS 4461'1 (l?L) :J.Z:I.c1 803 Meadcwvi.- La:a.q GiaJ.ea ~~J.l5II OB 44040 (J!a)x,) . " 'r'B:I:S :IS VACAN!r ~- .....~, ouu1 01. 15(1ll>IOCI cIo "_by fi\l1)' __t UlD title ID ~ ~ :lAd 'Oorill dotcsullbe .a.m- "~~~M ~O~ ,,^,<>=_o;YO'l". ~o...-Mby.,I>lIl1l"I'-..... - (Ul)-- ?_FLwt>-:l . May 25, 2064 Page 9 of 75 --,-<'. _~'_m' ,-- ...-...."-',,,." " ,,- ~~, I ttl. J. LVV'+u I V: LOfllVru --- \1IU\I~ I, r K I UI\ II~ t I flL' """,,' .. ....~.. ~'A' . , -- .-. . OR: 3~~o o~~: r;~rv~ Warranty Deed -l>ngc 1- . P<lro:d J,ONIl_bM': 002Bi752000:Z .' I , .,., '/~_ hal:ouum ie\ their hlmdl .-1~lS the ~ llDd ..... >:), L ';""" - ~'" ..... l' e: . :' '." .. ". C. ~.: . ". ";,1" 10 -:::. ~ ~ . , , . (ScU) ,~ po;at.x Longo " : .r . ,~. 0 p.O. Ad&=>: 829$ E:~. 'RIdS_ 'Drlve. COIlO:O"d. 01I "'46'7'7 'i' ';' ~~ .':. " . I:' ' : : ,.:.- ~ ......,.... . '''' ;... I,:.', - ,. .~ 6,. ~ ......_.'J ~.:, ...,.... """ · ; Si r-. ..... . ':. ~ .., t I' f l~"'" \ . ' . .....,...(S~) :p~:u..'b8d N_e: li '."" (",-:;.~'l,tJ..~. "'. . -n:..: ~ ="0 { ""'.~~..,.,. ", t . . I ," ~ _ p:l:;i.n..~od N_: { fJ. 1l1~l<DuS " -: Wi.~eaa 'b:I y. ClDgO ,0 . " STATE OF oh:ia .. ro" ? coUNTY OF /., _ ~ ' .. .r '-.... ~ fbno~ hdtrolll_[ wu sckolO....lcde:cd tI- ~ lhb ~ Dc:loembQr'. ,20 ~ ; ."\if",'" l?a~ Longo, a ma:'%":i.ad:m.a.n, '",,,,....,... whDi1J ~laIawalD-maor"'hOb:lapTodQCcd hlao::b::l..ver':I!!I ~:i. F :!on t4iad S~. 'Notary PW:>J.:i.o My coiJnntman ExpiTca; PATRICIA M. LAWLEY. Attorney STATE OF ohio L J\, NOTARY PUBLIC, STATE OF OHIO COlJNrY O~ C V\.l fh'-U 0.. Q.. / ~ My Commission Has No &pIr. Date The CotllgoUac ma.nmimf ""CUI :l~!.edl:W bofo>n) mil dliM c.--- day 01' Pec~.C. SectIon 142.0>>3 by ~'-,.. ,'- Lon"". a """"dad """"""'. ~ _......-...._m=~_............-...,..~. ~ u~~ - P.~n~_d. Name: NCl~ li>ub~.i.e My CommlaaJon &p;n:s: PATRICIA M. LAWLEY, Attorney NOTARY PUBUC, STATE OF OHIO My CommiS6lon Has No Elqlit. Dale ORC. Section 147.Q3 , 1 "'::s07 u-...........""..DlI!t!.y~--~ ~n)'"Msu__F1.wt>4 Agenda Item No. 7A May 25, 20(}4 Page 10 of 75 ~ tl:l. '), lUV4 I U: lOAM IJKANI, ~K11J~JN, tl AL 'I~V. O'j/fo,,'--r. q-~--~~W'__"""'~N .;. f - *** OR: 3468 PG: 1945 ***.' ",- w . EXHIB'I,T I' A II .., -- ~. ~) I< . - ~ The ~ onl>-haJf(E ~} ~fthe"\Vest One~ha1f cW ~) of the Northeast one..~ -(NE y.f~thl: ~ Nortbwcst one-q\18rtO: (NW ~) of Set-tion 18, Towmhip 49 SoUth, Range 26 But, eo.u= County, F1and&, IIlDtC particularly dOSChocd 1I8 follows: ' i '. t , "\,. 'fhstp,orl1on otthc Elrsthalfcftbe West ~lf ofths ~~.tJftlio NorihweBtQUll1tl:%of "' . ~ Section 18, 'ToWllshlp 49 SOllth, Range ~ East Collier county, Florida, 1)d.ng. .south of Pine . '.~' '.~, . Ridie Road a.R. No. 896. bein'g mOle parocu1m-ly deserI'bed as fonows: CcmIm::nu at the Northwest comer of SecUon 18, T~p 49 South. Range 2(i East, Collier , County, Flcrlda&.the.nce run Nanh 890 33' 39" East alcmg tb.: North line of said. Section ] & for a dimmc~ of 1,608.34 feet to tho North~ comer of' !be Eas\ half of the West hlllf' of the Nartbea!t quarter of the Nmthweat quam::r of add Section 18: thence J'UD South 00. 21' 48" East' along 'the Wesfline of the Ean half of 1lJe West 'half of tlLc Ncrthcast quarter ot the Northwest q1Wta' ofBiid Section 18 for It distance of 139.47 feet to the Southerly rlgbtwof-'Vay 1in~ ofStatc . Road No. g..S9lf (Pin!: lUdge Road). a 150.00 foot rigbt-of.way, aJ the same is shown on ilorlda Department ot'Transportation Right-ofway Map for Btste RQad No. 8.896, SeaionmS04-2603, Collier County, Shoets 5 and 6 of J3. and the POlNT OF BEGINNING of the p8It'A1 orland . hermn desm:ibed; thbnce oontin\R South 00. 21' 48" iast along th8 West lme of the Eat half of 1M Westhalfof1hc Northeast quartet oftbeNorthwe&t qOl'l1.erofsaid Section 1& for II dlstanoc . oq,] ~O. ~7. f~t~.th~_S~ c~ ~ftho:Bast ~~f~~...'Yt'.l?~~_<?f~ ~~11:'!,~... of1hB Northwc~quarlcr nfsaid Scction 18; thcnr::c r\ln North 89- 34' 37' Eist al-ouathe SDuth line: of the East b!Il1 (If tho Wm half of tht Northeast qUarter' ,of the Northwe1R qumtcr of ssid . SGCtion 18 for a distance of'324.14 feet to 1he Soutbeut comer of The Bast bsJf of tho WeJt lmf ,It. t- of the Northeast qUIUtCr of the Nmthwest qUBrter of said Sec1icm lBi thence ron Noith 000 23. II" WM dong d1D Em lin., of tho East half of the West half of the NoK\leQt ~ of tha - No:rthweat quarter of said Stttion 18 forJl distance af 1,170.39 feet to Il point on a t:iicWar cwve , ':. '" -'. t:onosva to the 'N~ "whose radius poinfbcazs North OOQ 11' 04.7" Weal a di~ Gf 5,804.58'. I feet t1'wefmm, said wml beh:lg t1m Southerly rlght--of.way line of the; ~l'!fttinN!l\ Sua Road No. s..896; 1hcncc run Wcmerly along sasd cUJV~ tot he righ~ the 8B.Jnc being thr: Southerly righvof-way line of State Road No. S-896J baYing B radi1l9 of 5,804.5' feet, ~ ~ ~ angla of 03. 11' 4~.5" for an arc distarJce of 323 .87 feet to the POINT Of BeGINNING, ," ~ LESS AND EXCEPT: . . , , -", ..I A pa:rcc:1 oflaud 1yiug fa SllCtion 18, To1lYl1Ship4't Soadt, Range 2:& East, CoJ1ler.Cdrmtt. 'Plorida . , and bci:nS more psrticu1mly dc8cribe4 Il8 follows: .' , ". " Commt\IJCiag at the Northwest corner of said Section 18; thence North 89 cJesreea 34 iuhDnel36 . seconds Bast along the nonh line of said Section 18, e. distan"", of 1612.20 feet; tbenca Somb 0 I degRCl 24 xnirndos 34 seconds East, a diJUlnce of 139.59 feet 10 the POINT ~ BBGINNlNG; mUd Polm a1Bo lying on thv South righ1o-ot~way 1iaD of"Piue Ridge R.oad (c.R. 896) &md ~ 'the bogirmlu& off. non-tIlDIcmtcurve, toDC&VO to tho North, having ~ radbu ofS904.51 f=t. a temral ang1~ Df 3 degrees 11 tnin'UU!. 08 scconda, and a r:hord of 322.158 feet 'bcadq South 88 degmat 35 minutes O~ IICll:'.OXUh East; "thence East alang sllid ourvo. a diltance of 322. 7.3 feet; thc::occ: South o dcgrC" 26lIJim.rtes 17 sBCODdl But, a dbtau.~" of 3$,00 fed to .the point of CUM1\JI1: of a ncn. tangent curve. concave to the North, having a radius 01'5839.58 feet, a central ang~ of! dogrees ]0 minUIe5 00 seconds, imd a cJlord of 322.70 fHt bearing North S8 deplOl.35 nWoGe8 43 seconds West; thence West along said curve, 11 distance of 322,14 feet; thence Nri 0 degrees 24 minutes ~6 seconds West, a distance 005,06 f6Btto the POINT-Ol' BEGINNING. 01 -- . . Agenda Item No. 7 A May 25, 2064 Page 11 of 75 " ,..~-".. .. '._......"".__._----'<....~-_..",-- ""~'" ..,-. rtl5. ~. LUUq IU:LbAIVl \:JKMI, r K ! lJ 1\ 1 N, t I fI L NU. 0':l't0 r. , ~RANT FRIDKIN. r.\.,~H:;'UI'l. 3316421 OR: 3468 PG: 1946 ~ ATHAN & CRC'i.;~\l. P.A. . 5551 Ridgewood Pll\'l Suite 501 RBCORDBD 1n OPlICIAL RlCORD! of COLH!i COlJK'lY, PL ;o~ Naples, Flonda 341 08 12/19/2003 at 02:3GPK niIGH! I. BROCK, CLBRI \") , CONS 2625000.00 RlCPIB 15.00 ~ ~f"\. This Instrument Prepared By: DOC-.10 19J75.00 \ John Paulich m, Esq. Retn: ~IJ; Paulich Slack & Wolff, P.A. GRAN! fJUllUI BT AI. 801 Anchor Rode Drive, Suite 203 5551 RIDGBIOOQ D1 'SOl ., HAPLiS PL 34108 ~ Naples, FL. 34103 Parcel LD. Nwnber(s): 00287400009 .?'''#.. TIDS WARRANTY DEED made the I - day of December, 2003, by ANTHONY F. JANCIGAR, individually, and as Trustee of that certain unrecorded Trust Agreement 88429.1~ 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, FI.. 34104 hereinafter called the Grantee, WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells. aliens, remises. releases, conveys and confmns unto the Grantee, all that certain land situate in Collier County, Florida, viz: See PARCEL 1 of Exhibit "A" attached hereto GRANTOR WARRANTS Tms IS NOT HOMESTEAD PROPERTY OR CONTIGUOUS THERETO. TmS 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 Grantor hereby covenants with said Grantee that rhe Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the Agenda Item No.7 A May 25,2064 Page 12 of 75 ~ t~, ? LUU4 1U:LoAM tjKAN I. ~ Kill" 1 N, t I AL NV. tl'14tl r. tl . OR: 3468 PG: 1947 - 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 the subdivision. In Witness Whereof, the said Grantor has signed and sealed th~se presen~s the day and year ~ first above written. Signed. sealed & delivered in our presence: ~ ~ .J!L_t;; " w: ess #1 Signature tr/Ze'l ".uSh) S/L~G:1''77U1 Witn #1 Printed N arne. ~~ w~s Sma}t? /'iO " AC ( /.-1-/14 Witness #2 Printed Name - STATE OF FLORIDA COUNTY OF COUlER The foregoing instrument was acknowledged before me 9<r' lAy of December. 2003, by Anthony F. Jancigar, individually, and as Trustee, w is personally known to me or ( ) produced driver's license as identification. ~~ Notary Public My Commission Expires: ~~ NAM;Y K.MM: UlUAN W MY COUUISSla4.CC989tt1 . . EXPIRES: M1b/IlIIy 5. 2C05 IlolIded '"'" NIIIIlY I'UlIIt lII!da........ ,..- Agenda Item No. 7 A May 25, 20G4 Page 13 of 75 ~,_,~--_,_----'"~"~'-"-~'--' rt~, J. iUV4 IU:iOAM \iI<ANI, t-l<lUl\lN, tl AL NV. tl'J4b t'. I ~ *** OR: 3468 PG: 1948 *** I " EXH1Bl1:: lJ A~ . ,ABCEL 1: West K of West ~ ofNortheasl y. ofN~Weslll. of SectioD 11, ToWDShip 49 S, Range 26 Ii. .c()}ller Col2D.ty, Florida. "\ '. . - LESS AND EXCEPT: - ... A pEIrCe! ofIand lying in Seetion I a, Township 49 South, Range 26 East, Collier CoU2Jt)'> Florida and behsg rnole ~culady descnDed as fc![ow.s~ COmDlCJlU at the Nonhwcst Comer ofsaid Sctticm 111 thalce run N 89"34' 3ee B 1289.16 feet; thence S 000 22" 55" B 111.47 feet 10 me POINl OF BEGINNING of the parcel ofllmCl s: ,. "fI h~ described, I18id point &160 being CD h South llisbt of Way Unc DfPb B.idp Road (CR 896); theaCl S 141 20' 44" B 5S70 feet 'to B point of~ ~ 'ai~ t C'~ to the left baving usdias ufS804.58 feet, a cen1Dl angl~ of20 38' 45JS, PI m lcugtb o~2.6~05 &et and 8. . chord whfcl1 bem S 85D 40' 031' E to a point on B 11000.tangent1alline; 1hance S ooD 24' 36" E 3SJ)6 feet 10 a poSn1 on au nOll-umgential ~ thence B1oD81 curvc: 1D ~ right haviq I radius or S839,58 feet, B central angle: of 20 39' 59", BIl m.length ot271.16 feet ad a-chonJ wbic::b bees N 850 40' 43" W to a point on il tangential J~j tbeDce N ocr 22' 55" W 35.46 fed: to the POINT OF BEOlNNlNG. contAitdng 11,331 Iquam feet, DUP or less. ..... . Agenda Item No. 7 A May 25, 2034 Page 14 of 75 - COLLffiR COUNTY GOVERNMENT Community Development and Environmental Services Division Planning Services Department. 2800 North Horseshoe Drive. Naples, Florida 34104 o- 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-l 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 materialsfonnally 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-residen.tial buildings" is a permitted use as of right in development Area B in each PUD. ,,- l~j. Agenda Item No. 7 A c 0 .. T C 0 ... 11 ~ Y May 25, 2084 Page 15 of 75 Phone (239) 403-2400 Fax (239) 643-6968 www.coJliergov.net -'-'~'~"""~--"""'-"~'''''~-'~'''- _"'._..o._.__..."~.",_~__."__.,+,,.. .,_~ 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, fmancial, 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. InteIl'retation 4: Development standards are provided in Section 3.4. of each PUD ordinance. Specifically, side yards external to the PUD require a IS-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 IS-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 an interest, protected or furthered by the Collier County Growth Management PIan or the Land Developm~~'lt~stf\:>r an May 25, 2064 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 indude 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. 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 maikJ to my attention at the address provided. PI ease 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. 7 A May 25, 2084 Page 17 of 75 -'~_"M;'"',"'_'<___'.___". ......- _____v"~,,_.. ''" , '___"'_><'~_______'~"_""~W -~--- ~ - . ~ ." . , . . . ORDINANCE 2001-~ ~ " . . AMENDING ORDINANCE , AN ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND ~.' :. ~, DEVELOPMENT CODE, WHICH INCLUDES THE " , .- , . .) COMPREHENSIVE ZONING REGULA nONS FOR d . , ) THE UNINCORPORATED AREA OF COLLIER - COUNTY, FLORIDA, BY AMENDING THE .~~~.' . \ . ;..\ 'v,''\ OFFICIAL ZONING A TI..AS MAP NUMBERED 96 I 8N >' BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "POO" PLANNED UNIT 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 WIUPPOORWILL 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 property. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The Zoning Classification of the herein described real property located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, is changed from npuo" to "PUD" Planned Unit Development in accordance with the POO Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 9618N, as described in Ordinance 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 POO, adopted on April 28, 1998 by the Board of County Commissioners ofeollier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Depanment of State. -- - -~---------- i;(TP~3-AR-4888 ~j1jO.7A PRO Y 25 2004 DATE: iOn ~~ of 75 -1- MICHELE M -, ~-- -" ~ .. .. - . ........ 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'I INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 DATE FILED July 24.2000 DATE REVISED February 12. 2001 DATE REVIEWED BY CCPC February 1. 2001 DATE APPROVED BY BeC February 27. 2001 ORDINANCE NUMBER 2001-08 ~'-",. Agenda Item No. 7 A EXHIBIT "A" May 25, 2004 Page 19 of 75 I , ,."--,._---,>"._~~~ "'..-.., -" ." -'--.~~ .. .._,~..".~ _.H._.___ \ . . T ABLE OF CONTENTS PAGE TABLE OF CONTENTS I LIST OF EXHIBITS II STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5 SECTION III COMMERCIAL AREAS PLAN 7 SECTION IV DEVELOPMENT COMMITMENTS 12 i Agenda Item No. 7 A May 25, 2004 Page 20 of 75 '. ....-.. LIST OF EXHIBITS EXHIBIT A PUD MASTER PLANIWATER MANAGEMENT PLAN EXHIBIT B BOUNDARY SURVEY EXHIBIT C COMPOSITE MASTER PLAN EXHIBIT D PERMITTED BUILDING DESIGN EXHIBIT E PERMITTED BUILDING DESIGN EXHIBIT F PERMITTED BUILDING DESIGN - - ii Agenda Item No. 7 A May 25, 2004 Page 21 of 75 ^. ,-"~~ ---.--., , , ST A TEMENT 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: 1. 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 Bement. The Future Land Use Element permits commercial land uses in this area. 2. 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. 3. 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. 4. 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. 6. The Project shall be in compliance with all applicable County regulations including the Gro~ Management Plan. 7. 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. 1 Agenda Item No. 7 A May 25, 2004 Page 22 of 75 . - SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 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. 1.2 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. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Peter Longo and Mark Longo "-" c/o Ohio Sealants, Inc. 7405 Production Drive Mentor, Ohio 44060 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. 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. 1.5 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-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. 7 A May 25, 2004 Page 23 of 75 _...____..__....,.~___'_.~.M.~~_......_.._.._. 'm__ ,...~..._,..,.,~_. _..__._-,~" . . 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 Pane1#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 accDrding to FLUCCS. The approximate southern half is pine/palmetto upland and is classified as Pine Flatwoods according to FLUCCS. 1.6 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. 1.7 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 I 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 folJoYJS: 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. 7 A May 25, 2004 Page 24 of 75 . 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. 1.8 SHORT TITLE This Ordinance shall be known and cited as the "Pine Ridge Center Planned Unit Development Ordinance." - - 4 Agenda Item No. 7 A May 25, 2004 Page 25 of 75 , -....--. ^"-...-- ,-------.- ----"'_."._~-_...._-".-.- "." ,-~---^ '."~. - SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 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. 2.2 GENERAL A 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. B. 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. C. 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 m~y be developed. D. 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. E. 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. 7 A May 25, 2004 Page 26 of 75 ---~---- ---.- - - . - 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A," PUD Master Plan. S. 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. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A 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. B. 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. c. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing ~erpetual maintenance of common facilities. 2.5 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. 7 A May 25, 2004 Page 27 of 75 -'-'~'-'-~.--.""'~"~-""'.'- -----'._<.~.. -",,-... ....._---,-~~_._.. - - SECTION III COMMERCIAL AREAS PLAN 3.1 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 itA," PUD Master Plan. 3.2 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. 3.3 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: 1. All Permitted Principal Uses for Area "e" as described within this PUD Document. 2. Building Construction - General Contractors (groups 1521 - 1542). 3. Building Materials, Hardware and Garden Supplies (group 5211 but only kitchen cabinets, doors, garage doors, windows, wood flooring, insulation material, and fencing, 5231 -5261). 4. 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 May 25, 2004 Page 28 of 75 . . ~-"'" . 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). 5. Miscellaneous Repair (groups 7622 - 7641, 7699 but only bicycle repair, camera repair, lawnmower repair, locksmiths, medical/dental instrument repair, musical instrument repair. piano repair, sawlknife sharpening service, and custom picture framing). 6. Any other commercial use or professional service use which is comparable in nature with the foregoing uses. I C. Area "C" Permitted Principal Uses and Structures: I I 1- 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). 5. Food Stores (groups 5411 groceries and supermarkets only, 5421 I - 5499). I 6. General Merchandise Stores (groups 5311 - 5399). 7. Health Services (groups 8011 - 8099). a. 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. 7 A May 25, 2004 Page 29 of 75 I - .-..--- -- ._._...."~-.-----.._.-----~ 11. Legal Services (group 8111). 12. 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)}. 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 784 1). 19. Any other commercial use or professional service use which is comparable in nature with the foregoing uses. D. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within this PUD document. 2. Drinking Places (group 5813, only in conjunction with Eating Places) 3. Exterior speakers for drive-through facilities are permitted but exterior loud speakers and public address systems are prohibited. 3.4 DEVELOPMENT STANDARDS A Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: I 9 I Agenda Item NO.7 A I May 25, 2004 i Page 30 of 75 ! . ,- Seventy-five (75) feet. C. Minimum Yards: (1) Principal structures: (a) Front Yards - Twenty-five (25) feel (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. D. Minimum Floor Area: - Seven hundred (700) square feet for the principal structure on the first habitable floor. E. Maximum Heiaht: Three (3) stories or forty (40) feet, whichever is more restrictive. F. Off-Street Parkina and Loadina Reauirements: (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. G. Landscapina and Bufferina Reauirements: - 10 Agenda Item No. 7 A May 25, 2004 Page 31 of 75 - ' '-'>",_.~-~-._""--~--' .. ~ ~. ---.- ---~_.------..._. . As required by Division 2.4 of the Land Development Code in effect at the time of building permit application. H. SiQns: Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code. I. Distance Between Principal Structures: Ten (10) feet. J. 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. K. Liahtina: 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. L. Architectural Buildina Desian: (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 "0" to "P'. (2) AU 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. 7 A May 25, 2004 Page 32 of 75 . -- SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the regulations for the development of this Project. 4.2 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 -- Pian 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. 4.3 PUD MASTER PLAN A. Exhibit lIA,H 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. B. 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. 7 A May 25, 2004 Page 33 of 75 --...-'" ..----......- ~- . . ; 4.4 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. A. 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. MonitorinQ ReDort: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 ENGINEERING A. 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. B. It the property is subdivided into two (2) or more parcels, a plat shall be required. C. A shared access agreement shall be recorded prior to final construction plan approval. D. Work within the Collier County right-ot-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. 4.6 WATER MANAGEMENT 'A. A shared water management agreement shall be recorded prior to final construction plan approval. B. 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. I I 4.7 UTILITIES A. 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. 7 A May 25, 2004 Page 34 of 75 r - calculations can show that a minimum of 750 GPM is available to serve the commercial activities on the furthest part of the property. B. 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. C. 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. 4.8 TRAFFIC I A 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. B. 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. C. 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. D. An eastbound right turn lane serving the access roadway shall be provided prior to the issuance of any Certificate of Occupancy for the development. E. 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 I Agenda Item No.7 A I May 25, 2004 Page 35 of 75 ~'-~--~-~-~'."~"'~ ' -,_.,~._,--,~~^,.. " -"'.~~._-- , '. existing rights-of-way. Such dedication shall be considered site related and there shall be no road impact fee credit due the Developer. F. The County reserves the right to acquire right-ot-way for the Pine Ridge Road six-lane project at a fixed cost tor 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 applicanfs 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. G. Site specific road improvements required for this project, shall be in place prior to the issuance of any Certificates of Occupancy for development. H. 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. I. All required improvements, excluding right-ot-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. 4.9 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. B. 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.7 A May 25, 2004 Page 36 of 75 : . - -.- 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. 4.10 ENVIRONMENTAL A. 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. B. 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. C. 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. 7 A May 25, 2004 Page 37 of 75 ~~-~~",~""-,-~-",-",,,-"---"-- ",-. . . , [i. n i ~ri i ~~ [Ui~9.i i' pIli i ~r . f..i; !l. b .Jli i I ~-;;;ni "fr co () -4 [ .. iJ"~. 0 l>> M!U I 0 !r~tS& l2 .. li~r Et~ r !!. o' .I: "~ ,!oi ::s l~lf Faa p. ~fr s:: ,! Uj ~lha~ l>> ~1 ~ "C I l~ --.. ~ rrr r- I .. -...... . ... ,.. r a , !. ~ + T [' .... . I . . ~ '" ! - ~. ~ I ~ f / ,. ." ii ;; II . ~ :II '=~... .. 0;: tn- q .. _II: . ~ < II I (') ~ = . 0.. ;- II . ~ 1". m .. i .. ...Ii... .. --~ ~ilf I ~lfl ; il~r I t .. ~Jfl! ,Ji~i 'if~ ." d~~ iff{; t U c: c ~r[' ~'"f: ~ n." = f -. F -~. ~<J . ~.. Ii'r ~1 I;' ';.:" ] . J ,,&- .. .. J : ~ II r! to? 1 >< tt' ~i!lf~1 2: .... hl&i.~ >" ~1 iN. ===:~~~~~~~~~~~~~-;? 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FLOIIIDk THENCE II'-'f N 10' U' 39' E ALONG nE iJ' HOATH lIE OF HE NORTHWEST 114 OF SAD SECTION II tXl . ~0Il A OI$TANCE Of 1601~'' FEET TO 'hE NORTHWEST = .- CORtER OF TIE EAST 112 OF TIE WEn 112 OF 'hE HOIlTIEAST V.. OF TIE NORTHWEST 114 OF SAD SECTION Ia: TIEHCE II\Jtl S 00' 2r .... E ALOftG TIE wElT ltE OF THE EAST 112 OF THF WEST 112 OF THE NOlITIEA'T V4 OF HE _THwEn 114 OF SAD SECTION II, FOR A CIfS T AHCE OF 139.47 FEET TO A ,000T ON TIE SOUTIEIIL Y ,:>- ", IIIGHT OF .AY LIE M' ..... IIIDG& ROAG IS.... '961. A M FOOT IIIClHT M' .AY AS SHOWN ON TIE R.OIllDA oe'MT -rENT M' TRAHSI'OllTATIOH IllaHT M' WAY""" FOR STATE 1I0AD S'lot. SECTION 03504-2603. CllI..LIEll COUNTY. SHEETS S MIl 6 OF 13. NCI THE 'O"T OF 8E~ OF TIE , Allca M' L MIl HEIlEIN l:tsc:lIlIEO: TtEHClE CONTH.JE , 00' 21" 4" E FOR A OIS AHCE OF 11I0.77 FEET : TIIENCE _ N '9' 34" 31' E FOil A OISTIIHCE OF 324.14 FEF.T: TtEHCl! 11'-"1 " 00' 23' r W FOR A OISTNlCE M' (-\ 170.39 FEET TO A ,000T ON A CIlClA.AII CUllVE. CONCAVE ,,~ ~ TO THE NORTH. WHOSE ItAOUS 'O"T IEMI " 00' .. OS' E A MT AHCE OF 5104.51 FEET THEIlEFllOf1. SAD C"-I/E IEING HE 'OUTtEN. Y ItlGftT OF WAY lINE M' PINE N ... ~.,. .17. I (.. RIOOE ilOIlO ...... 1961: TIENCE IlUN Wl!nERl Y ALOHG TIE ~Z"J'" (DJ '.. AIIC OF SAD CUIlI/E. IElNG TIE SOUTIERLY ItIGttT M' WAY N .r '5' '0- I ~Z4_Z7' (, J .... LIE OF I'INE IIIOGE ROAD. H""HG " MOIJS Of' SlIOo4.5lI FEn. 'THIIOUGH A CEHTRAL #oHClLE OF 03' .. 41', AHJ SUBTEIClED IY A CHOflD DISTANCE OF 323.13 Fl!U. AT A BEARHJ OF N I.' lS' 10' W FOR IIH MC DISTANCE OF 323.13 'En TO THE I'OIMT M' IEClHIHG. ICOHl AN'IG 1.13 ACRES. HOllE OR LESSI I SKETCH, 170".. DATIC O'/O:f/rt BOUNDARY SURVEY LEGAl.. OESCRPTION LEGEND PREPARED FOR ,:-~- ::~~ · ,..,.."r., '"..."". '{l." r.... - =r!i1.. i1::o __r Jj,J," ru _1/4 6aT.... ...,,.. ..,... , e...... .. -, . ...,. cw.u.. _"",, ,..... ~.~...- o-~''''"-_....<-''' ....:=:~ -~.,... II"~ ,."..., ..... "Ie, ..... 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""0 ""0 ~ . s _. -, ~ ::;) ::3 ~ ('l) ('l) ~ :::0 ;::0 _. _. 0.- 0.- n... n." OQ OQ 33 i3 -"<II ('l) ('l) -1 H I_ 1>1 (J n u. " Q : - ('l) ('l) I: ::;) ::3 ....-+ ....-+ ('l) ('l) ...., ...., t"l ~ X =:r ('l) 0: en ;:;: ~ . (") . II - - :~~~~~~~~~~:~l~~~~:~~~~; - Agenda Item No. 7 A May 25, 2004 Page 40 of 75 t I ; I .. I ,~ . . ~..... ~l~~; ~. ~: r..; " ,.oe." I~ ;.... J>;;:i"';''';' .. '-. ..... :;::- i.,.~" ~. , , .~ :::\ F~] [--=4 1:-:-, .. ~..,J ~y~ '- '-~ "', <l-'" ~:,'.l."";'L"-, ~.\ l..', ,~. -s-' --~~. "1 1/ 'r ~ - .':... .- -"'I';"" - . ""'''. . .\ J '''.' I. I. 'le.1 ~.'..J . ';_. ~:.,~~., '--1' =' - ;". < ~ ,. ...~.~~':.~..~-,,-,,:i::~:~" '" . - . . . . . . . ; . EXHIBIT E PERMITTED BUILDING DESIGN , ',." ):: -.<: ; ~-:~:,<:,~.,-)/r':~\ ,. -k."" .~ , '" 7A , 04 Page 42 of 75 I ; . . I . . ~ ~- ~,.. -. . '.' ~..... . .- "l' 'I'i . \ : "y,.,:1)"r."I;I, ~ \ ~.~. ' '{:~ }~~ '}Iyi !..:..~i:~~" . ~ l~ .I: ~ ',. ,'./, ; ., .,', / . .'-. ~ , ,- , , ." .- ", 'II., 'f J , .?t: t". .~ .., "'"J~ -.. ~"."""''''' , '," "-i i j ('d~i'~~ , t ,:,,:~ _I~ t'- : ~'! , l' ,.;,-. i .~: , },...;-.'j i [: . ~ ...........~."..r .01 l: ..... -, ':.~. , ~...~" ._~. .\ " -..- ., ! i <", .. .....__._.__:_.~ ,; ~"":;;J> ..~-- '.:~W 1\ '\' - \'~~ / .~. ...>Io,.---.,.q-',:, , ~ ...-~~ ~:~~.w.... ~ . ~'- ,..- .. - - - _.--~ ---- .. ~. ...- - ..,. ,- --- . ::-.---...-----. '- -- ^ -- "' ~ --- " -, -~--- .' ' ) .. ': ~ . " I"~ h.--- - \ .' ~ - '" " \ . \ . , . . . . . . . . . . . . 1 . . , , , . . . ., , PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida. thisJ1;tJ., dayof ~~ .2001. ,-." .+ '. .' " .....AT1'EsT: " BOARD OF COUNTY COMMISSIONERS / ,bWJGHT'E...BR~K, Cleric COLLIER COUNTY, FLORIDA t ' , '1 i'.;'.r1i,yj !': ~; , BY~AM~~RMAN "-'-~~'?J;;'1~;:jl~/--I ,({J.r! At~5t.~J-to-Ch.fnaaa" st~lt&Ir.. OI)I~ Approved as to Form and Legal Sufficiency This ordinance filed with the Secretary of State's Office the ~ . /Jt;-{ '" L-uf ~ day of ~ z.e>>/ and acknowledgement of that filing received this ~ day MaJj . M. Student of ~ c.c.c.c... ~. 0ttI / ~ Assislant County Allomey By ~"A.'7~~~ '_ / DiIpwty c O:ladmitolPUD-a6-22(2)1RB1( w Agenda Item No. 7 A May 25; 2004 Page 44 of 75 -2 - L - - - , - _. ORDINANCE 2001-~ . .... AN ORDINANCE AMENDING ORDINANCE .- .' NUMBER 91-102, mE COLLIER COUNTY LAND \ , DEVELOPMENT CODE, WHICH INCLUDES THE '. ., - COMPREHENSIVE ZONING REGULATIONS FOR -.-J THE UNINCORPORATED AREA OF COLLIER " -. ~ COUNTY, FLORIDA, BY AMENDING THE ., ., OFFICIAL ZONING ATLAS MAP NUMBERED 96 1 8N \_~':\-;"\ BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUO" PLANNED UNIT DEVELOPMENT KNOWN AS PINE RIDGE CENTER WEST PUD, FOR PROPERTY LOCATED ON THE soum SIDE OF PINE RIDGE ROAD (C.R. 896) APPROXIMA TEL Y 660 FEET WEST OF WHlPPOOR WILL LANE, IN SECfION 18, TOWNSHIP 49 soum, RANGE 26 EAST, COLLIER COUNTY, FLORlDA; BY PROVIDING FOR mE REPEAL OF ORDINANCE NUMBER 98-32 AND BY PROVIDING FOR AN EFFECfIVE DATE. WHEREAS, William L. Hoover, of Hoover Planning & Development, IDe, representing - Anthony F. Jancigar, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMlSSIONERS OF COLLIER COUNTY, FLORIDA, Ihat: - SECTION ONE: The Zoning Classification ofthe herein described real property located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUO" 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, as described 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 POO, adopted on April 28, 1998 by the Board of County Commissioners of Callier County, is hereby repealed in its entirety. SECTION TIIREE: This Ordinance shall become effective upon filing with the Department of State. --- Agenda Item No. 7 A May 25, 2004 Page 45 of 75 -1- ----,-.......,.....-,..., "."-..~ ~-" "--_._--,'-~'--- ,~,_,",~,,"_,_.__w......_"___~"_M -. . 1 -" "- ~._-- . 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 July 24. 2000 DATE REVISED February 12. 2001 DATE REVIEWED BY CCPC February 1. 2001 DATE APPROVED BY BCC ORDINANCE NUMBER Agenda Item No. 7 A EXHIBIT "A" May 25, 2004 Page 46 of 75 - . , ,. -.,. TABLE OF CONTENTS . PAGE TABLE OF CONTENTS i LIST OF EXHIBITS II STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2 SECTION \I PROJECT DEVELOPMENT REQUIREMENTS 5 SECTION 11\ COMMERCIAL AREAS PLAN 7 SECTION N DEVELOPMENT COMMITMENTS 12 - - --, i Agenda Item No. 7 A May 25, 2004 Page 47 of 75 -- --- ---'---",--^ """-,'-'-' . . LIST OF EXHIBITS . EXHIBIT A PUD MASTER PLANIWATER MANAGEMENT PLAN EXHIBIT B BOUNDARY SURVEY EXHIBIT C COMPOSITE MASTER PLAN EXHIBIT D PERMITTED BUILDING DESIGN EXHIBIT E PERMITTED BUILDING DESIGN EXHIBIT F PERMITTED BUILDING DESIGN - ji Agenda Item No.7 A May 25, 2004 Page 48 of 75 ;.: .- ST A TEMENT 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: 1. 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. 2. 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. ~--- 3, 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. 4. 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. 6. The Project shall be in compliance with all applicable County regulations including the Growth Management Plan. 7, 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. - 1 Agenda Item No. 7 A May 25, 2004 Page 49 of 75 ,~".,,_,w., _ _.."-",,."~,_.+,--,^.- SECTION I . PROPERTY OWNERSHIP AND DESCRIPTION 1,1 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. 1.2 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. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Anthony F. Jancigar, Trustee 7622 Pebble Creek Circle #204 Naples, Florida 34108 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. - 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. 1.5 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-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. 7 A May 25, 2004 Page 50 of 75 . . ," -- 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. 1.6 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. 1.7 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 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 -- 3 Agenda Item No. 7 A May 25, 2004 Page 51 of 75 ,. -,,--~ ~ ,,-.- ... ,.,.,------ . . individual property in a manner of its choosing subject to the limitations prescribed herein as conditions of this PUD approval by Collier County. 1.8 SHORT TITLE This Ordinance shall be known and cited as the "Pine Ridge Center West Planned Unit Development Ordinance." 4 Agenda Item No.7 A May 25, 2004 Page 52 of 75 . . SECTION II . PROJECT DEVELOPMENT REQUIREMENTS 2.1 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. 2,2 GENERAL A. 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. - B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code i~ effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented 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. D, 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. . E. 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. 7 A May 25, 2004 Page 53 of 75 '"_'4.",___".__" ~. --,--_...~.~-,- ---~,.,._.. . - 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A," PUD Master Plan. B. 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 andlor vacated within or along the property as may be necessary. , , 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS I I A. 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. B. 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. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. . 2.5 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 May 25, 2004 Page 54 of 75 . . , -< SECTION III . COMMERCIAL AREAS PLAN 3.1 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. 3.2 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. 3,3 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: 1. All Permitted Principal Uses for Area "C" as described within this PUD Document. 2. Building Construction - General Contractors (groups 1521 - 1542). 3. Building Materials, Hardware and Garden Supplies (group 5211 but only kitchen cabinets, doors, garage doors, windows, wood flooring, insulation material, and fencing, 5231 -5261). 4, 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. 7 A May 25,2004 Page 55 of 75 " -- -'-,._..~._"'- -,.,._._~ , . , . - 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 instaIJation contractors. tinting glass contractors, and waterproofing contractors). 5. Miscellaneous Repair (groups 7622 - 7641, 7699 but only bicycle repair, camera repair, I awn mower repair, locksmiths, medical/dental instrument repair, musical instrument repair, piano repair, sawlknife sharpening service, and custom picture framing). 6. Any other commercial use or professional service use which is comparable in nature with the foregoing uses. C. Area tIC" 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). 5. Food Stores (groups 5411 groceries and supermarkets only, 5421 - 5499). 6. General Merchandise Stores (groups 5311 - 5399). 7. Health Services (groups 8011 - 8099). 8. 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 May 25, 2004 Page 56 of 75 , . - ~- 11. Legal Services (group 8111). . 12. 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)). 13. Paint, Glass, Wallpaper, Hardware, and Lawn and Garden Supply I 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. . 0, Accessorv Uses: - .~ 1. Uses and structures that are accessory and incidental to the permitted uses within this PUD document. 2. Drinking Places (group 5813, only in conjunction with Eating Places) 3. Exterior speakers for drive-through facilities are permitted but exterior loud speakers and public address systems are prohibited, 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: - 9 Agenda Item No. 7 A May 25, 2004 Page 57 of 75 _H'~"_' ,__, ,._~,- ...~,.~- . , O"___"__~__ - ~ . - Seventy-five (75) feet. . C. 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, D, Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. - E. Maximum HeiQht: Three (3) stories or forty (40) feet, whichever is more restrictive. F. Off-Street ParkinQ and LoadinQ 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. G, Landscaoina and BufferinQ Requirements: 10 Agenda Item No. 7 A May 25, 2004 Page 58 of 75 . . As required by Division 2.4 of the Land Development Code in effect at the time of building permit application. H. Sians: Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code. \. Distance Between Principal Structures: Ten (10) feet. J. 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. K. Liahtim~: - 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. L. Architectural Buildina Desion: (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 "0" 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. 7 A May 25, 2004 Page 59 of 75 --;--- .__.~_.." _.' .--_.- ._- -,-~".. - ---------- SECTION IV . DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the regulations for the development of this Project. 4.2 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. 4.3 PUD MASTER PLAN A. 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. B, 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. 7 A May 25, 2004 Page 60 of 75 ~ - . - - 4.4 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. A. 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. MonitorinQ Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County land Development Code. 4.5 ENGINEERING A. 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, B. If the property is subdivided into two (2) or more parcels, a plat shall be required. ~.- C. A shared access agreement shall be recorded prior to final construction plan approval. D. Work within the Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No, 93-64. 4.6 WATER MANAGEMENT A. A shared water management agreement shall be recorded prior to final construction plan approval. ., B. 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, 4.7 UTILITIES , - A. 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. 7 A May 25, 2004 Page 61 of 75 ~~,...,~" - ,__....,.____'.~-.'..~'_.~.m..-' -'*"-.------ '. calculations can show that a minimum of 750 GPM is available to serve the commercial activities on the furthest part of the property. B. 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. C. 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. 4.8 TRAFFIC A. 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. B, 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. C. 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, 0, An eastbound right turn lane serving the access roadway shall be provided prior to the issuance of any Certificate of Occupancy for the development. ~ E. 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. 7 A May 25, 2004 Page 62 of 75 -~,~,~~-- ,- existing rights-of-way. Such dedication shall be .considered site related and there shall be no road impact fee credit due the Developer. F. 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. G. Site specific road improvements required for this project, shall be in place prior to the issuance of any Certificates of Occupancy for development. H. 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. 4.9 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. B, 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. 7 A May 25, 2004 Page 63 of 75 .>--------. "-.'-'._-- I 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. i 4.10 ENVIRONMENTAL A. 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. B. 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. C. 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. 7 A May 25, 2004 Page 64 of 75 . . .-- -- ~(IJ I nIl fJlanU: [J{~"i l( l>-. nU1HHt I.f- II s iir 'ifj;;fi} i g , . ~ilu i ,,~ 'Ill [ or", is Us.... g: Irir(llll . I .. li~r ( ;. r ~tll~ 11 Ii .. f~~I&f ::I 0 rdil ~ ~ll I ! 'il. ~ri ~ !h' hU Hlll~l II l~J;fs ~ i l;; ~ I i.!IHrrl --.. I .. :i- + . I , ~+ --.. ....... .... ... .". . II'" . -----.....- '" ~ !'i- ." 0," !: . ~ilff[r It "i.1r ..[ ,Ii- 'ir'itl f fJ ~ ~ ~t&i flf r'~ ( f{l~l II I . " - Ii . :lll : ~ H:~ pJ!iq fJ2( I . 0 n . '=l;'l: . CD ::0 . . ~!~ ir~. IlIJ; Iii" .. . ~..e. .. lr .. ... 1 !i ~r[ lJ J ~~. €i .... - ; r f ~ i~r r.. w, 1 r r i3' .1 u. " - . .. PJ <i ~ ~ . >. - lla:: I :~~~~~~~~~~~~~~~~~~~(~~~i~~=:=i 3 - , I>> . CoO - . s- f' ~ ., . .. 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'. ., ~ . ..' . ~, . .., ...... < ,....,. ~ . -',""" :-11, i,' 'j' ~Jl" ! 'JI, ..\ !',"""''t'"..."",~,.. - , "'~\ ,', .'.,' '.1.' ,~"....( ,.... '. i "'l <; '11~ ,_ --. .' . '4',~'" ~ I I,;, ", '. ..:'.<....-~-~.~.. ." oJ ~1 \. ~ .,,./!/ . '. I " .. k"~!.~I; 'I 1 c' "',<,'~,' :.J', """.,,~;t' ,,!_ \ ,'"., -"'I 1. h:< ! \t:' :.' ~ \ '. ,,'\;..~:;} " ." - ~ ~ ,'J-" ., j: >'.~'-<("':'..'.'-~/';'.'~'.--..::.~,.~~~. ~t. '!.\;7,r'" . <<,-', --.~ ~ \ .-.:h:'"/-;~~",'-~~:t;;:~ C"', -' '.' '...', "" .';' < 1;. '<;., ," :r:~ : " 'i:';"" d !Jf' t'I~:'.::};\~,<: \;: I:'~:'/~"' ."~S>f~ j, ,;-... '.( J '" /,., .' ... .,.-..,.., ",';' ... " II "I' ,/ ' f' j : J' ,.,.." c~-'llJ" ,,',.- ~. I I -:. ~:..:....':':-; I-. '!... I I I J .f..JI':.;.rJ, r I :;.1 r ' ',. :'1:, ~",i':' J,."" ,-nr" :1 ' ~ 'I ,I, t ,',','" . F ", . /,' , l' f ~; FL" -::. . :" "J ;:::' . ,. :; '" ,'. ~ .,''<<.'.", - ,.,' ~- t' .,',' ---,' - ,.- ; ~' "" ! -.',', ..,. '.. "- ~~ ' '/".."', ' "......... __~':'. .' ~,.-.~~_ :"J.1.'~~ .',. '-;'~ ..:.'O,~ /::"'~ --~'\. ~. .".. - - - . ~.. -- -~"'- .~\ ,\ -~ ",'<,.' I' ~: Iii " , UL' I, .lJ ~ I --- . i '-I - I j i l._ '.-- -,,- . ~'..-t ... 1'1 )' "_ ~'-.,:,"- -~ . ---- I j , ," ;--, '1~,'''1} I : I , / ~ j '\' ~ ' I '. J " . _ ________, ,. ~ I I 1 -r-- I , ,-_:" :.. ~-3- (:~', ~,,' :;:.:: ;,..,. .. ~.'.:....--.,,~..._,,_. \ \ .~ .,..... ~ -~, ~~~~",?~:',:, ';""~,," -l ,. :))J - \ 'IIl . , , "." . '."". ~ .- ", e. ,7' " '. :..., 1 ,'- ," ,- f . . . rl . .; -- PASSED AND DULY ADOPTED by the Board of County Commiss,ioners of Collier County, Florida, this';~ day of ~;;z:~ ,2001, ....;(TIEST:.',. BOARD OF COUNTY COMMISSIONERS ,/> pWl~H!T a a~ocK. Clerk COLLIER COUNTY, FLORIDA : -~ .. . . BY'~ :. : :' :::.~::. . -. l \_~:' ~~:.r4'-... /Jd7.C2 . . , . At~e t is t:Q...chllrau's JAMES 0,' RTER, PhO... CHAIRMAN S'9A&tur~'oA1J. ' Approved as to Fonn and Legal Sufficiency This ordinonce filed with the Secretory of Stale's Ollice the t..~ doyol~u.c.-. ~-/ 71l0JfUI In.~ ond ocknow1edoement of that fili~ed thisl.z.;C.t. day Marj eM. Student of 2..0./ ~ Assistant County Altorney By ~'/~,<..z; ~ .- _c..... G:I~.IIP)lRIIICW ........-.,. - I I - Agenda Item NO.7 A May 25, 2004 Page 71 of 75 l ~ -_..._"" _._",.~~-- '" .._,.._--..-, ....-..-. , , Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers. Land Surveyors. Planners Q, GRADY MINOR, P,E. D. WAYNE ARNOlD, A.I.CP. MARK w. MINOR, P.E. ROBERT "BOB" THINNES, AJ.CP. C. DEAN SMfIB, PE moMAS J. GARRIS, P S.M. DAVID W. SCHMlTI, P,E. STEPHEN V. BURGESS, P.5.M. MICHAELJ. DELATE. P,E. MIOiAEL L HARMON, P.5.M. NORMAN J. TREBn.COCI<, A.LCP" P,E. October 13, 2003 ALAN v, ROSEMAN MA TI1iEW J, HERMANSON, P,E. -- -'- INTP-2003-AR_4888 --- ----~---- Ms. Susan Murray, AICP PROJECT #19990239 Collier County Planning Services Director DATE: 10/20/03 2800 North Horseshoe Drive MICHELE MOSCA Naples, FL 34104 RE: Request for Formal Zoning Interpretation Dear \1s. Murray: Weare the authorized representatives for the contract purchaser of properties located in Section 18, Tmvnship 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, 200 1. I I 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. Pursuant 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 PUD's. 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 structures includes the following: 2. Building Construction - General Contractors (groups 1521-1542). (239) 947-1144 . FAX (239) 947-0375. E-Mail: engineering@grad~~c!6~lte~5N~o~~ 3800 Via Del Rey. Bonita Springs, Florida 34134-7569. EBILB 0005151 pa~e 72 ~ F:\JOBIKPRDDlW AIJS31013L,doc . Ms. Susan Mmray, AICP Re: Request for Formal Zoning Interpretation October 13,2003 _. Page 2 4. 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, ornamental metal work. contractors. .. 6. 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 permits industry number 1761, roofing, siding and sheet metal work except for roof spraying, painting and coating contractors, and roofing work. and repair contractors. Ouestion 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 lIDder Section 3.3.B.4 of both PUD Ordinances. Please confirm that general painting contractors are permitted uses within both PUD's. 'Ibis 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.R of either PUD. Ouestion 2 Is indoor warehousing self storage similar and comparable to other permitted uses within the PUD aod may therefore be deemed a permitted use? Section 3.3 .R6 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 C-4 zoning district and as a permitted use in the C-5 zoning district. ~- Agenda Item No. 7 A May 25, 2004 F:\JOB\KPRDD\W A \JS31 O13L.doc: Page 73 ~ -'--',-- ------.-- Ms. Susan Murray, AlCP 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 surrOlmding properties. Property immediately east is within the interchange activity center is zoned POO and permits a wide variety of comrnercialland uses. Property to the south is zoned CF and is developed as Hospice of Naples, and is separated from development areas on both POO'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 POO may be deemed comparable in nature to other permitted uses and therefore permitted within the POO's. Ouestion 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 POO 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 ofland 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. Agenda Item No. 7 A May 25, 2004 F:\JOB\KPRDDlWAVS31 013 L,doc Page 74 ~B . Ms. Susan Murray, AICP Re: Request for Fonnal Zoning Interpretation October 13,2003 - Page 4 Each PUD permits 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. Ouestion 4 We seek the Planning Director's concurrence that under common ownenhip 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 oftbe Pine Ridge Center PUD and Pine Ridge Center West PUD. In our Site Development Plan pre-application meeting, we proposed development of both POO'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 external 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. lIDs is consistent with our understanding of the application of minimwn 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 Pezeshka ,- Agenda Item No, 7A May 25, 2004 F:\1OBIJO'RDDIW A \JS31 01 3Ldoe Page 75 of 75 KPRDD -.- .__._,-~ "...---~--"-,...., ,-- EXECUTIVE SUMMARY CU-2003-AR-4003 Apostolic Assembly of the Faith in Christ Jesus, Inc. represented by Terrance Kepple, of Kepple Engineering, Inc., requesting Conditional Use #1 of the "E" zoning district, to allow a "Church or other Place of Worship" for property located at 1235 San Marcos Boulevard, in Section 31, Township 49, Range 26 East, Collier County, Florida, consisting ,of 4.86 acres. -' OBJECTIVE: Staff is requesting that the Board of County Commissioners consider the above-referenced Conditional Use application and to render a decision regarding the petition consistent with all applicable codes and regulations to ensure that the community's interests are maintained, CONSIDERATIONS: The petitioner requests approval of Conditional Use Number 1 of the Estates (E) zoning district for a parcel located at 1235 San Marcos Boulevard in Section 31, Township 49 South, Range 26 East in Collier County, Florida, to allow the development of a church, pursuant to Land Development Code (LDC) Section 2.2.3.3.1. ,- The petitioner wishes to construct an approximately 11,000 square foot church facility on an undeveloped tract of land. In conjunction with the church, the petitioner wishes to construct a single-family home that will be used for a caretaker. The single-family home site is a use permitted by right, and a caretaker's residence is only addressed in the LDC within commercial or industrial zoning districts where a residential use would not usually be allowed. As long as the subject parcel allows the petitioner to meet the minimum requirements of the LDC for parking, buffers, setbacks, and open space, the two uses would not be prohibited. FISCAL IMPACT: Approval of this rezoning petition would have no immediate fiscal impact on the County. The County collects impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities. The impact fees that would be applicable to this project are summarized below: The current impact fees for an 11,000 sq. ft. Church are as follows: Road $54,495.00 EMS 374.00 Jail 1,287.00 Govt. Bldg 2,541.00 Fire 3,300.00 (WaterlSewer To be determined) - TOTAL $61,997.00 Agenda Item No. 78 CU-2003-AR-4003 -rad039DF,tmp May 25, 2004 Page 1 of 4 Page 1 of 54 ,"-". ,...,........, The current impact fees for a single-family residence are: (calculated for 2,000 sq. ft. living area, no more than 4 baths) Road $ 5,592.00 Parks 1,603.00 Libraries 296.56 EMS 104.00 Schools 1,778.00 Jails 117.98 GovL Bldg. 239.40 Water 2,570.00 Sewer 2,950.00 TOTAL $15,250.94 GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Sub- district) as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). Relevant to this petition, Urban Designation Areas allow non-residential uses, including community facilities, such as churches. Staff concludes the proposed uses for the subject site can be deemed consistent with the Future Land Use Element. However, FLUE Policy 5.4 requires ..- that all new developments be compatible with and complimentary to the surrounding land uses. As explained in the staff report, staff does not believe the conditional use will be compatible with the neighborhood. Staff therefore recommends that this petition be deemed inconsistent with GMP Policy 5.4. Therefore, the petition is not consistent with the overall GMP. Consistency with the overall GMP is a prerequisite for a recommendation of approval for the subject petition. Staff therefore recommends denial of the petition. ENVIRONMENTAL ISSUES: Environmental Review staff evaluated this petition and determined that there are no environmental issues that need to be addressed at the rezoning stage. The Environmental Advisory Council (EAC) did not hear this petition because an Environmental Impact Statement (EIS) was not required for rezoning. Environmental staff has advised the petitioner that environmental issues will need to be addressed as part of any development approval. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on April 15, 2004. A motion was made by Commissioner Abernathy and seconded by Mr. Murray to deny this petition, based upon the conclusion that this use would not be compatible with the surrounding neighborhood. The vote resulted in a tie vote of 4 to 4. Mr. Adelstein made a motion to approve the petition with the following conditions: ,... Agenda Item No, 78 GU-2003-AR-4003 -rad039DF,tmp Page 2 of 4 May 25, 2004 Page 2 of 54 ...- 1. The conditional use approval to allow a church and other places of worship is limited to a maximum of 400 seats and a maximum of 11,000 square feet in two buildings. The use is further limited to what is depicted on the site plan identified as "Apostolic Assembly of Faith in Christ Jesus" prepared by Kepple Engineering, Inc., dated 2/2103, stamped Received December 29, 2003", except as further conditioned below. 2. Approval of this conditional use permit shall not be construed as approval of the attached conceptual site plan; the site plan shall be formally reviewed and approved as part of the SDP process. No variances from any LDC requirements have been granted as part of the acceptance of the subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the site plan must be brought into compliance prior to the issuance of any site development plan approval. 3. All lighting fixtures, to include parking lot and security lighting must not exceed a height of 12 feet. The following conditions were adopted as volunteered by the petitioner's agent at the CCPC hearing 4. Outdoor services are prohibited. ....,~- 5. Outdoor loud speakers are prohibited. 6. The petitioner will provide sidewalks along the entire frontage of San Marcos Boulevard, as part of the first phase of construction 7. Day care uses are prohibited. 8. Outdoor recreation areas are prohibited. 9. The petitioner must retain all native vegetation within the area designated as "Existing Vegetation to Remain" on the site plan. 10. The petitioner must provide a gate at the entrance. 11. This project must be constructed in full compliance with LDC Section 2.8 "Architectural Standards" as if it were subject to those regulations. Mr. Schiffer seconded the motion. The motion was based upon the supposition that a church in this neighborhood would be an appropriate use. That motion also resulted in a tie vote of 4 to 4. Therefore, the Board of County Commissioners will hear this petition with no recommendation from the CCPC. ,- Agenda Item No. 78 CU-2Q03-AR-4003 -rad039DF,tmp Page 3 of 4 May 25, 2004 Page 3 of 54 '- STAFF RECOMMENDATION: The proposed Conditional Use is inconsistent with the applicable provisions of the GMP, and the uses allowable in this petition will not be compatible with surrounding land uses. Therefore, Zoning & Land Development Review staff recommended Petition CU-2003-AR-4003 be forwarded to the Board of County Commissioners with a recommendation of denial. However, staff has included a list of conditions to which the petitioner has agreed (see CCPC discussion above). Should the Board of County Commissioners decide to approve this petition, staff would suggest that this list of conditions be included in that action. ,_"d - Agenda Item No. 78 CU-2003-AR-4003 -rad039DF,tmp Page 4 of 4 May 25, 2004 Page 4 of 54 '-' COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 7B .,..,.....~ Item Summary This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members, CU,2003-AR-4003 Apostolic Assembly of the Faith in Christ Jesus, Inc, represented by Terrance Kepple, of Kepple Engineering, Inc,. requesting Conditional Use #1 of the "E" zoning district. to allow a "Church or other Place of Worship" fa, property located at 1235 San Marcos Boulevard, in Section 31, Township 49, Range 26 Easl, Collier County, Florida, consisting of 4 ,86 acres, Meeting Date 512512004 9:00:00 AM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & 511112004 4:09 PM Environmental Services Zoning & Land Development Review Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Envi,onmental Services Environmental Services Admin. 5112120048:44 AM Approved By Community Development & Joseph K. Schmitt Envi,onmental Services Adminstrator Date Community Development & Community Development & EnvIronmental Services Environmental Services Admin. 5112/20048:54 PM - Approved By Constance A, Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin, 5113120043:37 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 51161200411:50 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/1812004 9: 19 AM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 5/18120046:14 PM ,- Agenda Item No. 76 May 25, 2004 Page 5 of 54 .-.."..-- ~...- ,~,~. Co1Nt-r County ~--~ - ST AFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: APRIL 15,2003 SUBJECT: PETITION CU-2003-AR-4003 PROPERTY OWNER/AGENT: OWNER: Apostolic Assembly ofthe Faith in Christ Jesus 2780 lOth A venue, SE Naples, Florida 34117 AGENT: Terrance Kepple, Kepple Engineering, Inc. 3800 Exchange A venue Naples, FL 34104 REQUESTED ACTION: The petitioner requests approval of Conditional Use Number I of the Estates (E) zoning district to allow the development of a church, pursuant to Land Development Code (LDC) Section 2,2,3.3,1. GEOGRAPHIC LOCATION: The subject parcel is located at 1235 San Marcos Boulevard in Section 31, Township 49 South, Range 26 East in Collier County, Florida. PURPOSEIDESCRIPTION OF PROJECT: The petitioner wishes to construct an approximately 11,000 square foot church facility on an undeveloped tract of land. In conjunction with the church, the petitioner wishes to construct a single- family home that will be used for a caretaker. The single-family home site is a use permitted by right, and a caretaker's residence is only addressed in the LDC within commercial or industrial zoning districts where a residential use would not usually be allowed. As long as the subject parcel allows the petitioner to meet the minimum requirements of the LDC for parking, buffers, setbacks, and open space, the two uses would not be prohibited. Agenda Item No. 78 May 25, 2004 CU-2003-AR-4003 April 15, 2004 CCPC Page 1 of 9 Page 6 of 54 ~,-"' ~~1 i5 z ...Q t:~ ......'.. ",0 g fi a.. 1 ~ <( ~ W I- - (f) .., 0 0 .. 0: < ;, 0 0 - ,..,...- / ... ;; - 0 .. " ~.. z .... 0 ... . . I i= . '!" t IU P - iei S "- r__~ I a.. , <( . " ~ a:, I ..'- z 0 . I - l- e:( U - 0 I. -' I i I illll i I ~- :;~ Agenda Item No. 78 May 25, 2004 C~2003-AR-4003 April 15, 2004 CCPC Page 2 of 9 Page 7 of 54 ^"._',,~ -.--- -,_._, SURROUNDING LAND USE & ZONING: North: a 2.38-acre tract occupied by a recently constructed single-family home, zoned "E" East: a 2.38-acre tract occupied by a single-family home, zoned "E" with frontage on Saint Clair Shores Road South: a 2.38-acre undeveloped tract; then a tract with a single family home under construction, zoned "E" West: an undeveloped 4.78 acre tract owned by Diocese of Venice (Catholic Church), zoned "E" . " Subject a<>'u . Property a , GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: Comprehensive Planning' Section staff has reviewed this petition and offered the following comments: The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Sub-district) as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GArfP). Relevant to this petition, Urban Designation Areas allow non-residential uses, including community facilities, such as churches. Staff concludes the proposed uses for the subject site can be deemed consistent with the Future Land Use Element. FLUE Policy 5.4 requires that all new developments be compatible with and complimentary to the surrounding land uses. [See discussion regarding this Policy on page 6.]. Transportation Element: Transportation Development Review Section staff provided the followin~annem!NmiJ,l~ May 25, 2004 eU-2003-AR-4003 April 15, 2004 cepe Page 3 of 9 Page 8 of 54 ,-,- this petition: GMP Policies 5.1 and 5.2 in the Transportation Element read asfollows: Policy 5.1: The County Commission (BCe) will review all rezone requests with consideration of their impact on the overall system, and shall not approve any such request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five year planning periqd, unless specific mitigating stipulations are approved. Traffic analyses to determine significant project impact shall use the following to determine the study area: a. On links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 3% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 3% of the adopted LOS standard service volume; c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 5% of the adopted LOS standard service volume. Policy 5.2: Project traffic that is less than 1% of the adopted peak hour service volume represents a de minimis impact. A plain reading of Policy 5.1 yields this policy would apply to rezone petitions only - where one zoning district is abandoned and another zoning district is placed on a property, ,- However, Transportation staff has historically applied this policy to Conditional Use petitions as well, and recommended transportation-related stipulations based upon this policy. The rationale is that a Conditional Use is a zoning action - it is the addition of a land use beyond that allowed by right in a zoning district. The CCPC and BCC have endorsed staff s interpretation and application of Policy 5.1 by recommending approval/approving Conditional Use petitions with staffs recommended transportation- related stipulations. It is standard procedure for staff to propose .amendments to regulations to reflect interpretations that have been made, whether by staff or the BCC. Policy 5.1 needs to be amended to clearly read the way it is being interpreted/applied, something to this effect: "The County Commission will review all rezone and Conditional Use requests ...", Policy 1.1,2 in the Capital Improvement Element reads similar to this Transportation Element policy and needs to be similarly amended. These amendments will be initiated by Comprehensive Planning staff during the next available GMP amendment cycle (in 2004). Upon review of Conditional Use petition CU-2003-AR-4003, staff recommends denial based on the following facts: This petition is for a Church with a proposed building size of 12,000 square feet providing services for approximately 400 people. The Traffic Impact Statement (TIS) for this petition projects 439 trip ends on a Sunday and a maximum of 114-peak. hour of generator trips, All- traffic will be entering from the South and exiting to the South on San Marcos Blvd. It is assumed that traffic distribution from this site onto Radio Road will exhibit an evenly split 0_' of 50% East and 50% West. This segment of Radio Road between LiYin~stan Thoad~nd Ag n a em o. 78 May 25, 2004 CU-2003-AR-4003 April 15, 2004 CCPC Page 4 of 9 Page 9 of 54 .---~ ,.,-~.,-.... _..... ._-,~_._~-- Santa Barbara Blvd. currently is operating at a LOS of "B" and is projected to operate at an acceptable LOS of "c" within the five-year planning period, The proposed site impact on this segment is 2.8% of the Average Annual Daly Traffic, Therefore, this petition appears to be consistent with Policy 5,1 and not applicable to Policy 5.2. ANAL YSIS: To understand staffs position regarding this petition, it is important to understand the zoning and development order history of the subject tract. A Conditional Use to allow the construction of a church was initially approved for this site on November 12, 1996, A one-year extension of that Conditional Use was granted on October 14, 1997. Another one-year extension was granted on November 4, 1998. [NOTE: At that time, the LDC allowed up a petition to seek a maximum of three, one-year extensions. Since that time, the LDC has been amended to allow only one, one-year extension, ] The petitioner submitted for development order approval on October 1, 1999, just one month before the Conditional Use would again expire, The development order was approved on February 1, 2001, and that approval would have been valid until February 1, 2003, however, the Conditional Use had already expired prior to that date, thus the church has never been constructed. The staff report prepared on September 30, 1996 for the original Conditional Use petition indicates that the surrounding area was undeveloped "with the exception of one home" located directly east of the subject site. The 1996 staff report's "Summary Conclusion" stated "For the most part, this area is sparsely developed and the timing for churches under this condition is much better than later attempts when the neighborhood is more intensely developed." Therefore, at that time, staff based approval of the original Conditional Use, in part, upon the contention that approval was appropriate because the area had not developed, thus any subsequent lot owners and home builders would have been aware of the church's existence prior to their consideration to relocate to this area. The church's Conditional Use expired in 1999. Any potential property owner after that time would not have been aware of any plans to construct a church at this location. Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. The LDC requires certain uses to be reviewed as Conditional Uses recognizing that the uses listed as allowable by Conditional Use have the potential to have negative impacts, as is identified in the LDC Article 6 definition of Conditional Use quoted below: Conditional Use: A use that would not be appropriate generally or without restriction throughout a zoning district, but which if controlled as to number, area, location, or relation to the neighborhood would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or the general welfare, Such uses may be permissible in a zoning classification or a district as a Conditional Use if specific provisionfor such a Conditional Use is made in this Land Development Code. Staff does not believe adequate stipulations can be placed upon this Co~ Uem<Nina~Bthe May 25,2004 ClJ.2003-AR-4003 April 15, 2004 CCPC Page 5 of 9 Page 10 of 54 - use "appropriate" per the Conditional Use definition quoted above, because of concerns about the "rclation(ship] to the neighborhood," as discussed below. As previously noted, this request is consistent with the Future Land Use Element of the GMP, however the project is not consistent with GMP Policy 5.4, thus the petition is not consistent with the overall GMP, which is the paramount requirement. 2, Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Adequate ingress and egress to the site will be provided with the project's one access point onto San Marcos Boulevard, however staff has concerns about "automotive and pedestrian safety and convenience, traffic flow, and control," as discussed below, and does not believe the petition should be approved. The church traffic would be forced to travel through the existing neighborhood to reach the church. Although the proposed uses will not generate an amount of traffic that would preclude approval based upon the impact created by the number of trips on the adjoining arterial roadway network (see transportation section analysis), Zoning staff has concerns regarding the public safety and compatibility standpoint for the local street. Church traffic will be required to travel approximately 3/4 mile north along San Marcos Boulevard, a local street, from Radio Road to reach the church, - Looking south to Radio Road San Marcos Boulevard is developed with the Sunny Acres and Southwind Mobile Home Parks - near its intersection with Radio Road. North of the two mobile home parks are the single-family homesites. San Marcos Boulevard ends at a canal, with a gravel road interconnecting San Marcos Boulevard with St. Clair Shores Road near the northern terminus ofboth~~em No. 78 tv1ay 25, 2004 etJ.2003-AR-4003 April 15, 2004 cepe Page 6 of 9 Page 11 of 54 __..._nm ._._.,...~. Church traffic should not, and most likely would not, travel farther into the residential area to find alternative ingress and egress to Radio Road, Therefore, there are no interconnecting roadways to share the traffic, and even if there were, the adjacent roadways all serve residential uses. Planning principles dictate that more intense traffic, i,e" church traffic, should not be directed through a less intense neighborhood. Specifically, non-residential traffic should not travel through residential areas. The aerial photographs show the intensity of the residential use, especially those uses located south of the subject site through which the church traffic would need to travel. Looking to the north to gravel roadway 3, The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. Churches normally have one day that sees the most use that being whatever day is observed in that faith as the Sabbath. However, most churches or religious facilities also have functions on several if not most other days of the week. The activities generate noise, from the traffic, and music, which, of course, may be more or less objectionable to some than others. The vehicles can create glare from headlights, and the parking lot or building security lighting could cause additional glare. The petitioner agreed at the Neighborhood Informational Meeting to limit the parking lot lighting to a maximum of 12 feet in height. Many of the church activities occur in the evening hours, when the parishioners are not working and are available to participate. As such, the activities tend to have the most effect upon the neighbors because that is when the neighbors are also at home. Agenda Item No. 78 May 25, 2004 elJ.2003-AR-4003 April 15, 2004 cepe Page 7 of 9 Page 12 of 54 , ~., ..-. 4. Compatibility with adjacent properties and other property in the district. FLUE Policy 5.4 requires that all new developments be compatible with and complimentary to the surrounding land uses. Based upon potential traffic, noise, and glare concerns, staff does not believe a church at this location will be compatible and complimentary to the surrounding land uses and the petition is therefore, inconsistent with FLUE Policy 5.4, as further explained below, The original staff report submitted for the 1996 original conditional use petition contained a discussion regarding the potential negative impacts that a church at this site might havc upon the neighborhood, noting that there is "some potential for noise associated with the movement of automobiles" and noted "a location nearly the artcrial systcm would be bettcr in this rcgard. At this time, this location issue becomes crucial. No longer is the neighborhood an undeveloped area; this church would negatively impact the neighbors. In the last year, a home has been constructed on the lot located immediately north of the subject site, and another home is under construction one lot south of the subject tract. In staffs opinion, the window of opportunity to construct a church prior to the residential use developmcnt that was identified in 1996 has closed; the church is no longer an appropriate use at this location. The LDC only requires uses that are located in a commercial zoning district, or a commercial component of a PUD, or non-commercial uses that front on arterial or collector roads, to comply with architectural standards. This project is located on a local roadway and thus would not need to comply with any standards. The petitioner could construct a building that is visually out of - character with the single- family homes. This concerns staff, and could, in different circumstances, be addressed with the conditions. However, due to other concerns that cannot be addressed with conditions such as the church traffic traveling through the residential neighborhood, staff does not believe it is prudent to approve the Conditional Use at all, thus a condition to address a design issue is a moot point. However, if the Collier County Planning Commission (CCPC) determines that it is appropriate to approve this petition, a condition should be added to require compliance with the LDC architectural standards or require some type of concrete block stucco fac;ade with tile roofs that would better "fit" into the neighborhood of single-family homes. NEIGHBORHOOD INFORMATION MEETING: The Neighborhood Information Meeting (NIM) was held on October 16, 2002, with approximately 13 persons in attendance in addition to staff and the applicant's team. The neighbors voiced opposition to the proposed use at this site and no agreement was reached on any of the issues raised such as traffic and compatibility concerns. The petitioner did agree to limit all parking lot lighting to a maximum of 12 feet in height, and to direct the light away from the neighbors. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend denial of Petition CU- 2003-AR-4003 based upon fmds that the proposed use would be incompatible with the surrounding area and thus inconsistent with the Growth Management Plan. ,- Agenda Item No. 7B May 25, 2004 ClJ.2003-AR-4003 April 15, 2004 CCPC Page 8 of 9 Page 13 of 54 "--..,_.. ~--" ..~.."'." --."- -.--_._0__'_- _.._~~_.- PREPARED BY: .LI (:..:\~ ;' :..( ,") [" L' 't(lLI, jJWLLI~IJ "oL b- KA DESELEM AICP, P,UNCIPAL PLANNER DA TE ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: -J/?"'" I? JA _ 3 - 3 (- oC-f RA"YBFJt~ PLANNER DA TE ZONING & LAND DEVELOPMENT REVIEW __~-40 Y:t' L.j 1110 i ~jSAN MliRRAY,AICP, DlRECTO DATE DEPARTMENT OF ZON1NG AND L ND DEVELOPMENT REVIEW APPROVED BY: -, /)/ '~/~ ~ ,..- "'"<.......... ..,( J.. ~'I' :l:S PH K_ ~ A >M ISTRA TOR 7J DATE (I MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning CJmmission: Ll!JliiL RUSSELL A. BUDD, CHAIRMAN Tentatively scheduled for the May 25,2004 Board of County Commissioners Meeting Attachmenu.: A. Findings of Fact B. Con;eptual Site Plan Agenda Item No. 78 May 25, 2004 CU-2003-AR-4003 April 15, 2004 CCPC Page 9 of 9 Page 14 of 54 -..--~ RE-5UBMITT AL CU-2003-AR-4003 PROJECT #19990668 .- DATE: 9/16/03 KAY DESELENI -.. .. --_._- APPLICA nON FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No,: Date Petition Received: Commission District: Planner Assigned: _Kay Deselem ABOVE TO BE COMPLETED BY STAFF 1. Generallnformati(!!! Name of Applicant(::) ~A1>ostolic Assembly of the Faith in Christ Jesus -, (FL address) Corporate Address Applicant's Mailing Address _(2780 10th Ave. SE) 10807 Laurel St. City __(Naples) Rm1!~ho Cucamonga State _(E1) CA Zip _(34117) ~'1730_ Applicant's Telephone #: _352-2540 Fax # Applicant's E-Mail Address: Name of Agent ~T3Ilce Kepple Firm Kepple Engineerimz Inc. Agent's Mailing Address 3806 Exchange Ave City _ Naples State FL Zip 34104 Agent's Telephone # 239 403-1780 Fax # 403-1787 Agent's E-Mail Address: _ KEIENGIN@AOL.COM COLLJER COUNTY COMMUNITY DEVELOPMENT ,- PLA.NNING SERVICES/CURRENT PLANNING 2800 :'i. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400IFAX (941) ~968 Agenda Item No. 78 May 25, 2004 Page 15 of 54 ~.~'''".<-~ .....-----"-... ~..._._.__.,." ,~, ~ ~ ... Complete the fonowing for all Association(s) affiliated with this petition, (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner ,\ssociation: Mailing Address City State _ Zip , Name or Master Association: Mailing Address City State -Zip Name of Civic Association: Mailing Address City State _ Zip 2. Disclosure of Interest Information: a. If the property h owned fee simple by an INDIVIDUAL. tenancy by the entirety, tenancy in commlll, or joint tenancy, list all parties with an ownership inter,e5t as well as the percentage of such interest. (Use additional sheets ifnecessary). Name and Address Percentage or Ownership Agenda Item No. 78 May 25, 2004 Page 16 of 54 i , , ... ... - b. If1he property is oymed by a CORPORATION, list the officers and stockl:olders and the percentage (tf stock owned by each. Name. Address 3J1l1 Office Percentage of Stock A Non Profit Cor,poration Sanchez. Daniel- president I V alverde. Samuel -vice-president Salomon. Daniel- secretary/director Espinosa. Arthur - treasurer c. If the property is in the name of a TRUSTEE, list the beneficiaries of the tmst with the percentage of interest., i Name and Addre5! Percentage of Interest ; -- . d. If the property :,5 in the name of a GENERAL or LIMITED P ARTNERSllIP, list the *'-~. name of the general and/or limited partners. Name and Addres! Percentage of Ownership - e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, includin!: the officers, stockholders, beneficiaries, or partners. Name and Addresl! Percentage of Ownership - - Date of Contract: Agenda Item No. 78 May 25, 2004 Page 17 of 54 .--..-...--" ~_.. --- -~~"-"- , f. H any contingc:ncy clause or contract terms involve additional parti(:5, list all . individuals or of5cers, if a corporation, partnership. or trust. Name and Address - - g. Date subject property acquired (X) leased ():01/1997 Term oflease _Jr.linos. If: Petitioner has option to buy, indicate date of option: and date option tenninates: . or anticipated closing date h. Should any charlges of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of' the applicant, or agent on his behal( to submit a su pplemental disclosure ofintc:rest form. 3. Ottailed 1e2a1 descriDtion of the DroDertv' covered by tbe 8DDlication: (Jlf space is inadequate~ attach on separate page.) If request involves change to more than l)ne zoning distri~ include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months. maximum 1" to 400' s.;aJe) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed SUIVey may be required. Section: 31 Township: 49 Range: 26 - Lot: 9 Block: Subdivision: Plat Book Pagl~ #: Property I.D.#: 00294320004 'Metes & Bounds Description: See 31. Twp 49. Rng 26: N ~ of SE ~ of SW ~ t:>fNE Y.. . Less the W 30 ft. road R1W. Collier County FL 4. Size of orooertv: J;~LJl X 659 ft. = Total Sq. Ft. 2] 1.539 Acres 4.S~ 5. Address/2enen.lloca"OOD or subiect Drooertv: 1235 San Marcos Blvd. r 6. Adiacent %OOiDS! aDd land use: Agenda Item No. 78 May 25,2004 Page 18 of 54 1 , . . Land use Zoning -- N E Residential -- S Y Residential E_E Residential W_E Residential Does property owner .)wn contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Lot: Block Subdivision: Plat Book ' Pagl~ #: Property 1.0.#: Metes &, Bounds Description: - 7. J'yDe of Conditional Use: This application is requesting conditional use # I of the E district fhr (TYPE OF USE) Church and related facilities. - ---- - Present Use of the prcperty: 'vacant 8. Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Developfllent Code, stafJ's recommendaticm to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further. satisfactory provision and arrangement have been' made concerning the following matter~ wbere applicable. Please provide detailed rapoDH to e:lch of the criterion listed belo'w. Specify how and why the request is consistent with each. (Attach additional phges as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code .- and Growth Mamtgement Plan (include information on how the request is consistent with the applicable section or portions of the future land A~cFc)ertMiWN~ attached. MHY 25, 2004 Page 19 of 54 -..---.- "~~H ....-. q- ~,,- ~ .._^-- . .' . b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and contro~ and access in case of fire or catastrophe: See attached c. Describe the effe<:t the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: See attached d. Descn1>e the site':. and the proposed use's compatibility with adjacent properties and other properties in the district: See attached e. Please provide any additional information which you may feel is relevant to lhis request. See attached 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being leqUested in order to ascertain wht:ther or not the request is affected by existing deed restricti ODS. Agenda Item No. 78 May 25,2004 Page 20 of 54 - Conditional Use Application 8. Evaluation Criteria a. The GMP allow:. the LOC to provide for the uses within each zoning district This conditional use is permitted through the E zoning district and development of the project will be in accordance with the LOC. b. Access to the sit~ is via Radio Rd. and San Marcos Blvd c. The c~urch can have a positive effect on the neighborhood, the property will be developed for a church and services will be held 1 or 2 days a week. d. The existing site is vacant, upon development, the site will contain a chmd. and required parking. The r:mainder of the site will be landscaped in accordance with the LOC and will have 1 S ii)()t buffers on the north, east and south and a 10 foot buffer on the west te. The church bas purchased this property to provide a site for their services. A conditional use is requiJed in all zoning districts except commercial, where the value of the land is not within m>St churches reach. >- ,- RE-SUBMITT AL CU-200~ r. 78 PROJE a ~ ~O04 DATE: 9/16/0 ~ge 21 of 54 KAY DESELE ..-".-.-..- &_..-',"....... ,-_..-"._-- . . ' 10. Previous land use p.~titions on the subiect DroDertv: To your knowledge, has a public . hearing been held on this property within the last year? If so, what was the nature of that h . ? eanng , NO 11. Additional Submittd reouirements: In addition to this completed appli(:ation, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a . A copy of the pre -application meeting notes; b. Sixteen (16) copi es of a 24" x 36" conceptual site plan [and one reduced 811z" x 11" copy of site planl drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for di:>tribution to the Board and various advisory boards sllch as the Enviromnental Ad visory Board (EAB), or CCPC]; . all existing and proposed structures and the dimensions thereof, . provisions tor existing and/or proposed ingress and egress (including ped ~strian ingress and e!1ess to the site and the structure(s) on site), . all existing an:llor proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking fOJ" the disabled), . locations of solid waste (refuse) containers and service function areas, . required yard:;, open space and preserve areas, . proposed locations for utilities (as well as location of existing utility services to the site), . proposed and.'or existing landscaping and buffering as may be required b)" the County, . location of all signs and lighting including a narrative statement as to the ~:ype, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). d. Whether or not ,JD EIS is required, two copies of a recent aerial photograph, (taken within the previou twelve months). minimum scale of one inch equals 400 fe et, shall be submitted. Said a~al shall identify plant and/or wildlife habitats and their boundaries. Such identificatioll shall be consistent with Florida Department of Transportation Land Use Cover and Fe ems Classification System. e. Statement of utili ty provisions (with all required attaclunents and~~~em No. 78 May 25, 2004 Page 22 of 54 , , f. A Traffic Impa(t Statement (TIS), unless waived at the pre-application meeting; . ~- g. A historical ard archeological surveyor waiver application if property is located within an areE. of historical or archaeological probability (as identifed at pre- application meeting)~ h. Any additional requirements as may be applicable to specific condition al uses and identified during the pre-application meeting, including but not limited to my required state or federal J,ennits. - ,- Agenda Item No. 78 May 25, 2004 Page 23 of 54 "'-"--'---'--'"---'--- ,~_~O> _.~. .'. -,._-_._-_.~._".,,,._~,- CU-2003-AR-4003 ~. PROJECT # 19990668 ...' .. DATE: 4/17/2003 , , KA Y DESELEM ADl)'" '3 !VG CHECKLIST PIe;:' , ''.>..If':ctC the following and sllbmit to the Addressing Section for Review. Not all items will apply to ~_,:_j~~1. Items in bold type an: required. 1. Lc;;;a I descriptio~ of su~t property or properties (copy of lengthy description may be attached) _.._,_. Je ~ ,;J- /'t"~/ 2. F, ,; 0 (?r~perty ID) Dumber(s) of above (attach to, or associate with, legal description if ",ore than ,one) --,_..__,~r2tJ"iff J z,t9&'O Y '~ 3. si,""'?t "d~lress or addresses (as applicable, if already assigned) _Lki ~ )~# M'.J'/'I:7? ,;/"'/ 4. f_ u-:7'.~- map, showing exact location of project/site in relation to nearest public road right.oof-way (attach) 5. Co;:y ofmrvey (NEEDED ONLY FOR UNPLAITED PROPERTIES) 6. Pro)'",'?: ;lroject name (if app/ic.'lble) --_....~_..,--_._- 7. Pr0ro<;~d Street names (if applicaMe) -- --- 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP - 9. PetitioD Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development PIal) o PPL (plans & Plat Review) o S:)P A (SDP Amendment) o PSP (preliminary Subdivision Plat) o SDPI (SOP Insubstantial Change) o FP (Final Plat) o g(p (Site Improvement Plan) o LLA (Lot Line Adjustment) o SIP A (SIP Amendment) o BL (Blasting Pennit) o SNR (Street Name Change) o ROW (Right-of-Way Permit) o VegetationlExotic (Veg. Removal Pennits) o EXP (Excavation Permit) ~ Land Use Petition (Varian~ ConQition.aIJ.l.se., o VRSFP (Veg. Removal & Site; Fill Pennit) Boat Dock Exl, Rezone, PUl) rezone, etc.) o Other - Describe: 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. P~ease Check One: 0 Checkli:;t is to be Faxed Back ~ersonally Picked Up , 12. Applicant Name -';'r/v {(;f'/t' Phone '14 ,~ Fax 13. Signature on Addressing Checklist d s not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY RECEIVED Primary Nurnber~ Address Number APproVedgm-9AAPIP Bate .~--~ Address Number Address Number Agenda Item No. 78 May25, 2004 Revised 3-21-01 Page 24 of 54 ----" Apostolic .la.8mbly of the Faith In Christ J.sus - Baldemar Rodrigua , 0uUef S6nc:ha 8ISHOP PRESIDENT 8l8HOP va PNIlDENT Samuel ....'a1verd. Arthur Espinosa co.:N~ SECRET.\RY GENEML TREAS~EA . 1~7 lAUREL STREET ' JWiI:HO CUCAMONGA. CAlIFORNIA 91730 ' (909) 987.3013 . (S()9) 481-5691 FAX CORPORATE RESOLUTION On the 1 Jtlt day of July, 2001, a meetina of the Board oCDirectors of the APOSTOl,.u: A..8SEMBL'Y OF THE FAITH IN CHRIST JESUS. INC., was duly called and held in accordance with law and 1 he bylaws of the Corporation at which a quorum of the voti DB members wu preseo~ and the followma resolution was adopted: RESOLVED that authori:~tion be and is hereby liven to Rev. Alvaro Aldatla, Pastol'ofthe Apostolic .AMssembly ofNI,ples, F1ori~ to act as an aaent of the APOSTOLIC ASSEl~L Y aod initiate procieedinp relevlnt to the obtaining of a construction loan in the amount not to exceed $300,000 (11bree Hundn:d Thousand Dollars) with Community Bank of Naples. RF..50L VEt) that loan fluids of the aforementioned transaction be used for the construction of a church buiJdina on the property located at the empty lot predetermined for this purpose in the city of Naples, Rorida. RESOLVED that all nece:ssay documents reflect the APOSTOLIC ASSEMBLY QF TIll - FAITH IN CHRIST JESltl.5 as the seller, borrower, buyer, grantor or grantee as applicable. WHEREAS the President and General Secretary of the Corporation, in conjunction. are solely authorized to sian all necessary documents on behalf of the APOSTOUC A~SEl\UII..Y OF THE fAITH IN CHRIST JES'!S. RESOLVED that all necessary documents be drawn reflecting President Baldemar Rctdrlauez and General ~tary Samuel Valverde as the signing corporate officers representina the (:orporation. I, Rev. Samuel Valverde, dlJly elected Genual Secretary, do certify that this is a true ar1d comet copy of the resolution adopted at said mcetina of the Board of Directors of the AfOSTOLlC ASSEMBL"l( OF THE FAITH IN CHRIST JESUS. IN WlTNI. WHEREOlr.1 have hereunto set my hand u Secretary of the Corporation. and hav~,~Ott~ tht: official seal of the Corporation this 11th day of July. 2001. ~j;'~ . .- .,- - .., .. - '~rVaJWrde ~ "AIId'&:_~~TI1>>~fiO" 0/ Ih~ apostles and prtJphetS, J~SIU Christ Himself b~;ng 1M diet "OT1l~' StOM." .........~........ .... ~P,lf~:J\NSf?,LI ............ 0#; _ __._. Ishmael Arellano Ju.n fortino Luciano M. Monta Daniel SalomOn ,-, SecRETARY ~ SECRETARY SECAETAAY FOREIGN MISSIONS NATONAL EVANGELISM CHRISTIAN EDUCATION Agenda Item "'~~SIBTANCE May 25, 2004 Page 25 of 54 I , ,- -,. '.".-.-. .-.,. , . RE-SUBMITT AL CU-2003-AR-4003 PROJECT #19990668 DA TE: 9/16/03 '. KA Y DESELEM - l'J::lples, Florida 34104 . ~l) 403-1780 · Fax ~1) 403-1787 239 239 Apostol ic Assembly or the Faith in Christ Jesus TIS See 31, Twp 49 , Rng26 " February 2003 " Based OD ITE Trip Generation Manual, 6th ~dition Land Use: 560 Church The'proposed site is located at 1235 San Marcos Blvd. The project cbqsists of a 4.9 +/-, acres. The proposed building will seat 400 people for services with churcb ofappr:>ximatdy (12.000 sf). Parking will be provided for the , church in accordance with tIle LDC (approximately 171 spaces). In accordance with ITE Trip Generation manual this type of facility will generate the foDowing traffic: Trip Generatioa Average Vehicle Trip End~ 0., a weekday 9.II/lOOO sfx 12 = 109.3 trips 500./0 'eot,erins - 54 tri ps 500.10 e:dting - 54 trip: ~ ' . Peak Hour of adjacertt street AM 0.7211000 sf]c 12 = 8.6 trips '54% entering - 4.6 trips 46% exiting - 3.9 trips Peak Hour of adjacet1t street PM 0.6611000 sf,: 12 = 7.9 trips I 54% entering - 4.3,trips ~~. 46% exiting - 3.6 trips Peak Hour of generator, AM t/~J ' '1.28/1000 sf ,,: - 15.4 trips 500.10 entering - 7.7 trips --. . - Agenda Item No. 78 May 25, 2004 Page 26 of 54 I ., . . :500.4 exiting: 7.7 trips .~--- . Peak Hour of genera::or. PM 1.41/1000 sf;( 12 = 16.9 trips 59% entering - 10.0 trips 41 % exiting - 6.9 trips 00 a Sundar 36.611~ sf:, 12 - 439.2 trips 50% entering - 219.6 trips 500,4 exiting - 219.6 trips Peak Hour of Genera tor 9.4911000 sf,; 12 = 113.88 trips 51% entering - 58 trips 49'.4 exiting - 55.8 trips Trip Assignmeat All traffic will be ente ring from the South and exiting to the South on San Marco s 'Blvd At Radio Rd. traffic will be evenly split SOOAt East and SOO/. West. EDstiDg TrafI"lC - Radio Rd. 22.943 AADT 24.778 PSDT LOSe Impact of propoHd 1IH The proposed church M11 have minimal impact on Radio Rd. The project will generate less than 0.5 % AADT. Since thc church is currently having services elsewhere, it is cxpected that the project will relievc traffic from other roads while having minimal impact on either of these road s. .- Agenda Item No. 78 May 25, 2004 Page 27 of 54 - _.~....._._-~_.__.~.__..- M^__ ~.._. ,- "-^'-'.--'--- . " . STATEMENT OF lTllJ1Y PROVISIONS FOR CONDmONAL USE REOUEST 1. NAME OF APPL[CANT: Apostolic Assembly of the Faith in Christ Jesus IJ~ 2. MAIUNGADD~ESS: 2780 1011a Ave. SE - CITY Naples ZIP 34117 3. ADDRESS OF SllJJECf PROPERTY (IF A V AILABLE): 1235 San Marco Blvd. 4. LEGAL DESCRIlmON: Section: 31 _ Township: 49 Range: 26 Lot: 9 BI oele Subdivision: Plat Book Page #: Property LD.#: 00294320004 Metes & B~undJ DeKription: . See 31. Twp 49. Rng 26: N ~ ofSH ~ ofSW ~ ofNE 1/4 . Less the W 30 ft. road RfW. Collier County FL. 5. TYPE OF SEW AGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM D b. CI1Y Um.JTY SYSTEM 0 . c. FRANCHISED um..rrv SYSTEM 0 PROVIDE NAME d. PACKAGE TREATMENT PLANT 0 (GPD capacity) e. SEPTIC SYSTEM rxJ 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILI1Y SYSTEM 0 b. CITY UTD..JTY SYSTEM 0 c. FRANCHISE D um..rrv SYSTEM 0 PROVIDE NAME d. PRIVATE SYSTEM (WELL) ~ e -' - Agenda Item No. 78 May 25, 2004 Page 28 of 54 , , . . 7. TOTAL POPULATION TO BE SERVED: 400 seat church ,-, 8. PEAK AND AVERAGE DAll..Y DEMANDS: A. WATER-PEAK _3,750 AVERAGE DAILY 1500 B. SEWER-P~;AK _3.750 AVERAGE DAILY - 1500 - 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUN1Y REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: . , - 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage trc:atment process to be used as well as a specific statement re:~ding the method of effluent and sludge disposal. If percolation ponds are to be used, then :percolation data and soil involved shall be provided from tests prepared and certified by a J:rofessional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services bClundaries of Collier County's utility service system, writtell notarized statement shall be pl 'ovided agreeing to dedicate to Collier County Utilities the water distribution and sewa,~e collection facilities within the project area upon compktion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the appli~ble system development charges and connection fees will be paid to the County Utilities Division prior ,- to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for :;erving the water and sewer systems. 12- STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or oth~rwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a, statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Ut11t7 r-nm.IoR sw--t RJM 10ll7f')'/ ,..-.. Agenda Item No. 78 May 25, 2004 Page 29 of 54 .__.~_.~ ". .~."- -'-.....- . , COJIDITIONAL USE APPLICATION . SUBMITTAL CHECKLIST THIS COMPLETED ClfIECKLIST IS TO BE SUBMJTJ'};D WITH A)>>PLICATlON PACKET! REQUI~~MENTS #OF NOT COPIES REQUIRED REQUIRED 1------ L Completed Application 16* X 1----. 2. Copy of Deed(s} and list identifying Owoer(s) and all 2* X I--- Partners if a Corporation 3. C()mpJeted Owner/AgeDt Affidavits, Notarized 2* X 4. Pre-,application notes/minutes 16* X ~. CGnceptual Site Plans (illcluding (1) 8-112 X 11 copy) 16* X .-.------ r 'I ,';yjronmental Impact ~;tatement - (EIS) 4 NA ., -- ~.~ 7. Aelial Photograph - (wi1:h habitat areas identified) 5* X 8. Completed Utility Provifions Statement (with required 4 X .' '~;1.d.ments and sketcht~) -- ---..-, 9. Traffic Impact Stateme.lt - (TIS) 4 X 10. Historical & An:baeolo~icaJ Survey or Waiver 4 NA Application 11. Copies of State and/or Federal Permits 4 NA 12. Architectural ReoderiDI: of Proposed Structure(s) 4 X 13. Application Fee, Data C onvenioD Fee, Check shaD be - made payable to Collier County Board of Commissionen 14. PUBLIC PARTICIPATlON MEETING: APPLICATI()N SUBMrITAL: Copy of Affidavit attesting that aU property own en, civic associations & proJ>erty owner associations were notif"Jed. Copy of audio/video rec,)rding of public meeting "'riUen account of mee1 ing. 15. Other Requirements - · 1JoI::uments required for Long-F:ange Planning Review As the authorized agent/applicant for this petition, I attest that all of the information indicated on this cbect1ist is included in this submittal package. I understand that failure to include all necessary submittal information may result in~~~~ /~v -L ~~ Applicantl Agmn 19nature Da~genda Item No. 78 May 25, 2004 Page 30 of 54 . -. -+- . , . - AFFIDA V1T We/I, iiLlICltO" ~~) ~ A J Jaf}o....being first duly sworn, depose and S:lJ' that we/I am/are the owners of thtfproperty described huein and which is the subject matter of tIN proposed hearing; that all the answers to the questions in this application, including the cfisclosure of interest information, all ~~tches, data, and other supplementary malter attached to and mode a part of this application, are honest and true to the best of our Icnowledge and belief. Well understand that the informeltion requested on this application must be complete and cJccurate and that the content of this fon." whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, ami all required information has been submitted As property owner WeRfim'her authorize Terrance Kepple to act as our/my representative in any matters regarding this Petition. d1f/l;f;i ~~ Signature of Property Owner Signature of perty ~'r - !dll~;JI .AJJ>/~//;fi Type or Printed Name of Owner Typed or Printed Name of Owner , Theforego~~~edged before methh _j$'fk doyof ~~ . 2063 by . who is personally known to me or rodu.:ed ~-f+l.f35 --n () as identifiCation. (PJ -3050- ' State of Florida (Si ~ re of Notary Public - ~Jte of County of Collier Florida) r:>:~/.',' ' VI .......----.-...-.'..~ ......;,,: .,:~, ,.I:i i,'U:-3~l\fi:' "i~ --Jt hI' )", X. /Y)I.I,'X' .a-k--- ..':;;::~:'.:l;~!-i 1,~~~.~.~:~'::" ~~ \, ','. ~i _ _ ':0. .:~. _ _tl _ ~ ___ ::I.Il~ ."~~~:~,~~~~,,'l!' ~__ ~_ it (print, Type, or Stamp Commissioned '.,.. .,.....- ...--;.,......~., -_......._---+-- "'-:...' Name of Notary Public) ,- Agenda Item No. 78 May 25, 2004 Page 31 of 54 ~._. ._-,-_.",..,,~ "..-.-......... ._.,..^,,~- --.-"..- "This IDSlrumcul Prepared Wilbout C pinion By: ttan Bailey, Anomeyat Law CU-2003-AR-4003 ..997 181b Av_ SW Naples. FL 34116 PROJECT # 19990668 DATE: 4/1712003 KAY DESELEM rSpace Above This Lioe For Reconlin, Dalal Warranty Deed (Slatulory Form. FS 619.02) This Indenture, IIIIIde Decembw 17. 1996, betweea RIOIARD D. JARVIS. a married maa, of tho::taIe of Florida in the Couoty of Orup. 3raolOr, whoso poll office .ddreu is 2053 Woody Drive. WindermeR, Florida 34716, IIId APOSTOLIC ASSEMBLY OF TIrE FAITH IN CHRIST JESUS. 1Dc., wbose post office address is 10807 Lawe1 Street. lWaclJo Cucamonga, Califomia 91730, aDd wboee PederaI Tax ID is 95-M879S5, Graotoe; \Vitnesselh: That lbe aid Grantor, for IDll in coasideratioa of the IIlDI of $10.00 aDd other valuable consideratioo, to Grantor ill haDcI paid by tho said Grutee. tho recei:lt whereof is ben:by 8daIowIedged, baa JlUIed, baraaiDed aad IOId 10 the said Granl:lO, aDd Grantee's beirR aDd auipa fOf'llVff, tho followinl deecribed Iud, to wit: Tho No r1h 1/2 of tho Soul! oeul 114 of the SoutbweIt 1/4 of the Nortbeas& 1140 f Sectioo 31, Township 49 South, RanII' 26 East, Lea the West Thirty Feet (30') RRlVed b roed ri,bt-o~y and .Iililia, as ~rded in iDslnllDCllC in Official Rex,rds Book 610, Pap 1989, Public Records of Collier Couoty, Florida. GRANTOR W ARRANTS AND lUPRESENTS TIIA TTHE PROPERTY BEING CONVEYED IS UNIMPROVED ACREA<: EAND IS NOT THE HOMESTEAD PROPERTY, NOR CONTIGUOUS TO THE HOMESTEAD PROPERTY, OP GRANTOJr, WHO RESIDES AT 2OS3 WOODY DIlI'TE. WINDERMERE, FLORIDA 34786. (For IDformatiOD Only: Propeny AllPfaiser's Tax ldeatificatioD Number is 002943200(4). To have and 10 bold the sa_ in te, simPle forever. Together with &IIY ud all ~Ia, bend.itlutlalla IIIId ~ thereto beIoctJiDI or in 1IIIywi8e appertaiaiu,. Sl.l!jOClto ':a5emeats, resllictioaa, .-vetioaf IIId limilatiou of record COIIUDOIIIo the lUbdivisioa. maiD, aDd ocher JOVWDIDOIItaI rq ulUioa. ;JDd taxes for tho cum:at yew and I~ years. And tho said GflllllOr dora hereby fully wammt the title 10 said Jand, aDd will defald the same apiD&t !be '-ful cw- of .111 persons whOmsoever, WbereYer Ulled herein, tho ten. "Gr&IItor" aDd "Grantee" Ihall iDcIude all tho partia 10 this iDstruuxot &Dd tho bein.1epJ represeolatiY'ell llIICI spa of iDdi\ idaab, &Dd the succc:saon aDd assiJDI of c:orporali<lIIs Siped, seaJecl &lid delivemf in the pr--. of: Sip ~~ Sip a4"lLJy2~/:"I' (Seal) NO.1 RICHARD D. Jf-RVlS Print ./CAAr/ p. S~)o!.S Print RICHARD D. JARVIS WITNESS NO.1 . "- Sip A/I~ ~ 1 ~ .Lt./ hiCi9 WITNESS NO.2 Print "", I """ 'A-IlL hot ( tOOf7X' WITNESS NO.2 STATE OF FLORIDA COUNTY OF t'~ The foreeom, . ,meat NaB ackDowIedpd before me this / ~ day of j ,..,J~ A-/Z 'f --I~ by RICHARD D. JAAVIS..wbo l.k::rwlI8 ~Iy bow1IlO _ or wbo L-> buIhav. pI'Oduced - as identi6catioa. ~~~ - Slate of Florida at I...vp {NOTARIAL SEAL~ Commillioa Expira: A~da Item o. 78 Commiaaioa No.: . 'i. ..,::ml~ 2004 * * ~~320f54 _w ~.",. -..-,- CU-2003-AR-4U03 \ ! . ; " . PROJECT # 19990668 ,. '-' . . DATE: 4/17/20~13 ,- KAY DESELE1'1 (:ONDITIONAL USE PETITION :PRE-APPLICATION MEETING NOTES - & SUBMITTAL CHECKLIST Date: ~... 22,-02. Time: 3- pm Planner: '(..A. "(' \)E~ 'ELEH Project Name: ~POS\t) Uc.. CL.1U2..C~ Project Addr/Locatinn:' ,\ 235 ~~ l-tAe..c.cs -:a. LV.D Applicant Name: -r "FV ~V ~~ Phone: 403 -.\7So Firm: Kt.wu:- t:.~ - Type of Petition: CU, f81 C'n.ur-c.,^ \'E \1 Current Zoning: -- Owner Name: - -- Owner Address: Phone: - - Meeting Attendees: ~J ~ p:~aC. SUB MITT AL REQUIRE,\IIENTS: t'9 Application, com )Ieted t'--O Addressing Chec:klist signed by Addressing Dept ~ Pre-application meeting notes 'f-O 16 copies of Conceptual Site Plan 24" X 36" plus (one 8 ~ X 11 copy) ~J Copy of Deed(s) - ~ Completed Owner/Agent Affidavits, Notarized Environmentallrr pact Statement (EIS), or waiver. - w~ ~ ' ~ Aerial Photograpll (taken within the previous 12 months) Agenda Item No, 7B Statement of utiliiy provisions (with all requirod attachments & sketc~ 25, 2004 . e 33 of 54 I .,-- ...,,-.-- ". ,--~. _.~~.""---,,- '. . -.. --..-- " .~ ~ Traffic Impact :;tatement (TIS), or waiver . \y+ Historical and Archeological Survey, o~ \I>lJ( '''@ Copies of Stale and/or Federal Permits- '-/1"" ~ 'bJ Architectural R1mdering of ProposedStructure{s) tJ o....-'f- ~ Pre-application Fee $300.00 (to be credited toward application fee below) ~ Fees: :;2000.00. Application Fee 25.00 Data Conversion *$300.00 if filed in conjunction with a rezone petiti on OTHER RECUIREMEUTS: ~~rJ~ ISSVL O-r MLd 0 0 ~ Wo,-U (Q.~Ul(Q. 0 0 NOTES: -r7S , S; D € w A c...k.... f:-I-.J D'S . '51t>G~ to ~ f-\IGf.l VIS, 51 ur{ X - t.,...IAU::.:5 . , (0" /-4ANDt CAf.~ '-IN~S 'S;,OP Co"-i~ L"S , 1t' ~o~ \.-.,~ ~.> 'v\.O+ O\A.. c.0 """''-4..t..e....G. u::.J ~~ ~ \~'~ ~.L~ ~ ~~~~\ er lJ!>\l~_k.r ~{-tk.,$1 c-r~.\-.cz,J.v~~\ g~~ c::lo \A.O~l:>~~' c..V, E~su(!-~ o.....~ sDP ~1CNl9 C\(Q SOU~~~ ~~- Sl)p e \(L, lCOT \-0 c-u rt~: . No \NAII1...JGr FO-e.. ADPn.e-56l~ ~f-Us1~ ~ c..~L GJ.~v E \ z:~'t A c, P\{ b~ L\~A. ~.. S- c...~~ ~ "5? \J'p\ \c.. ~~~'l1 ~ Agent/Owner Signature Date: Agenda Item No. 78 May 25, 2004 Page 34 of 54 2 i PRE-ApPLICATION MEETING , n SIGN IN SHEET ~ - '/\'PD51DLlC tJ-\JJ~C~ CCiJ l735 ~ HA2cc.s ~-28-02- Project Name Date of M'~eting I Pa.eASE ~ , Name Division/Dept Regarding Phone Number , Kay Deselem CDES/Plng Srvcs Current Planning (239) 213-2931 ~(~ l;, f2~t. tJ ~ \U~I;.J..: ~u E MG , {('V (,v. ClI. ,. 6~ -::.-7~-1 ~C(..(,A/~ \A~ C4/ZeNf 7"-'+I'1/N'LI\I6 ,~~. $7 z.<=1 -euSS J\1u l I r;:e f:N G ,,.jEt:; rc...t ,...J Gr ""'f.o5- 2400 c,-u:. rr 0 f2- i1' !) G~~i<.C.1 A C. C. 77<ArJS. k"".v}J(N& .;<. Ig-Sa (9 - ~ 6<~ ~ 5)6- 21ff{-- etnlen - b<1lf -/rtl, ? /f;P"j, ~1': r2J ~,-) 7~ . . - . ,- F:\forms\Pre-App sign in ShE!et.doc 6/6/02 Agenda Item No. 78 May 25, 2004 Page 35 of 54 ,~.".__.-.. "-~'-"-"""-"'-'------'-""~-" _.,.,-,.---- -,- .~.~._-- ,- ",----- r'~. . , . ADDRESSING CHECKLIST Please complete the following and S'Jbmit to the Addressing Section for Review. Not all item~ wiJl apply to every project. Items in bold type are required 1. Legal description of su~t pro}erty or properties (copy of lengthy description may be attached) _ ?",p~, ~/~"#~ 2. Folio (property JD) Dumber(s) of above (attach to, or associate with, legal dllScription ifmore than .one) ~tJ"'?(f J ~CJ/.1tJ Lf '.. 3. Street address or addresses (as a,ryplicabJe, if already assigned) /1r,~ ~- "., #J,,,/&~ //v/ 4. Loc~jj(}";l mnp, showing exact I((:ation of project/site in relation to nearest public road right-or-way (attach) S. Copy of survey (NEEDED ONL Y FOR UNPLA TIED PROPERTIES) 6. Proposed project name (if applicable) . 7. Proposed Street namest(ifappJica~le) 8. Site Development Plan Number ,:FOR EXISTING PROJECTS/SITES ONLY) SDP - 9. PetitioD Type - (Complete a sq1arate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) o PPL (plans & Plat Review)' o S~)PA (SDP Amendment) o PSP (preliminary Subdivision Plat) o SDPI (SDP Insubstantial Q,ange) o FP (Final Plat) o SIP (Site Improvement Plan) o LLA (Lot Line Adjustment) 0' SIP A (SIP Amendment) o BL (Blasting Permit) o SNR (Street Name Change} o ROW (Right-of-Way Pennit) o Vegetation/Exotic (Veg. Renoval Permits) o EXP (Excavation Pennit) ~ Land Use Petition (Variance" Coadiji<maU)se. o VRSFP (Veg. Removal & Site Fill Permit) Boat Dock Ext, Rezone, PUD rezone, etc.) o Other - Describe: 10. Project or development namc;o. J'Ioposed for. or aln....:y appearing in, condo~inium do~'rnents (if applicable; indicate whether proJ'osed or existing) fI. P~ease Check ODe: 0 CheckIi:rt is to be Faxed Back ~crsonally Picked Up . 12. ApplicantName -';'r/',1" 'f:ifrlt' PboDe 'I~J~ Fax 13. Signature on Addressing Checklist d not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY HfCflVED Primary NWlllber 33l:z33 Address Number AddrcssNwnber Address Number a*~~~ May 25, 2004 Page 36 of 54 Revised 3-21-01 RE-SUBMITT AL CU_2003-AR-4003 PROJECT #19990668 DATE: 9/16/03 KAY DESELEM _..- - - - . Naples, Florida 34104 · (239) 403- 1780 · Fax (239) 403- 1 787 Kay Dcselem Planning Services 2800 N. Horseshoe Dr. Naples, FL 34104 September 3,2003 Re: Apostolic Assembly of the Faith in Christ Jesus CU-2003-AR4003 Public Infonnation l,feeting Dear Ms. Deselem, - The referenced meeting was held on October 16,2002 at the Golden Gate Commurity Center. lbere were sevl:ral neighboring property owners in attendance. During thl: meeting, we discussed the plans for the church and attempted to address the neighb:>rs I:oncems. On behalf of the church, we did agree to have any/all parking lot lighting a maximum of 12 feet in height as well as directed away from neighboring property. Respectfully, ~~~ Terrance L. Kepple .- Agenda Item No. 78 May 25, 2004 Page 37, of 54 .---,---,-- ~"'.~"-- _..._- ---,,--,- .-_.' . ".~. -- -- ... ,.pt.bu,..rlnfo,milltrotf... ....-etlng . . I : I " ." " " .. , ' Apo~tolic Ass~mblY of the Faith inJ~hrist Jesus I , Mark Your The meeting . ,wH~._._b~ held on Calendar, Wednesday, October,'16. 2002, at To Attend the Golden Gate Community Center, : 4701 Golde3n Gate Parkway, Naples. : The meetirlg will start at ~ Purpose Infonnmembers of-the public of a of Public proposed conditioned, use of a 4.7 Infonnation acre parcf31 located at 1235 San Meeting' Marcos Blvd. In Sec. 31, Twp. 49 S, , Rng 26 E. Proposed To estabUsh a conditional use to Project' allow developm'ent ,of a church, : Description church ofUee and related fapilities. Got j.n Got. Parkway Proposed Church "Ii ' ~ I II:: m ~ Rodlo Rd. e . I ~ 0 -e i < EB 2 c 0 , lI'l I Davie Blvd I :We Value Comments ancl other information .Your Input' relevant to, the proposed petition I may pe submitted at the meeting, , either verbally or in writing, or by I mai'f, ph()nf~, fax, or e-mail to: : l.inda'~e~9Iyon, Interim : " ,', Communit~' Planning COQrdinator, , Communit)' Development & Environmental Services Administration ~ 2800 N. Horseshoe Drive Napl~s, F;.L 341 04 (239) 213-2948, Agenda Item No, 78 FAX:(239) 403,-2395 May 25, 2004 lindabedtelyon@colliergov.net Page 38 of 54 . No. 99Il42t\84 ~ Q, lltlIl? . Apostolic Assembly - property owners list DE JOHN, LOUIS=& PHIUIS D -" 220 BLACKMAR ST THOMAS, CHARLES J NEWARK NY 14513 CAMILLE MARIE L mOMAS PO BOX 1615 BARBUTO, JAN P--& ROBERT J NAPLES FL 34106 4141 FAMILYCIRCLEG:~ NAPLES FL 34104 HICKS, mOMAS E COLLINS, MARlL YN 1290 SAINT CLAlR SHORES RI) NAPLES FL 34104 4005 F AMll.. Y CIRCLE CT NAPLES FL 34104 LENTOVICH, MICHAEL N=& ~IARY L MALLARD. JOSEPH L 1270 SAINT CLAlR SHORES RD 4140 FAMILY CIRCLE CT NAPLES FL 34104 NAPLES FL 34104 MENTCR, ALBERT L NEVINS, BISHOP JOHN J 1258 SAINT CLAlR SHORES RD DIOCESE OF VENICE NAPLES FL 34104 1000 PINEBROOKRD VENICE FL 34285 LA YTON,10SEPH=& TERESA H 1170 SAINT CLAIR SHORES RD Ml.1RPHY, MICHAEL==& LISA NAPLES FL 34104 971 SAN MARCOS BLVD NAPLES FL 34104 SMITH, GEORGE G=& ANITA U ,~ 1387 MARLIN DR HAUCK, WILLIAM H NAPLES FL 34102 MARY E RAMOS 4417 ALHAMBRA CIR W # 2 SWANNER, JAMES T=& BETTY M NAPLES FL 34103 1028 SAINT CLAIR SHORES RD NAPLES FL 34104 MORALES, JOSE MIGUEl. 3182 BARRETT AVE ARVOY, JOSEPH NAPLES FL 34112 DAVID ARVOY 140 PORTER CT CLARK, OONALD R=& BETTY J BOWLING GREEN KY 42103 PO BOX 207 M.~CO ISlAND FL 34H6 COLE, RYAN E RICHARD S & ESTHER A COLE GRDN 1255 SAN MARCOS BL VI> NAPLES FL 34104 HARMON, WILLIAM E=&: CHERYL A 1261 SAN MARCOS BL VI> NAPLES FL 34104 - Agenda Item No. 78 May 25, 2004 Page 39 of 54 -"-"._.~,-""-"- -"'''~- -...- PUBLIC PARTICIPATION MEETING \ df 2- SIGN IN SHEET A~OS1OUc:... CHu~C\-\ G-OL-OeJ &\E c..ot-l\':-\0uqy ~ \0('10/02- Project Name Meeting Place Date of Meeting .... !'!:::-:-:e St~"""t AtltlrAAA Phone Number Kay Deselem 2800 N. Horseshoe Dr.. Naples FL 34104Co/ller COU'lty Government (239) 213-2931 ~'tc. rl1)tY\\.bu~/\ 1 J..d-~ S:l- ~/141r Sk~, ~ (, ~3 " (0 (,'(2 ?;-r~v, I~./r, 'JCJ"/./h ft .r-C)4~"" d-l// tft!'/J -/7~ UNDA- '6€Pl'E.L'fo~ ~LLtE;lZ. Co. (~~~V...H..r{~.c.ooeDIIV^'TOft. (z.~ ~J ~-.(}.qH-% y(t/[J cLIJ.t:J!:::" 2f,n ~/lJn a NaAlJO f/.d:J 39lfi}7/7 :rCNf C-(vk.. /0' N (Jqr;/eld. fJ/l. /!/Ul/{,O {PLf<.7c:'3(; ~'"'-J~~ ~. to\..o.. 12..~ S I M14~.s. ~l vel ~\..~ c-{3t;-/t/~L. ! ')tIt! ./-;<;; ft!{j~lty ,97/ ...~P~ ~ ,(/~k.., .y'.JY:-i/7c.S Jl.Y 1/", rz'b /1;(P,<!.rt1 QI .3~/ 17 5:11 ,;; 1// ;m/Q/lJhlr . JC),!) v ~ ~'ItO .9 ~b.o ~-i- Th~\J..f.~ y/vl rCUO\ '!J c.... c f. rL.r-/PJ .:{ c. I -6R;J, { . I V 7i1/ ~ ' , I,. -t. ~ '" . ,- - ^ I ~ t!' ,... I I AI ", /. ,I;> A.J ""4/ ~ T a.,-, I W/T",? r- . ?1 a- ,-r-'" ,..,., /,.....""- "",- - J{QJtlLfJi 1... Ooc,(,(AJ~ -1'tJt?,7 F~q/.(,( /1;12 C!r lJAPt-8? 'f,=3S--?'?/?' ::J;/-IV C"l,.4 ~s /r It' e( 'Y ~ /d~:,~!;'Z~u, 7B May 25, 2004 F:\formslPublic Participation Meeting slgn in sheet.doc 10116102 Page 40 of 54 ~ PUBLIC PARTICIPATION MEETING 2- of 2- ; SIGN IN SHEET (:\Kbm-U c... C-U.l)~t\ Gol~~k.. GrrnM~~ ta-~k \O/U;/02- Project Name Meeting Place I Date of Meeting I .... N!!:"!"!e S'MA' Address Phone Number , Kay Deselem 2800 N. Horseshoe Dr.. Naples FL 34104Co11IerCounty Govemment (239) 213-2931 C~._.. ,,~< ".., iU<,., iJ.,.., ,2.3f 1,'11 f".?.:J/ ~/-- r~(lt./ _~ 7~~~~ ~fi ~~- ~ I Ayt:lldd 1lt:1I1 Iqu. Ie May 25, 2004 F:\formslPublic particlpatlon MeetIng sign In sheet.doc 10116102 Page 41 of 54 - , -,--.-... ~-----~. _..."-,,.~ RESOLUTION 04- - A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CHURCH OR OlliER PLACE OF WORSHIP, CONDITIONAL USE NUMBER "}" IN THE "E" ESTATES ZONING DISTRICT, PURSUANT TO SECTION 2,2,3,3 OF THE CO~LIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Lt:gislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power t,) establish, coordinate and enforce zoning and such business regulations as are necessary for tht: protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Developnent Code (Ordinance No. 91-102, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing aft~r notice as in said regulations made and provided, and has considered the advisability of Conc.itional Use "I" of Section 2,2.3.3 of the Collier County Land Development Code in the "En Estates Zone for a church or other place of worship on the property hereinafter described, and has found as a matter of fact (Exhibit 'An) that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 ofthe Land Devekpment Code for the Collier County Planning Commission; and WHEREAS, all inlerested parties have been given oppOrtunity to be heard by this Board of Zoning Appeals in a public meeting assembled and the Board having considered all matters presented, NOW, THEREF0.m, BE IT RESOLVED by the Board of Zoning Appeal:; of Collier County, Florida that: i The petition, identified as CU-2003-AR-4003, filed by Terrance Kepple of Kepple Engineering representing 1 he Apostolic Assembly of the Faith in Christ Jesus, Inc" with respect to the property hereinafter described in Exhibit "B" attached hereto and incOlporated by reference herein be and the same is hereby approved for Conditional Use "I" of Section 2.2,3.3 Collier County Land Devdopment Code in the "En Estates Zoning District for a church or other place of worship in accordance with the Site Plan (Exhibit "C") and subject to tht conditions Agenda Item No. 78 May 25, 2004 Page I of2 Page 42 of 54 - -, found in Exhibit "D," an;! all four exhibits which are attached hereto are incorporated by reference herein, BE IT FURTHER RESOLVED that this Resolution be recorded in the minute~, of this Board, This Resolution adopted after motion, second and majority vote. Done this day of ,2004, A'ITEST: BOARD OF ZONING APPEALS DWIGHT E BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk DONNA FIALA, CHAIRMAN - Approved a~ to F onn and Legal Sufficiency: ~~- Patrick . White Assistant County Attorney Attachment,>: Exhibit A - Findings of Fact Exhibit B - Legal Description Exhibit C - Site Plan, entitled, "Site Plan for Apostolic Assembly of Ffith in Christ Jesus," dated February 2,2003, which is a one-page plan pl't'pared by Kepple Engineering, stamped received December 29, 2003 Exhibit D - Conditions \ C\; -2003.AR-4003fKDllo - Agenda Item No. 78 May 25, 2004 Page 2 of2 Page 43 of 54 . -~_.~- -,,-"-'^"" - .,..~.._~.",-- ,_._.^'~ --"." FINDING OF FACT BY COl.J..IER COUNTY PLANNING COMMISSION FOR A CONDnnONALUSE PETnnON FOR CU-2003-AR-4003 The following facts are fo und: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the cond ltiOnal use will not adversely affect the public interest and will not adversely affect o'her property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Manageml~nt Plan: y~-L No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, tnffic flow and control, and access in case of fire or catastrophe: Adequate i tlgress & egress y~,/ No - C. Affects ne ,ghboring properties in relation to noise, glare, economi ~ or odor effects: /' No affect or _ Affect mitigated by __ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible: use within district Yes /. No - Based on the above findings, this conditional use should, with stipulations, (copy at:ached) be recommended for approvd to the Board of Zoning Appeals. N/~oVb DATE:~J !/~/O4- CHAIRMAN: fJ M".lf A &.L Ru~~H t)~~~ EXHIBIT A Agen a em No, 7B May 25, 2004 Page 44 of 54 . .- FINDING OF FACf BY COL:LIER COUNTY PLANNING COMMISSION FOR A CONDmONAL USE PETITION CU-2003-AR-4003 The iollowingfacts'are fe,und: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the cond itional use will not adversely affect the public interest ani will not adversely' affect other property or uses in the same district or neighborhood because of: ' ' A. Consistency with the Land Development Code and Growth Management Plan: Ye:;J " No - B. Ingress ant I egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and contro I, and access in case of:fire or catastrophe: ~- Adequate ingress & egress / Ye:;'-' No C. ' Affects ne ighboring properties in' relation to noiset glare;. economi c' ' or ,odor effects: _ Nodject or .~Affectmitigatedbym.\\\j~t~ t.J/ U-ICZI~ __Affect cannot be niitigated ,', ,'" D. Compatibility with adjacent properties and other pro}>erty in the distrlct: Compatibl,:,use within district, , ' Yell J ,', No - Based on the above findingst this conditional use should, with tipulationst (copy attached) be ' recommended for, approvul to the Board of Zoning Appeals., ". ~1 MEMBER: DATE: ..1/1) .~ - - ~... ElooarrA , \ ' Ag\nda Item No.'7B May 25, 2004 bR-AD ~ .~e~ 45 of 54 ~-,-,~~-". '~-'-','- -,~._~ " -.,.-- . FINDING OF FACT BY COLI,IER COUNTY PLANNING COMMlSSION FOR ACOND~ONALUSEPETnaON CU-2003-AR-4003 The following facts are fOlmd: 1. Section 2.6.33.4.1 :>fthe Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistenc:/ with the Land De7ent Code and Growth Managem(:nt Plan: Yes_ No~", , I B. Ingress and egress to property and proposed structures thereon with particular I reference t) automotive and pedestrian safety and convenience, traffic flow and control, and access in case offue or catastrophe: Adequate ingress & egress " ~ Yes_ No~ C. Affects neighboring pro . es in relation to noise, glare; economic: or odor effects: _ No ale or _Affect mitigated by t...~ _ Affect Cannot be mitigated D. Compatibility with adjacent properties and other property in the distric;t: Compatibk use within district // Yes_ NO~ Based on the above findin gs, this conditional use should, with stipulations, (copy attached) be recommended for approval to thellQard of Zoning Appeals.. ~ DATE:~ I, - CJV MEMBER; \ '" I:XHIBIT A Agenda Item No. 78 May 25, 2004 Page 46 of 54 FINDING OF FACT - BY COLI.IER COUNTY PLANNING COMMISSION FOR A CONDnnONALUSE PETnnON I CU-2003-AR-4003 I The following facts are fOlmd: 1. Section2.6.33.4.1 of the Land Development Code authorized the conditionalllse. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect o1her property or uses in the same district or neighborhood because of: A. Consistenc:{ with the Land Development Code and Growth Managemc:nt Plan: Yes ~No - B. Ingress and egress to property and proposed structures thereon with particular reference t,.) automotive and pedestrian safety and convenience, traffic flow and control, and access in case of:fire or catastrophe: Adequate ingress & egress Yes V" No - C. Affects neighboring properties in' relation to noise, glare;' economi,; or odor effects: _ No a:'feet or _ Affect mitigated by hwlifJ: .-,r~.M __ Affect cannot be mitigated . , ' D. Compatibility with adjacent properties and other property in the distri.~: Compatible use within district / Yes t/ No - Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DA TE: d;~!( 5 / () t:f- MEMBER, 7Jt1/L - /k ,.: I I jJ ~-- ,I, 1:xHISrrA - Agenda Item No. 78 May 25, 2004 Page 47 of 54 <_____...___,._'um___.'.____..>_._."" --' ..._--- "....-...- FINDING OF FACT BY - COLLIER COUNTY PLANNING COMMISSION FOR A CONDmONAL USE PETITION CU-2003-AR-4003 The following facts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional ~.lSe. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect 01her property or uses in the same district or neighborhooe, because of: A. Consistency with the Land Development Code and Growth Managemcmt Plan: Ye! - No /' B. Ingress ane. egress to property and proposed structures thereon with :~cular reference tJ automotive and pedestrian safety and convenience, traffic flow ! and control, and access in case offue or catastrophe: f e Adequate ingress & egress No /' Yes - C. Affects neighboring properties in'relation to noise, glare; economic; or ,odor effects: ~ No aff"ect or _ ~ Affect mitigated by S ~ 'p (,LI \ '^'..\., d-, 1 ~ __ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the distri,:t: Compatibk use within district Yes - NoL Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for appro va I to the Board of Zoning Appeals. ' DATE: t1- 1<;""0 l{ MEMBER:hL}~L f.Aft~ 1:xtiIBIT A Mo..i\~ndfJefr(.N~ 78 May 25, 2004 Page 48 of 54 r ,- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR ACONDnnONALUSEPE~ON CU-2003-AR-4003 The following facts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional\18e. 2. Granting the cond itional use will not adversely affect the public interest and will not advt:rsely affect o'her property or uses in the same district or neighborhood because of: A. ,Consistency with the Land Development Code and Growth Managem1mt Plan: Ye~ /" No - B. Ingress and egress to property and proposed structures thereon witht>Brticular reference to automotive and pedestrian safety and convenience, trdfic flow and control, and access in case offire or catastrophe: ,- Adequate bgress & egress Y~ - No Y.. C. Affects neighboring properties in'relation to noise, glare;, economil~ or ,odor effects: _ No ~ffect or, _ Affect mitigated by ../ .:. Affect cannot be mitigated i Compatibility with adjacent properties and other property in the distri::t: D. Compatibl.' use within 7 Yes_ No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) be , recommended for approval to the Board of Zoning Appeals. . , \~----- , , I ~: / I (r 0 1_, I )~ l~-~ I DATE: MEMBER: I I 1:xHIBIT A ,_. I , ----I I '~ Agenda Ite!11 No. 78 I eO k ~....0r ~~2004 I of 54 I \ . -~._- ,.",.-." ~"'-"'"""" .. .-....."..-.---- lirld~ adelst.ein 239-732-0966 p Rpr 19 04 02:25p FINDING OF FACf BY C(IUIER COUNTY PLANNING COMMISSION FOR A CONDmONAL USE PETITION CU-2003-AR-4003 The following filets arelOUIkl: L Section 2.6.33.4.1 of the Land Development Code authorized the conditioml use. 2. Granting the conditional use will not adversely affect the public interest clIld will not adversely affect other property or uses in the same district or neigbborbcod because of A. ConsisteICY with the LatxI Development Code and Growth Management Plan: y,~ _x_ No - B. Ingress and egress to property and proposed structures thereon with particular reference 10 automotive and pedestrian safety and convenience. traffic flow and control, and access in case ofme or catastrophe: Adequate ingress & egress Yes _x_ No - C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _x_ No affect or _ Affect mitigated by - __ Affect cannot be mitigated D. Compatibihty with adjacent properties and other property in the district: Compatible use within district Yes _x_ No - Based on the above findirli~~ this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board ofZo~~ --~ DATE: Lf II S' J D 4 MEMBER Lindy ADEL~ , ' EXHIBrr A Agenda Item No, 7B May 25, 2004 Page 50 of 54 -~._.- ____~ __..__n .____ FROM :REFLECTIONS FF~OI1 A SIl'~R POND FAX NO. :1239417'3'315 Ma~. 10 2004 02:04PM Pi - FINDING OF FACf , BY '--./ COLI,IER COUNTY PLANNING COMMISSION ,FOR A CONDmONALUSE PETITION CU.2003-AR-4c03 The following facts are fo'md: 1. Section 2.6.33.4.1' of the Land Development Code authorized the conditional USt~. 2. Granting the oondi tional, use will not adversely affect the public inte.teit aild will not adversely affect otber property or uses ,in the 58JDC district or neighborhood l:cC8USC of: . , A. ,Consisten~' with the Land DeVelopment Code and Gro~ Management Plan: Yes ~' No){, B~ Ingress and egress to property and proposed structures thereon with particular - reference to automotive and pedestrian safety and convenience, ~ c flow and control, and aCcess in case of fire or catastrophe: , '--'" Adequate iItgre$S & egress Yes_ NoK' C. . Affects nci.~boring properties in:relation to noiseJ glare;: economic"'('f odor effects: _ ~fecl or. _ A1fect mitigatt:d by - . Affect cannot be ~~gated D. Compatibility with'a~acent properties and other property in the district: Compatible use within district , VCS_'No4 Based on the above tindiDl:s. this conditional \ISO sho1ild, wi~0D3' y attached) be rerommerllkd r. proval to the Board ofZonlug Appeals... . t/J:r tf . .. DATE: . I I (), MEMBER:' ~',:' i ,- : 11M A ~ Agenda Item No. 78 May 25, 2004 Page 51 of 54' .' - -'"- -...,'---.' .- ~-'-'''-''-'' ~ ..--....- I LEGAL DESCPRPTION The north ~ of the Scutheast ~ of the Southwest ~ of the Northeast ~ of Section 31, Township 49 South, Range 26 East LESS: The west thirty-feet (30) feet reserved for road right-of-way and utilities as recclrded in OR. Book 6110, Page :,989, Public Records of Collier County Florida CU-2003-AR,-4003 Agenda Item No. 7!xhibit B May 25, 200 Page 52 of 54 --.--------- ,-- i ! I , ..J ao < ~ I-~'g !::.;.a-...:E :i!: ~ ~;;;: U1' eo'-a-..J :JC=:~NUI lIl<~Mm .U.... UI ~ \;IJ ., 0 O::Q....~>- c~9<~ z-....~~ NU~ ... w. -... / Location Yap i , i ~ I . I ~ ...........i:: ",... ~ I I Ii ~~~.. _:-~ I I i · III =. _ ..... u....... I I i .......""...,.o.e.r~ I I ow... .. ..... . QnIl a.- I I IlL::=,. , -- I. I -- I , r..owz::. I I: __-.l .. I ~ I Ii \ , I L _____ --- -t-~ . -- I . - ---- .... .. <f - .-.. =..... --- -.. I I co.a_ .... I -.. I r:-......_ ....- ... ..- -- ... .... - ...~ ~.- -- -.-..,. . -- ..- ....:.... .."...= t.S'ft.;:::: ......... it. Plan ~ .:=' ........ -- CU-2003-AR-4003 ; ;..;....:.=.- ..u..... u. -- ~.... -- exhibit C . . I - .... Agenda Hell I Nu, ~~ May 25. 20 Page 53 of 54 ,- "-.-..--.",' _.--^~' ...",,-.- "--~ . .---' --" ------ CONDITIONS OF APPROVAL 1. The conditional use approval to allow a church and other places of worship is limited to a maximum of 400 seats and a maximum of 11,000 square feet in two buildings. The llse is further limited to what is depicted on the site plan identified as "Apostolic Assembly of Faith in Christ Jesus" prepared by Kepple 'Engineering, Inc., dated 2/2/03, stamped Received December 29,2003", except as further conditioned below. 2. Approval of this conditional use permit shall not be construed as approval of the attached conceptual site plan; the site plan shall be formally reviewed and approved as part of the SDF proccss. No variances from any LDC requirements have been granted as part of the a:ceptance 01 the subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the site plan must be brought into compliance prior to the issuance of any sit{ development plan approval. 3. All lighting fixtures,:o include parking lot and security lighting must not exceed a height of 12 feet. The following conditions are adopted as volunteered by the petitioner's agent at the CCPC hearing 4. Outdoor services are prohibited. 5. Outdoor loud speakcrs are prohibited. 6. The petitioner will provide sidewalks along the entire frontage of San Marcos Boulevard, as part of the first phase of comtruction 7. Day care uses are prohibited. 8, Outdoor recreation ateas are prohibited. 9. The petitioner must rl~tain all native vegetation within the area designated as "Existing Vegetation to Remain" on th~ site plan. 10. The petitioner must provide a gate at the entrance. 11. This project must be .:onstructed in full compliance with LDC Section 2.8 "Architectural Standards" as ifit were subjfct to those regulations. Revised: 4/21/04 CU-2003-AR-400 Exhibit I Agenda Item No. 78 G:\Current\Deselem\Conditional U!es\Apostolic Church on San Marcus Blvd, AR--40~~~1f~~-04.rtf <- EXECUTIVE SUMMARY Request the Board approve an Ordinance to prohibit fishing of any kind, or cast net fishing only, on certain designated bridges within Collier County, which Ordinance also (1) directs the County Manager to post appropriate signage; (2) authorizes the County Manager to determine those other County bridges upon which fishing ought to be prohibited; (3) provides for penalties for violation of the Ordinance; (4) directs that the Ordinance be interpreted consistent with F.S. 316.1305, Fishing from State Road Bridges; (5) repeals and supersedes Resolution No. 2003-204, which established a fishing prohibition from Bridge No. 030210; (6) provides for the inclusion in the Collier County Code of Laws and Ordinances; and (7) provides for an effective date; at an estimated implementation cost of $1,000. OBJECTIVE: To adopt an Ordinance to prohibit fishing of any kind, or cast net fishing only, on certain designated bridges within Collier County, which Ordinance also (1) directs the County Manager to post appropriate signs on these bridges stating that fishing from the blidge is prohibited; (2) authorizes the County Manager to determine those other County bridges upon which fishing of any kind, or cast net fishing only, ought to be prohibited, and, with approval of the Board of County Commissioners by resolution, cause appropriate signage to be posted; (3) provides for penalties for violation of the Ordinance; (4) directs that the Ordinance be interpreted consistent with F.S. 316.1305 (concerning fishing prohibitions on state road bridges); (5) repeals and supercedcs Resolution No. 2003-204, which <- established a fishing prohibition from Bridge No. 030210 on Plantation Parkway over the Everglades Drainage Canal, which prohibition is incorporated into this Ordinance; (6) provides for the inclusion in the Collier County Code of Laws and Ordinances; and (7) provides for an effective date. CONSIDERA nON: The Traffic Operations and Alternative Transportation Modes Department has received complaints regarding traffic conflicts caused by people fishing from certain bridges within Collier County. Upon inspection of these bridges, this department concurs with the safety concern as some of these bridges have no safe areas for individuals to either cast nets or lines from the bridge, and other bridges are suitable for line fishing but not . for cast net fishing. Depending upon the bridge, individuals must either step into the driving lanes or swing their nets or fishing lines over the driving lane when casting out into the waterways. This creates a safety concern for both the individuals casting and the drivers crossing the bridge. As there is no ordinance previously adopted by Collier County to address this issue, the attached Ordinance has been drafted to enable the Board of County Commissioners to prohibit fishing of any kind, or cast net fishing only, from the following specified bridges: a. Vanderbilt Drive: Bridge No. 030177 and Bridge No. 030176 b. Plantation Parkway: Bridge No. 030210 c. Bluebill Avenue: Bridge No. 030149 (cast net ban only) d. Chokoloskee Causeway: Bridge No. 030161 (cast net ban only) ~ Agenda Item No. 8A May 25, 2004 Page 1 of 5 .._._-,~"--"._.._._._.~~--_..".._--"_....",_.".,",,,.~..,.., . . ,'..".. -.~, ,".....,,"~ -... -",.,.,-,;--.~.,..,,,,,.,"," ,- . .,,,'" -' .~~"....-...,.. .".~",.,,_.. ,~,'" "".-..... In accordance with Chapter 318, Florida Statues, as a noncriminal traffic violation, violation of the Ordinance will be punishable as a pedestrian violation, with each violation subject to the Florida statutory fine, which is presently $15. The Ordinance is to be interpreted consistent with Florida Statutes Sec. 316.1305 (concerning fishing prohibi tions on state road bridges). In keeping with the same mechanism as provided in Chapter 130 of the Collier County Code of Laws and Ordinances (Traffic and V chicles), the Ordinance directs the County Manager to post appropriate signs notifying the public of this prohibition, and to determine those other County bridges upon which fishing in general, or cast net fishing only, ought to be prohibited, subject to approval of the Board of County Commissioners by resolution. This Ordinance also repeals and supersedes Resolution No. 2002-204, which established a fishing prohibition from Bridge No. 030210 on Plantation Parkway, which prohibition is incorporated into this Ordinance. FISCAL IMPACT: The estimated cost for the installation of the new signs is $1,000.00 (10 signs @ $100 each). Funds are available in Transportation Services Fund 101. Source of Funds are Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: There is no growth management impact. - RECOMMENDATION: It is the recommendation of this Department that the Board of County Commissioners approve the attached Ordinance, known as the "Fishing Prohibition on Bridges Ordinance"; authorize the Chairman to execute this Ordinance; authorize the inclusion of this Ordinance into the Collier County Code of Laws and Ordinances; repeal and supersede Resolution No. 2002-204; direct the County Manager to have the Traffic Operations and Alternative Transportation Modes Department install appropriate signing at the aforementioned bridges; and to notify the Sheriff s Office of this Ordinance. Attachment No. 1 - Proposed Ordinance ,,- Agenda Item No, 8A May 25, 2004 Page 2 of 5 ---. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number 8A Item Summary Request the Board approve an Ordinance to prohibit fishing of any kind, or cast net fishing only, on certain designated bridges within Collier County. which Ordinance also (1) directs the County Administrator to post appropriate signage: (2) authorizes the County Administrator to determine those other County bridges upon which fishing ought to be prohibited: (3) provides for penallies for violation of the Ordinance; (4) directs that the Ordinance be interpreted consistent with F,S. 316,1305, Fishing from Slate Road Bridges; (5) repeals and supersedes Resolution No, 2003-204, which established a fishing prohibition from Bridge No. 030210; (6) provides for the inclusion in the Collier County Code of Laws and Ordinances; and (7) provides for an effective date; at an estimated implementation cost of S 1,000, Meeting Date 512512004 9:00:00 AM Prepared By Robert W. Tipton. P ,E, County Traffic Operations Engineer Transportion Services Traffic Operations! ATM Approved By Jeff Klatzkow Assistant County Attorney Date County Manager's Office County Attorney Office 4/23/2004 5: 03 PM Approved By - Traffic Operations and Alt Trans Diane B. Flagg Modes Director Date Transportion Services Traffic Operationsl A TM 4/28120042:31 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 412812004 2:43 PM Approved By Norm E, Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin, 4129/2004 6:47 AM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin, 5/13/2004 4:42 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5114/200410:41 AM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 5115/2004 10:50 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/17/2004 6:35 PM ~_.. Agenda Item No. 8A May 25, 2004 Page 3 of 5 ,-~_._-",--- ---'- - _.~- .~_...' -.,. --~ .._--"._,-- ORDINANCE NO. 2004- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, PROHffiITING FISHING OR CAST NET FISHING ON DESIGNATED BRIDGES WITHIN THE COUNTY; PROVIDING PENALTIES FOR VIOLATION; REPEALING AND SUPERSEDING RESOLUTION NO. 2002-204; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. it is hereby found and determined by the Board of County Commissioners that fishing from certain designated bridges. or portions thereof. is detrimental to traffic safety or dangerous to human life. NOW. TIffiREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AUTHORITY. This Ordinance is adopted pursuant to the provisions of Chapter 125 and Chapter 316. Florida Statutes. and other applicable provisions of law. SECTION TWO: RESTRICTED BRIDGES. (1) Fishing of any kind is hereby prohibited on the following bridges: Vanderbilt Drive: Bridge No. 030177 and Bridge No. 030176 Plantation Parkway: Bridge No. 030210 (2) Cast Net Fishing is hereby prohibited on the following bridges: Bluebill Avenue: Bridge No. 030149 Chokoloskee Causeway: Bridge No. 030161 Otherwise lawful fishing by means other than cast nets is not prohibited on these bridges. SECTION THREE: POSTING OF SIGNS; PUNISHMENT; INTERPRETATION. (1) The County Manager is hereby directed to post appropriate signs on these bridges stating that fishing, or cast net fishing, as the case may be. from the bridge is prohibited. The County Manager is further authorized to determine those other county bridges upon which fishing. or cast Agenda Item No. 8A May 25, 2004 Page 4 of 5 net fishing, ought to be prohibited. and with approval of the Board of County Commissioners by - resolution, shall cause appropriate signage to be posted. (2) Fishing from a bridge upon which has been posted signs as provided for herein is a noncriminal traffic violation, punishable as a pedestrian violation as provided in Chapter 318, Florida Statutes. (3) This Ordinance shall be interpreted consistent with F.S. 316.1305, Fishing from state road bridges. SECTION FOUR: REPEALING AND SUPERSEDING RESOLUTION NO. 2002-204. Collier County Resolution No. 2002-204, which established a fishing prohibition from Bridge No. 030210 on Plantation Parkway over the Everglades drainage canal. being incorporated into this Ordinance, is hereby repealed and superseded in its entirety as of the effective date of this Ordinance. SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and ,~ Ordinances 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 SIX: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of . 2004. A TrEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Oerk COLLIER COUNTY. FLORIDA BY: BY: Deputy Clerk Donna Fiala, Chairman Approved as to form and legal sufficiency: - Jeffrey A. Klatzkow Assistant County Attorney Agenda Item No. 8A May 25, 2004 Page 5 of 5 "-_.._~ --.." -,._--~-~, ~~- .- -"._- ._-, '. -._-~-- ~--".,-_.. "...- EXECUTIVE SUMMARY Consideration of an ordinance adopting a recodification and revision of the County's Land Development Code, to become effective on August 30, 2004. OBJECTIVE: To consider approval of an ordinance adopting a recodification and revision of the County's Land Development Code (LDC). This LDC revision is known temporarily as the Unified Land Development Code, or UDC, to distinguish it from the existing' LDC. If adopted, this ordinance and recodified UDC would not become effective until 12:01 A.M., Monday, August 30, 2004. The UDC revises the structure and format of the existing LDC without altering the substance of the existing provisions and will provide a platform for future amendments of substantial portions of the LDC. CONSIDERATIONS: On October 30,1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the original Collier County LOC, which became effective on November 13, 1991. The current LOC, having been subsequently amended by over three dozen ordinances (not counting the numerous ordinances for each new or amended PUO) comprising a total of eighteen (18) supplements, has been in place for nearly thirteen years without a comprehensive overview. The prior amendments, having been made in an order1y, but piece-meal manner, have resulted in unintended internal inconsistencies in the regulations and sometimes-conflicting definitions. ,- During the Spring of 2002, in an effort to ease the use of the LDC by staff, applicants, and the general public, the Board, under Contract # 02-3293, approved The Gail Easley Company to perform professional services to update the LDC. The Gail Easley Company is well known in Florida planning circles for its demonstrated ability to assist local governments with their land development regulations to provide greater clarity and conciseness. The scope of services of the contract with the Easley firm was directed to updating and simplifying the LOC's format. including a revised section numbering system used to identify individual provisions. The UDC being considered at this meeting was largely the result of the Easley firm's efforts working in conjunction with a team comprised of County staff and interested individuals from the regulated industry and the public. These efforts included a BCC workshop on proposed revisions held on . April 29, 2003. Additionally, Ms, Easley and her associates have engaged in many meetings with the County staff to develop the finished product. The substance of the five operative Articles of the existing LDC (1 through 3, 5 and 6) has been relocated into nine functionally related Chapters (1 through 6 and 8 through 10), which combine the regulations into a more logical and coherent framework. Significantly, other than those changes designed to update and harmonize the Definitions' section (UDC ~ 1.08,02,), the UDC does not contain any new substantive text, with one exception. A new Appendix H has been created which cross-references the existing LDC provisions into the UDC numbering system. This appendix is a set of comparative tables for each Article, Division, & Section (and some sub- sections, where relevant) of the existing LOC detailing where, by Chapter and Section in the UDC, the corresponding provision may be found if it's geing recodified, Additionally, a number of Divisions of the LDC are being relocated to the Code of Laws and Ordinances because they are not considered to' be land development regulations. Other provisions that are more procedural or administrative in nature are being recommended to be relocated into a new Administrative Code that would be proposed if the Board adopts this Ordinance, Certain ,-.. provisions that are no longer required or legally effective are not being included as part of the Agenda Item No. 8B May 25, 2004 Page 1 of 3 Page 1 of 9 ,- ,....,,.,._........_.c~". ........... UDC, One such division, LDC Div. 1.7, pertaining to Vested Rights, however, will be rewritten as part of the second cycle of LDC amendments in the latter part of this year, Lastly, a new feature of the UDC is that defined terms, i.e., those set forth in UDC ~ 1,08.00, are printed in bold ALLCAPS, such that the defined term "Development" would appear in the text of the UDC as DEVELOPMENT, A further benefit of text "relocation" has been that many unnecessary or inconsistent provisions have been eliminated, resulting in a "thinner" body of regulations in the UDC. Further reductions from the size of the existing LDC were achieved by creating tables listing the complete set of uses in every zoning district along with new tables compiling all of the corresponding property development regulations applicable to each zoning district. Extreme efforts have been taken to ensure no errors have occurred in the revision and recodification process, including follow-up checks by our consultant of staff's insertion of the text of Supplements 16, 17, & 18 into the UDC format. However, errors are possible and procedures for addressing such errors, as detected, have been contemplated. The intended effect of these procedures is to ensure that no application requests under review (either before or after the effective date of the UDC) will be adversely affected for any significant period of time. A few of the error correction procedures contemplated are: a) adding any needed provisions into a PUD ordinance prior to its approval; b) adoption of a scrivener's error ordinance, when appropriate for the type of error; or c) amending the UDC in Cycle 2, if time allows, Procedurally, because there will be no substantive amendments to any of the uses or zoning - districts, only one Collier County Planning Commission (CCPC) and Board meeting and no evening meetings are required to recodify the Collier County Land Development Code. The UDC has been presented to, and favorably reviewed by, the Development Services Advisory Committee and the CCPC (please refer to the Summary Sheets). Although the CCPC held one public hearing on May 6, 2004, that meeting was continued until May 20, 2004, to address an advertising issue. The CCPC will provide it's final recommendation and finding of consistency with the Growth Management Plan to the Board at its later, continued meeting. The Board is requested to make its final vote at today's hearing on the adoption of the proposed Ordinance. FISCAL IMPACT: No additional fiscal impacts beyond the costs already expended for consultant serviees are anticipated. Those costs to date have totaled approximately $90,000, GROWTH MANAGEMENT IMPACT: The proposed recodification and revisions in the UDC are consistent with and implement the Goals, Objectives, and Policies of the GMP. RECOMMENDATION: That the Board consider a motion to approve the proposed Ordinance, including Exhibit A, the Land Development Code of Collier County, Florida, the title of which follows : .-. Agenda Item No. 8B Page 2 of3 May 25, 2004 Page 20f9 Ordinance No. 04- -- An Ordinance Of The Board Of County Commissioners Of Collier County, Florida, Recodifying The Collier County Land Development Code, Which Includes The Comprehensive Regulations For The Unincorporated Area' Of Collier County, Florida, By Superceding Ordinance Number 91-102, As Amended; Providing For: Section One, Recitals; Section Two, Findings Of Fact; Section Three, Recodification Of The Unified Land Development Code, More Specifically By Creating The Following: Chapter 1 - General Provisions, Including Sec. 1.01.00 Title, Sec. 1.02.00 Authority, Sec. 1.03.00 Rules Of Construction, Sec. 1.04.00 Applicability, Sec. 1.05.00 Findings, Purpose And Intent, Sec. 1.06.00 Rules Of Interpretation, Sec. 1.07,00 Laws Adopted By Reference, Sec. 1.08.00 Definitions; Chapter 2 - Zoning Districts And Uses, Including Sec, 2.01.00 Generally, Sec. 2.02,00 Establishment Of Zoning Districts, Sec. 2,03.00 Zoning Districts, Sec. 2.04.00 Permissible, Conditional, And Accessory Uses In Zoning Districts, Sec. 2,05,00 Density Standards, Sec. 2.06.00 Affordable Housing Density Bonus, Sec. 2.07,00 Table Of Setbacks For Base Zoning Districts; Chapter 3 - Resource Protection, Including Sec. 3.01,00 Generally, Sec. 3.02.00 Floodplain Protection, Sec, 3,03,00 Coastal Zone Management, Sec. 3.04.00 Protection Of Endangered, Threatened, Or Listed Species, Sec. 3.05.00 Vegetation Removal, Protection, And Preservation, Sec. 3.06.00 Wellfield And Groundwater Protection; Chapter 4 - Site Design And Development Standards, Including Sec. 4.01,00 Generally, Sec. 4,02,00 Site Design Standards, Sec. 4.03.00 Subdivision Design And Layout, Sec. 4.04.00 Transportation System Standards, Sec. 4,05,00 Off-Street Parking And Loading, Sec. 4.06.00 Landscaping, Buffering, And Vegetation Retention, Sec. 4.07.00 Design Standards For Planned Unit Developments, .- Sec. 4.08.00 Rural Lands Stewardship Area Zoning Overlay District Standards And Procedures, List Of Tables In Chapter 4; Chapter 5 - Supplemental Standards, Including Sec. 5.01.00 Generally, Sec. 5.02.00 Home Occupations, Sec. 5.03.00 Accessory Uses And Structures, Sec, 5,04.00 Temporary Uses And Structures, Sec. 5,05.00 Supplemental Standards For Specific Uses, Sec. 5.06.00 Signs; Chapter 6 - Infrastructure Improvements And Adequate Public Facilities Requirements, Including Sec. 6.01.00 Generally, Sec. 6,02.00 Adequate Public Facilities Requirements, Sec. 6.03.00 Wastewater Systems And Improvements Standard, Sec, 6.04,00 Potable Water Systems And Improvements Standards, Sec. 6.05.00 Water Management Systems And Drainage Improvement Standards, Sec. 6.06.00 Transportation System Standards; Chapter 7 - Reserved; Chapter 8 - Decision- Making And Administrative Bodies, Including Sec. 8.01.00 Generally, Sec. 8,02.00 Board Of County Commissioners, Sec. 8.03,00 Planning Commission, Sec. 8,04.00 Board Of Zoning Appeals, Sec, 8.05.00 Building Board Of Adjustments And Appeals, Sec. 8.06.00 Environmental Advisory Council, Sec. 8,07.00 Historic/Archaeological Preservation Board, Sec. 8.08.00 Code Enforcement Board; Sec. 8,09.00 Community Development And Environmental Services Division; Chapter 9 - Variations From Code Requirements, Including Sec. 9.01,00 Generally, Sec. 9.02.00 Development With Vested Rights, Sec. 9.03,00 Nonconformities, Sec. 9,04.00 Variances; Chapter 10 - Application, Review, And Decision- Making Procedures, Including Sec. 10.01.00 Generally, Sec. 10.02.00 Application Requirements, Sec. 10.03.00 Notice Requirements, Sec. 10,04,00 Review And Action On Applications For Development Orders And Petitions For Revisions To The Official Zoning Map, The LDC, Or The GMP, Sec. 10,05.00 Revisions To Development Orders, Sec. 10,06,00 Appeals, Sec. 10,07.00 Enforcement, Sec. 10,08,00 Conditional Uses Procedures, And Appendices A Through H, Including A New Appendix "H" Of Cross-References Between The LDC And UDC; Section Four, Repealer; Section Five, Conflict And Severability; Section Six, Publication as The Collier County Land Development Code; And Section Seven, Effective .,- Date. Agenda Item No. 88 Page 3 of3 May 25, 2004 Page 30f9 COLLIER COUNTY - BOARD OF COUNTY COMMISSIONERS Item Number 88 Item Summary Item to be heard at 1 :00 p,m, Consideration of an ordinance adopting a recodification and revision of lhe County's land Development Code, to become effective on August 30, 2004, Meeting Date 5/25/2004 9:00:00 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminslrator Date Community Development & Community Development & Environmental Services Environmental Services Admin, 5/19/20048:45 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/19/20048:56 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/19/2004 9:35 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/19/2004 9:47 AM ~- Approved By James V. Mudd County Manager Date Board of County Commjssioners County Manager's Office 5119120049:53 AM -, Agenda Item No. 88 May 25, 2004 Page 4 of 9 ._- -'-_. .._" ORDINANCE NO. 04- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 mLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY , SEC. 1.05.00 AN DINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEANmONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDmONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF- STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILmES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.00A d It N 88 gen a em o. May 25, 2004 Page 1 of 5 Page 5 of 9 ...".- NONCONFORMmES, SEC. 9.04.00 VARIANCES; CHAPTER 10- APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, ' SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDmONAL USES PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS-REFERENCES BElWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No, 91-102, the Collier County land Development Code (LDC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and WHEREAS, the Board has directed that the LDC be revised to update and simplify ,-, its format, and use; and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to ~ 163.3194 (2), F,S., in a manner prescribed by law, did hold an advertised public hearing on May 6, 2004, which was continued for a final consideration and vote on May 20, 2004, and did take affirmative action concerning these revisions to the LDC, including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised publiC hearing on May 11, 2004, which was continued for a final adoption hearing on May 25, and did take affirmative action concerning these revisions to the LDC; and WHEREAS, the revisions to, and recodification of, the LDC does not substantively alter in any way the prior existing LDC text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163,3194 (1) and 163.3202 (3), F.S,1 ; and - Agenda Item No. 88 May 25, 2004 Page 2 01 5 Page 60f9 --.-.------ "-'''.'_.~ WHEREAS, on March 18, 1997, 1he Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, all other applicable substantive and procedural requirements of the law have been met for the adoption of this ordinance and Land Development Code. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS. The foregoing Reeitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT. The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to See. 163,3161, et seq., F.S" the Florida Local Govemment Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Growth Management Plan also referred to as a Comprehensive Plan, 2, After adoption of the Comprehensive Plan, the Act and in particular See, 163.3202(1), FS" mandates that Collier County adopt land development regulations that are consistent with, and implement, the adopted comprehensive plan. 3, See, 163,3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. See. 163.3194(1 )(b), F,S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5, See, 163,3202(3), F,S" states that the Act shall be construed to encourage the use of innovative land development regulations, including transfer of development rights, planned unit development, and impact fees. 6, On January 1 0, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of See. 163,3161, et seq., F.S., and Rule 9J-5, FAC. 7. See, 163.3194(1)(a), F,S., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan, or element or portion thereof, shall be consistent with such Comprehensive Plan, or element or portion thereof, as adopted, 8. Pursuant to See. 163.3194(3)(a), F,S., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, and other aspects of developmen1 permitted by such ~effi:Ja Item No. 88 May 25, 2004 Page 3 of 5 Page 7 of 9 - regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local govemment. 9, Pursuant to Section 163,3194(3)(b) F,S., a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the original Collier County Land Development Code, which became effective on November 13, 1991, 11. The Board finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, F.S., and Chapter 163, F,S" and through -, these revisions to, and recodification of, the LDC, SECTION THREE: ADOPTION OF RECODIFICATION TO THE LAND DEVELOPMENT CODE. The attached Exhibit "A," being the revised and recodified text of the existing Land Development Code and corresponding appendices, is hereby adopted by the Board of County Commissioners as the Land Development Code of Collier County, Florida, as required by ~ 163.3202 (1) & (3), F.S., and is incorporated by reference as if fully set forth herein as a part of this adopting Ordinance, SECTION FOUR: REPEALER. The Land Development Code set out herein supercedes and repeals any and all resolutions and ordinances in conflict herewith, specifically including Ordinance No, 91-102, as amended, except that the legal effect of Section 1.22.1 as specifically set forth in the existing Land Development Code on the date this Ordinance becomes effective will remain unchanged as to the ordinances referenced therein being repealed, Furthermore, all ordinances pertaining to approved Planned Unit Developments (PUDs), and all changes to the Official Zoning Atlas, lawfully approved prior to this Ordinance becoming effective, will remain in effect and not be repealed by, or be affected by, the adoption of this Ordinance, SECTION FIVE: CONFLICT AND SEVERABilITY. <,-. Agenda Item No. 88 May 25, 2004 Page 4 of 5 Page 8 of 9 .. ~-,-~.~. '--- .-....._-. -.--, --, -.-.-- In the event this Ordinance conflicts with any other ordinance of Collier County or of any other statute, code, local resolution, regulation or other applicable federal, state, or local law, the more stringent standard, limitation, or requirement shall govern or prevail to the extent of the conflict. It is the legislative intent of the Board of County Commissioners in adopting this Ordinance and LDC that all provisions hereof shall be liberally construed to protect and preserve the peace, health, safety, and general welfare of the inhabitants of the unincorporated portion of Collier County. Should any portion or provision of this Ordinance or LDC be held to be unconstiMional or invalid by a court or tribunal of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion or provision and such holding shall not be construed as affecting the validity of any of the remaining portions or provisions, SECnON SIX: PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE. The provisions of this Ordinance as set forth in Exhibit A, being adopted and enacted as the Official Land Development Code of Collier County, Florida, shall be so published, The provisions of Exhibit A of this Ordinance may be corrected as to any misspellings, formatting, or numbering errors; and may be renumbered or relettered, and the word "ordinance" may be changed to "section," "chapter," or any other appropriate word, as part of the publishing process, so long as the substance and intent of the adopted provisions is not altered in any way. SECnON SEVEN: EFFECnVE DATE. This Ordinance shall become effective, after filing with the Department of State, at 12:01 AM on August 30th, 2004. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Rorida, this _th day of May, 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Agenda Item No. 88 May 25, 2004 Page 5 of 5 Page 9 of 9 EXECUTIVE SUMMARY Recommend that the Board of County Commissioners adopt a resolution amending the water and sewer impact fee rate schedule, which is Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance. OBJECTIVE: Recommend that the Board of County Commissioners adopt a Resolution amending Schedule Two of Appendix A (the Water and Sewer Impact Fee Schedule) of Chapter 74 of the Collier County Code of Law and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinance. CONSIDERATIONS: The revised Impact Fees are to fund water and wastewater growth-related capital projects identified in the 2003 Water and Wastewater Master Plan Updates. Impact fees are used by Collier County to help fund necessary capital investment required to provide utility services to new population and related development. The Collier County Water-Sewer District has used impact fees to fund growth - "'........ related capital costs since 1978, Ordinance No. 2001-13, which was adopted by the Board of County Commissioners of Collier County on March 13, 2001 and was subsequently ,amended by Resolution No. 2002-88 on February 12, 2002 and Resolution No. 2003-93 on February 25, 2003, established the District's current water and wastewater impact fees. The impact fee methodology for non-residential establishments was amended by Resolution No, 2003-300, which was adopted by the Board of County Commissioners on September 9, 2003. On April 13, 2004, the Board of County Commissioners adopted Resolution No. 2004-102 authorizing a change in format to the Fee Schedule to provide clarity and consistency in the assessment of residential water and wastewater impact fees. The Board of County Commissioners directed staff to update the Master Plan on June 24, 2003, agenda item 16(C)20 and review the Impact Fees. As a result, staff hired Greeley and Hansen as consultants to update the Collier County Water-Sewer District's Water and Wastewater Master Plans. Public Resource Management Group (PRMG Inc) is the sub-agent of the consultant to update the Impact Fees. These three proactive measures as they relate to Water-Sewer District services are on the Board's agenda today for approval. They are: ~ Updated Water Master Plan ~ Updated Sewer Master Plan ----- ~ Impact Fee Study Agenda Item No. 8C May 25, 2004 Page 1 of 10 , ~,.....~~.--..,., '~'''''.'"'-''''''-~.'''"'_. ..,.,~,.- ,- .""~ The Master Plans were prepared to ensure that the Water-Sewer District takes a comprehensive approach to meet the demands of the citizens of Collier County. The plans provide the framework for fidelity between master planning and facility operations, and synchronize water and sewer projects with those of other county departments. Finally, the master plans provide a comprehensive approach to address the very high growth rate in Collier County and the number and magnitude of new water and sewer projects required to meet the demands of growth. The Master Plans recommend the addition of 18 million gallons per day of wastewater treatment capacity, expressed on a maximum month average daily flow basis, over the next ten (10) years. In addition, the Plans recommend 30 million gallons of water plant capacity, expressed on a maximum month daily demand basis, over the same period. For water and wastewater combined, the capital costs allocable to future users through Fiscal Year 2013 is estimated at approximately $482 million, The methodology used to calculate the proposed impact fees is consistent with the approach used in previous impact fee studies, and conforms to the equity tests established by case law (e.g., rational nexus). The proposed impact fees were presented fo, and the fees were approved by, - the Development Services Advisory Committee (DSAC) on April 7, 2004. The presentation was also made to, and the fees were approved by, the Productivity Committee on April 21 , 2004. The recommended impact fees in this agenda item of $2,660 per water Equivalent Residential Connection (ERC) and $3,010 per wastewater ERC are based on a June 1, 2004 implementation date. The proposed revisions reflect a $90 per ERC increase in the water impact fee and a $60 per ERC increase in the sewer impact fee, GROWTH MANAGEMENT IMPACT: The proposed Water-Sewer District impact fees are designed to provide a funding source of funding for the water and wastewater capital improvements required to support the proposed Water and Wastewater Master Plans. FISCAL IMPACT: The Water and Sewer impact fees are proposed to change per Equivalent Residential Connection, as follows: Current Revised Change Water $2,570 $2,660 $90 Sewer $2,950 $3,010 $60 .-. Agenda Item No. 8C May 25, 2004 Page 2 of 10 The effect of the proposed impact fees on residential and non-residential structures is shown in the attached Exhibit A. Please see attached Resolution amending Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinance. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution amending Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinance, as amended, establishing the proposed water and wastewater impact fee rates with an effective date of June 1,2004. ,,~ .-' Agenda Item No. Be May 25, 2004 Page 3 of 10 COLLIER COUNTY ~J_'" BOARD OF COUNTY COMMISSIONERS Item Number 8C Item Summary Adopt a resolution amending the water and sewer impact fee rate schedule, which is Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance. Meeting Date 5/25/2004 9:00:00 AM Prepared By Bala Sridhar Senior Management/Budget Analyst Public Utilities Public Utilities Operations Approved By Amy Patterson Impact Fee Manager Date Community Development & Environmental Services Financial Admin. & Housing 51111200411:24AM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 511112004 6:03 AM Approved By - Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 5/11/2004 5:07 PM Approved By Bala Sridhar Senior Management/Budget Analyst Date Public Utilities Public Utilities Operations 5111/20045:00 PM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 511212004 8:45 AM Approved By Pat lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5/19/20041:18 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's OffIce Office of Management & Budget 5/19120043:37 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's OffIce OffIce of Management & Budget 5/19/20043:49 PM Approved By -- James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/19120045:07 PM AgAnrl~ Itpm Nn Hr. May 25,2004 Page 4 of 10 " -"._-_.,,~.._."- ._.."~-- -_. APPENDIX A SCHEDULE TWO - EFFECTIVE APRIL 14, 2004 WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE RESIDENTIAL INDIVIDUALL Y METERED LIVING SPACE BASIS OF FEE ERC WATER SEWER ~sn Fr.) ALLOCATION METER SIZE , ~.iwrk'" . IMPACT FEE IMPACT REE ~,~. . ReJi4nttitd COPfftl!ctJorrj i ; I ' o TO 4,999! ! . . i (AlVDNOMORET1lAN4 ! PER UNIT! 3/4" I I I ~ 1 ~ I BATHROOMS) i ! I i I i I i I j 5,000 OR MORE I PER ERC I PER I (GPM-24)120)+1 , B.\SED m; ERC! ~ I (ORMORET1lAN4BATHROOMSj I i ERC, '(GPMFROMAWWAM22j i MH/im/<.~r!25~() i ' I! ! RESIDENTIAL MASTER METERED LIVING SPACE BASIS OF FEE ERC WATER SEWER (SQ.FT.) ALLOCATION METER SIZE fE'I-:::::/1fIitJI IMPACT FEE IMPACT FEE I I I I o TO 750 I PER UNIT I PER ERC , 0.33 J SUG I .$9W I Iii ! i "-~_._.------i----- f r 751 TO 1,500 PER UNIT I PERERC I 0.67 i $-l,+W ~ i ! ! ! '. . 1,501 TO 4,999 I I I I (AlVDNOMORE T1lAN4 i PER UNIT I PER ERC : 1.0 ~ i ~ I BI'fTHROOMS)! f f ! I , 5,000 OR MORE i PER ERC ' PER ERC ! (GPM-24)120)+ I B.\-SED m; ERC: ~ I (OR MORE THAN 4 BATHROOMS) ! I i (GPMFROMAWWAMllj _~y~' , ! ! ; NON-RESIDENTIAL WATER METER SIZE ERCRANGE WATER IMPA CT FEE SEWER IMPACT FEE ORCCWSDEOUWALENT (RoIUUIERCSlotlo......,..._J MIN MAX MIN MAX ,75 0 I 1.0 I ~ ~ I i i 1 1.1: 2.5! ~ $6rm ~ 1 ~ I 1.5 2,6 I 5.0 ~ $12,850 ~ i $11,750 I ! i i ' , 2 5.1! 7.9 I $13,107 $20,303 $15,045 i $23,305 I ---~_.-i---------.i._______ . i , , i 3 8.0 I 54,9 i $20,560 $1'11,093 $23,600 I $161,955 I ~ j i 4 55.0 I 128.9: $Ul,350 $33.',273 $162,250 $380,255 I ~ ! 6 129,0 j 357,9. $331,530 $919,803 $380,550 $1.055.805 I I . I 8 358.0 I 600.0! $920,060 $1,541,000 $1,056,100: SJ,770,{JI}(J ~ Il<:iHI ,"u; uv May 25, 2004 Page 5 of 10 _ APPENDIX A SCHEDULE TWO - EFFECTWE , 2004 WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE RESIDENTIAL INDIVIDUALLY METERED LIVING SPACE BASIS OF FEE ERC WATER SEWER Fsn FT.) ALLOCATION METER SIZE , ~,"""lenJ , IMPACT FEE IMP >I CT F'EE .'~. . Rn.4enIiaJ CoJUt<<tjq,,) .t:l , o TO 4,999! ! 3/4": $ (AND NO MORE THAN 4 i PER UNIT I : 1 2,660! $3,010 BATHROOMS)!! i i i i ! 5,000 OR MORE! PER ERC I PER I (GPM-24)/20)+1 BASED ON ERC ! ~~-:!..~RETIWV4BATHROOMS) I I ERC I (GPMFROMAWWAMl2) Minimum $2660 ! $3,010 RESIDENTIAL MASTER METERED LIVING SPACE BASIS OF FEE ERC WATER SEWER (SQ.FI'.) ALLOCATION METER SIZE (Eq~'::::,;::e"'l IMPACT FEE IMPACT FEE I I i I o TO 750 ! PER UNIT PER ERC i 0.33 $890! $1 005 I I! I ' ! ~__,________m_n! ; nn , , , , , , ,,,.-.., ~ ~ ~ 751T01,500 i PER UNIT I PERERC i 0.67 $1,775 $2,010 ! ! ! 1,501 TO 4,999 j !: I (ANDNOMORE THAN4 i PER UNIT I PER ERC I 1.0 $2,660 i $3,010 BATHROOMS) i I I i , 5,000 OR MORE I PER ERC ' PER ERC ,(GPM-24)/20)+ 1 BASED ON ERC! $3 010 (ORMORETIWV4BATHROOMS) I I ' (GPMFROMAWWAM22) M;..u,,_$2UO I ' NON-RESIDENTIAL WATER METER SIZE ERC RANGE WATER IMPACT FEE SEWER IMPACT FEE OR CCWSD EOUIVALENT (RolUUI ERCs.. du ....'nl_) MIN MAX MIN MAX .75 0 I 1.0 $2,660 $3,010 I, - , 1 I 1.1 I 2.5 $2,926 $6,650 $3,311 I $7,525 I i i 1.5 I 2.6 I 5.0 $6,916 $13,300 $7,826 I $15,050 , I I , i . , 2 ! 5.1 ! 7.9 $13,566 $21,014 $15,351! $23,779 1 ; ! ']--------[ --;------- : -- 3 I 8.0 i 54.9 $21,280 I $146,034 $24,080 i $165,249 I I I i i, I i I I . 4 I 55.0 I 128.9 $146,300 !, $342,874 $165,550' $387,989 , , " I ' , ---- . .---- !, ! 6 I 129.0 I 357.9 $343,140 I $952,014 $388,290; $1,077,279 .- I: t ;-- 8 ! 358.0 ! 600.0 $952,280 i $1,596,000 $1,077,580 I $1,806,000 I 1 I ! _ Hvlll I'IV. UV May 25, 2004 Page 6 of 10 RESOLUTION NO. 2004-_ A RESOLUTION OF THE BOARD OF COUN1Y COMMISSIONERS OF COLLIER COUN1Y, FLORIDA, AMENDING SCHEDULE TWO OF APPENDIX A OF CHAPTER 74 OF THE COlLIER COUN1Y CODE OF LAW AND ORDINANCES, AS AMENDED, (THE COlLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE) TO INCREASE THE WATER IMPACT FEE RATE FROM $2,570 PER EQUIVALENT RESIDENTIAL CONNECTION (ERq TO 52,660 PER ERC (A 3.5 PERCENT INCREASE); AND TO INCREASE THE SEWER IMPACT FEE RATE FROM 52,950 PER ERC TO $3,010 PER ERC (AN INCREASE OF 2.0 PERCENT INCREASE) FOR ALL CUSTOMER CLASSES; PROVIDING A DELAYED EFFECTIVE DATE OF JUNE 1,2004. WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No, 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superceding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Law and Ordinances (the Code), and incorporating the water and sewer impact fee rates established by the adoption of Ordinance No. 98-69; and WHEREAS, on December 11, 2001, the Board of County Commissioners adopted Resolution No. 2001-488 thereby amending Schedule Two of Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; increasing the Water and Sewer Impact Fee rates and directed staff to update the Impact Fee after one year; and WHEREAS. in accordance with that direction, the County has retained Public Resources I Management Group, IDc, (the Consultant) to review the existing water and sewer impact fees and I to recommend changes to those fees if appropriate; and WHEREAS, on February 12, 2002, the Board of County Commissioners adopted Resolution No, 2002-88 to correct Scrivener's errors, and to correct the water impact fee downward by $50 per Equivalent Residential Unit (ERe), and to amend Schedule Two of Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; thereby increasing the Water add Sewer Impact Fee rates; and WHEREAS, on February 25, 2003, the Board of County Commissioners adopted Resolution No, 2003-93 establishing the District's current water and wastewater impact fees, Whereas, on September 9, 2003, the Board of County Commissioners adopted Resolution No. 2003-300 to amend the impact fee methodology for non-residential establishments without any change to the actual impact fee, WHEREAS, Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, the Consultant has recommended that the County increase water plant capacity by thirty (30) million gallons per day and to increase sewer treatment capacity by eighteen (18 million) gallons per day over the next ten (10) years, at an estimated cost ~ future d It N Be gen a em o. utility system users of approximately four hundred and eighty two ($482 million); and May 25, 2004 Page 7 of 10 .- WHEREAS, the above recommended rate increases establish the revised rates at the maximum rates allowed in accord with Florida law; and WHEREAS, staff has reviewed the Consultant's recommendations and staff concurs with the recommended increases and recommends that the Board adopt the attached revised Schedule Two of Appendix A of Ordinance No. 2001- 13, as amended, to implement these recommended water and sewer impact fee rate increases; and WHEREAS, the Board of County Commissioners accepts the recommendations of the Consultant and from staff. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby declares, after advertised public hearing, that the water and sewer impact fee rates set forth in the revised Schedule Two of Appendix A of Ordinance No. 2001-13, as amended. attached hereto as Exhibit "An and incoIpOrated herein by reference (being a part -, of the Collier County Consolidated Impact Fee Ordinance), are fair and reasonable and are to be assessed against development that will receive benefits from increased water facilities capacity, increased sewer facilities capacity, or both, which increased capacity is necessitated by growth. 2. That these revised water and sewer impact fees will take effect as of 8:00 A.M, on Tuesday, June 1,2004. This Resolution is adopted after motion; second and majority vote favoring adoption this day ,2004. A TIEST BOARD OF COUNfY COMMISSIONERS DWIGHT E. BROCK, Clerk COUJER cou'NrY, FLORIDA By By: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: ,- Th~pf~ Assistant County Attorney Agenda Item No. 8e May 25, 2004 Page 8 of 10 _._._.u ._,-- APPENDIX A SCHEDULE TWO - EFFECTIVE APRIL 14, 2004 WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE RESIDENTIAL INDIVIDUALL Y METERED LIVING SPACE BASIS OF FEE ERC WATER SEWER /SQ FT.) ALLOCATION METER SIZE , (Equn../ent , IMPACT FEE IMPACT FEE I' . . Rai4m1it1/Conn<<twrr) i I i o TO 4 999! i ! i , (ANDNOMO~TllAN4 ! PER UNIT 1 3/4" i 1 i ~ ' ~ I r-___l!.....!!IR'!O~S)! ! : ! ' 5,000 OR MORE I PER ERC I PER I (GPM-24)/20)+ I I B.\~~D O~: ~~C i ~ I (ORMORETHAN4BATHROOMS) i I' ERC I (GPMFROMAWWAM12) I Mim....'.mJ.2:J '(J i ' ---- ! . ! j : RESIDENTIAL MASTER METERED LIVING SPACE BASIS OF FEE ERC WATER SEWER (SQ.FT.) ALLOCATION METER SIZE ~~-:errtidl IMPACT FEE IMPACT FEE ! I I I : o TO 750 I PER UNIT I PER ERC i 0,33 ! S&W ! .$98G I ! ~,---____,________, i ! I __ ' , ' , ' , ' , ' , 751 TO 1,500 PER UNIT ! PER ERC , 0.67 I ~ .$-l-;91O. ; i i : ! 1,501 TO 4,999 I ! j I ll'-> c..,,, I ('-> ncn I (AND NOMORE THAN 4 I PER UNIT i PER ERC I 1.0 I ~ I ~ BAfflROOMS) i I : I i , 5,000 OR MORE i PER ERC PER ERC '(GPM-24)/20)+ I : B.\SED m: ERC i ~ I (ORMORETHAN4BATllROOMS) i , (GPMFROMAWWAM2Z), MiNi_Mj7IJ! ' NON-RESIDENTIAL WATER METER SIZE ERC RANGE WATER IMPACT FEE SEWER IMPACT FEE OR CCJrSD EOUIVALENT (ROIIM ERO .. thelfetln$/ tenth) MIN MAX MIN MAX .75 0 I 1.0 I ~ ~ I I ________,__, I i 1 1.1! 2.5 i $J;8P $6,4M _ ~ ~ I , ; 1.5 2.6 i 5,0 I ~ $12.85Q ~,$14,750 I j i ! 2 5.1 I 7.9: Sn,107 $10,j{)j $15,045' $23,305 I ..-....--..---.---.---..-------.--- 3 8.0, 54.9 $20,560 $111,093 $23.600 $161,955 I I ' , 4 55.0 I 128.9 $1/1,350 $331,273 $162,250' $380,255 I f-------, '",___ 6 129,0 ,357.9 $331,530 $919,803 $380,550 i $1.055.805 , 8 358.0 ! 600.0 $920,06(J $1,542-.000 $.',056,1()() S!,770,(}()() I I ~ ILvlll I '>IV. v'"' May 25, 2004 Page 9 of 10 - APPENDIX A SCHEDULE TWO - EFFECTWE , 2004 WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE RESIDENTIAL INDIVIDUALLY METERED LIVING SPACE BASIS OF FEE ERC WATER SEWER /C"n FT.} ALLOCATION METER SIZE , (EIfMiwrle... , IMPACT FEE IMDACTF.'E'E .I:J~. . RaUlen&l COlflfemonj c. 'I i o T04 999, I , I i (.4NDNOMOkTlUN4 , PER UNIT! 3/4" ill $2,660 I $3,010 BATHROOMS) I , I i I I I j 5,000 OR MORE I PER ERC I PER 'I' (GPM-24)/20)+1 BASED ON ERC I $3010 (OR MORE TIlAlV 4 BATHROOMS) I 'I ERC I (GPM FROM A WWA Ml2) Minimum $2660 I ' I .! I RESIDENTIAL MASTER METERED LIVING SPACE BASIS OF FEE ERC WATER SEWER (SQ.FT.) ALLOCATION METER SIZE (EIfMn;:::::::::/,flitJl IMPACT FEE IMPACT FEE I ! t ! i ! o TO 750 I PER UNIT ! PER ERC ! 0.33 $890 I $1,005 f-- ,-1- !---,-----,-l---------------~ : - j ~ 1 i 751 TO 1,500 i PER UNIT I PER ERC i 0.67 i $1,775 , $2,010 . , f , , ' , , I I f , : ; " ~ 1,501 TO 4,999 I 'i I (.4NDNOMORETlUN4 i PER UNIT I PER ERC : 1.0 I $2,660 I $3,010 BATHROOMS)! I : i ! ii, 5,000 OR MORE I PER ERC I PER ERC '(GPM.24)/20)+ 1 BASED ON ERC $3 010 (ORMORETIlAlV4BATHRooMS) ii, (GPMFROMAWWAMZZ) I K__SZ660 , . ! I i NON-RESIDENTIAL WATER METER SIZE ERC RANGE WATER IMPACT FEE SEWER IMPACT FEE ORCCWSDEOUIVALENT (RoMIUIERC.",dJe.uares,tnrdo) MIN MAX MlN MAX _ .75 ,____,_~___ I 1.0 _____, $2,660 $3,010 I I : , 1 i 1.1 i 2.5 I $2,926 $6,650 $3,311 I $7,525 ----: ! -;! ; , , , ' , , ' , , 1.5 I 2,6 I 5.0 I $6,916 I $13,300 $7,826 $15,050 Iii I 2 I 5.1 I 7.9 I $13,566 I $21,014 $15,351: $23,779 ' " . t..-----------...t----.-t.------.--.----- ..-..t--------------- -- 3 I 8,0 I 54,9 I $21,280 ! $146,034 $24,080 $165,249 ! ! i i i ' , ! i i j __ 4 i 55.0 I 128.9 _ ! $146,300 ! $~~:.~4 $165,550 1,____ $3~7,~~__ 6 I 129.0 ; 357.9 I $343,140 I $952,014 $388,290: $1,077,279 .- i i ! I 'i I 8 I 358.0 i 600.0! $952,280 ! $1,596,000 $1,077,580; $1,806,000 ~ ! i' i ... Ilel .'Cu. Uv May 25, 2004 Page 10 of 10 ~-_..-."._---- -,'",,_..- ...----.--. "----.,-.--.- -" -...,-.....--. -, EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE BA YSHOREJGA TEW A Y TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD. OBJECTIVE: To appoint 3 members to serve 2-year terms, expiring on May 22,2006 to the BayshorelGateway Triangle Local Redevelopment Advisory Board. CONSIDERATIONS: The BayshorelGateway Triangle Local Redevelopment Advisory Board was created by Resolution 2001-98 on March 27, 2001 to review the Redevelopment Plan, to make recommendations to the Community Redevelopment Agency, to receive input from members of the public interested in their respective component areas and to report such information to the Community Redevelopment Agency. Resumes will be accepted from all interested parties. including Bayshore residents, Gateway Triangle residents. Bayshore business owners. Tamiami Trail (US41) business owners, Davis Boulevard (SR84) business owners. Bayshore MSTU representatives. and at large representatives who reside or engage in business or both in the Bayshore/Gateway Triangle Component Redevelopment Area. A person who "engages in business" means an.individual owning real property or a business, practicing a profession or performing a service for compensation or serving as an officer or director of a corporation or other business entity so engaged. Consideration will be given to appointing members that have experience in the following professions: finance, banking, architecture, engineering. education, law enforcement, social work, real estate sales and development, planning or design and building construction. Terms are 2 years. A list of the current .- membership is included in the backup. The terms for Bruce Babbitt, Chuck Gunther, and William C. Mears expired on May 22, 2004. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DlST ELECTOR ADV. COMM. R. Mark Winsor Resident 4 Yes None Charles H. Gunther - re-appt Gateway Triangle Representative 1 Yes BayshoreJGateway Triangle William C. Mears - re-appt At-Large Representative 4 Yes Bayshore/Gateway Triangle COMMITI'EE RECOMMENDATION: Re-appointment: Charles H. Gunther Re-appointment: William C. Mears Third Appointment: Re-advertise FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint members to the BayshorelGateway Triangle Local Redevelopment Advisory Board, and direct the County Attorney to prepare a resolution confirming the appointments. .-. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Item No, 9A May 25, 2004 Page 1 of 14 --... _.~,-".." '''~-'-"-~-''~"",..,.,...' " ,...,-,- - Agenda Date: MAY 25, 2004 - ,- Agenda Item No. 9A May 25, 2004 Page 2 of 14 "_".M ,-~"- ,...._._-~----'._._.,-~._- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 9A Item Summary Appointment of members to the Bayshore/Gateway Triangle local Redevelopment Advisory Board. Meeting Date 5/25/2004 9:00:00 AM Prepared By Sue Filson Executive Manager to the BCC Board of County BCC Office Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 5/13/2004 4:57 PM Commissioners Agenda Item No. 9A May 25, 2004 Page 3 of 14 _0_00_'_,... 135/05/213134 139:53 2397754456 BAVSHORE/GATEWAV CRA PAGE 82/03 ~,.- , ,- Bayshore/Gateway Triangle Redevelopment At.. Community Redevelopment .Agency 2408 L Inwood Ave Sait. 11 Naples. '1 S..U2 Phon. 231.1'3.1115 Fax 231.775.44'. MEMORANDUM eRA Board TO: Sue Filson, Executive Manager ~er Board of County Commissioners mes N. Coletla ::cmmlsslooer FROM: Aaron Blair, Executive Director Fred w. CoyIG ~er DATE: May 5. 2004 Donna Fiala =cmmissioner RE: Bayshore/Gateway Triangle Local Redevelopment Advisory Board FliIOk Halas :;om,n~ The recommendation for appointment to the BayshoreJGateway Triangle local Tom HennltlQ Redevelopment AdvIsory Board by acting members i8 as foUows; CRA 3taff The advisory board unanimously supports the reappointment of, D. Aaron Blair Charles H. Gunthor as the Gateway Triangle reprewntative B8yst\o(e Gm.way TltanOlo William C. Mears as an at large representative ExGeutIYe Dlf4lClCl' - The adVisory board does not support the appointment of R. Mark Winsor to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. The members of the board felt that Mr. Winsor haS not shown any Interest in their activities nor has he attended more than a handful of monthly adviSOry board meetings. An acting board member brought to the attention of the board 1hat Mr. Wmsor has held adversarlal position with the board at the meetings he has attended. The AdVisory Board would like to re-advertise this position, Thanks for all your help. ~- ColJl.r County Community Red.".loprnent AlIIeracy w w W . colli e r tI 0 Y . n 8 tip I ann i A g lor _ J c r aA!JEI'ltla blln NtJ!l9A May 25, 2004 Page 4 of 14 I _~___,o_,,"",~..__,,o.,o"._o__"O_'.. __ ._'__ __,'.'0.0.._' 'P Fax Transmittal Form To From Name: Sue FIson Aaron Blair Organization NameIDept ace Office cc: Phone: 643-1115 Phone number: Fax: 775-4456 Fax number: Emalt. a Urgent Date sert l;J For Re\Iiew Tme &eft: a PIee!'le Comment Numbef" of page$ inctuding cover page; a PIe8$e Reply Message: Sue Mr_ Made. 'Wmsorwoald fit Into the Baysbore Raldeat C8fegCIy fur- dte BaysbordGateway 'frimgle Ad\rismy Board 'Thank you so much AJII'OO Agenda Item No. 9A May 25, 2004 Page 5 of 14 tl3/t13 39'i1d ~ ^1;1M3.lt19/~W 9SiPpSiLL6e:Z; Ze::L9 PI3I3l/99/S9 --- + .- - Bayshore/Gateway Triangle Local Redevelopment Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Bruce Babbitt -69&-199 t- 04/22/03 OS/22/04 1 Year /' 3338 Dominion Drive 353-6404 Naples, FL 34112 E-Mail: District: 4 Category: Bayshore Resident Mr. Chuck Gunther 714-6662 04130/02 OS/22/04 2 Years / 2448 Bayside Street 114-6662 Naples, FL 34112 E-Mail: District: 4 Category: Gateway ResidentlBusiness Mr. William C. Mears 04/30/02 OS/22/04 2 Years /' - ,-- 3804 Clipper Cove Drive 714-7147 Naples, FL 34112 E-Mail: District: 4 Category: Bayshore ResidentlAt Large Ms. Sharon D. King 111-3531 OS/22/01 OS/22103 2 Years 3307 Dominion Drive 714-4176 04/22/03 OS/22/05 2 Years Naples, FL 34112 E-Mail: District: 4 Category: Bayshore Business Mr. Bill L. Neal OS/22/01 OS/22103 2 Years 3839 Clipper Lane 714-6325 04/22/03 OS/22/05 2 Years Naples, FL 34112 E-Mail: District: 4 Category: MSTU Member r---- Thursday, SeptDnhe, 11, 2003 Pagelof3 -," Agenda Item No. 9A May 25, 2004 Page 6 of 14 ---_."-....._._~-~_.,,......."_._-_._. -.,---.---... . . ----------- ----- Bayshore/Gateway Triangle Local Redevelopment Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDote 2nd Term Mr. Ronald A. Fowle n4-4400 06/26/0 I OS/22/03 2 Years 2595 E. Tamiarni Trail 04/22/03 OS/22/05 2 Years Naples, FL 34112 E-Mail: District: I Ctltegory: Tamiarni Trail Business Owner Mr. Philip J. McCabe 263-0723 0911 0/03 OS/22/05 2 Years 679 Fifth Avenue, S. 263-0723 Naples, FL 34102 E-Mail: District: 2 Ctltegory: At-Large Mr. Michael P. Valentine 732-6n4 09110/03 OS/22/05 2 Years 2408 Linwood A venue, Ste. 7 A 248-6981 ~ Naples, FL 34112 E-Mail: District: 4 Category: Davis Boulevard Area . et~ Mr. Peter H. Van ArsdaIe(fk'lf~t'\'O'o 261-8110 09/10/03 OS/22105 2 Years 123 11 th Avenue, S. ~' 253-8246 Naples, FL 34102 E-Mail: petervanarsdale@earthlink.net District: 4 Clltegory: At-Large --- ' Thunday, September 11, 21HJ3 Page 2 of J Agenda Item No. 9A May 25, 2004 Page 7 of 14 ,-' ",-, ,-- Bayshore/Gateway Triangle Local Redevelopment Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term On March 14, 2000 the Board of County Commissioners adopted Resolutions 2000-82 and 20C>>83 establishing the Collier County Community Redevelopment Agency and identifying two areas within unincorporated Collier County (BayshoreIGateway Triangle and Immokalee) as areas in need of redevelopment. In addition. Resolution 2000-83 authorized the creation of Local Advisory Boards by separate resolution to assist in the implementation of the redeveloprnent plan. The CRA adopted Resolution 2001-98, which included a set of bylaws for the BayshorelGateway local Redevelopment Advisory Board. On 6113103 the CRA Board adopted Resolution 2003-217 revising the membership to add 2 members for a total of 9 members; 3 can be at-large in district. - --, FLSTAT SIII/f: Aaron Blair, Urban Design Planner: 403-2321 r'- - 1'Iuust/iq, Septmrbel' 11, 2(J(J3 Page3of3 Agenda Item No. 9A May 25, 2004 Page 8 of 14 -,..__.,.- .. ----_.,,~_...._~,,~~...,,-,,- -"~""'-'---"-- --, MEMORANDUM DATE: AprilS, 2004 TO: Elections Office IJA FROM: Sue Filson, Executive Manager .' 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 registered voters in Collier County. Also, please list the connnission district in which each applicant resides. BA YSHORElGATEW A Y TRIANGLE COMMISSION DISTRICT R Mark WInSOr J-j 2500 VanBuren Avenue Naples, FL 34112 Charles H. GWlther 2448 Bayside Street / Naples, FL 34112 Wdliarn C. Mears ~ 3404 Clipper Cove Drive Naples, FL 34112 Thank you for your help. p~CE.Vr::;n > H.:~' ~ L-' Ii. F' ~~ G ? {C .~..; 8oa"(C 'Jt C~ii;nT- ~ ~_i.,.r,ml~: j t(JrJer~ Agenda Item No. 9A May 25,2004 Page 9 of 14 -, MEMORANDUM - DATE: AprilS, 2004 TO: Aaron BJair, Urban Design Planner FROM: Sue Filson, Executive Manager ';If , Board of County Commissioners RE: Bayshore/Gateway Triangle Local Redevelopment Advisory Board As you know, we currently have vacancies on the above-referenced advisory committee. A press re~ was issued requesting citizens interested in serving on this committee to submit a resume for co~deration. I have attached the resumes received for your review as follows: R Mark Wmsor 2Soo Van Buren Avenue Naples, FL 34112 Charles H. Gunther ,- 2448 Bayside Street Naples, FL 34112 William C. Mears 3404 Clipper Cove Drive Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-:frame, and I will prepare an executive swmnary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. 1bank you for your attention to this matter. SF Attachments - Agenda Item No. 9A May 25, 2004 Page 10 of 14 ._--- .-.-.....-.. .-...".......- --.....--"". _'_'_k'~__~____^'_'_'_ . Page 1 of2 filson_s From: AdvisoryBoards Sent: Friday, March 26, 2004 8:33 AM, To: filson_s Subject: New On-line Advisory Board Application Subnitted. eo1ti:n.em.nty Board of County Commissioners _ ~ . I -----..-..- 3301 East Tamiami Trail tft........it lJ. Naples. FL 34112 ......'.', Tel: (239) 774-3602 . ~ .' Fax: (239) 774-3602 _. _. . ~ ,"- "4'~ / March 26, 2004 Application for Advisory Comm~s I Boards Name: R. Marie 'Mnsor Home Phone: 239-775-3663 Home Address: 2500 Van Buren Ave. City: Naples Zip Code: 34H 2 Fax Number: No information provided. Business Phone: No infonnation provided. Emal Address: rrnwinsor'@hotmail.com 80lIrd J C<lt...littee Applied for. Bayshon!IGateway Triangle t...ocat Redevelopment Advisory Board Category: (if applicable) Lay pen;onICIizen At-large Are you a registenld voter in Colier County7 Yes Do you currently hold public: oI'IIce? No Do you now serve. or have you served on a Collier County bo8nI or No comn..u-? Please fISt your community activities: Past volunteer with the local turtle project under lots. Maura Cunan Education: 2 year degree in HolticUture tom Kirkwood CoIllll1U1iy COIege, Cedar Rapids, IA Experience J Background: IMlen I first came to Naples, I wor1led for \NesIIrVlOUSe Corp. !Rier Ross 0bIlly at Pelican Bay as the landscape-Utillles Coordnator. I have continued to work in the horticulture field since then. I served as the first stiff hortlc:ulturist at the Conservancy Nature Center, working under New Putzer and WIllard Menihue. I presenIIy have a my own sma. lawn care service.l have owned my home on Van 8lnn Avenue forthe last twelve years, and have watched !he area grow and cha~. I would lite tG see the area Agenda Item No. 9A 3/29/2004 May 25, 2004 Page 11 of 14 Page 2 of2 - continue its improvements.. and become a safer neighborhood for my chidren to grow up in_ - - - ,- Agenda Item No. 9A 3/29/2004 May 25, 2004 Page 12 of 14 - ..--- -.------..-...--.-....-.-. Page 1 of 1 filson_s -.".' Board of County Commissioners I.-~ cQIlleT Cownty _____ to~'_."-:-'''''''''''''''._ __.....__ 3301 East Tamiami Trail Naples, FL ~112 f( :-,} -/' Tel: (239) 774-3602 Fax: (239)774-3602 March 25, 2004 Application for Advisory Committees I Boards Name: Charles H. Gu~ Home Phone: 239-248-1394 Home Address: 2448 Bayside S1reet City: Naples Zip Code: 34112 Fax Number. No information provided. BusIness Phone: 239-248-1394 Email Address:, FLGul'if1er@comcastnet - 8oa'd I eam..liiIhoa Applied for: Bayshorelgateway Triangle CRA Advisory Bet CategoIy: (if applicabJe) ResicIentiaI Representative Triangle area Are you a registered voCer' in Collier County? Yes Do you currently hold public office? No Do you now serve. or _w you served on . Colier County board or Yes ,,-, ..tiIIl.-d? . yes. please IlsI the ~s I commiUl!es: Preseft Member of Bayshorelgateway Triangle CRA AdvIsory Board Please list your ccmmunity acIMties: Freedom Triangle A$sodation, PresidenI Education: High School Grad Experient;e I Badtground: Active in Neiglborhood associations in N.Y.C. in late 60's and early 7(Js. Active wih N.Y.C, planning Commissjon via neighborhood As&odaIions during same time Have served 1 teRn on this Advisory Board Resident of this neighborhood for 30 + years. Agenda Item No. 9A 3fl512004 May 25, 2004 Page 13 of 14 ~-----..__._- Mar 13 04 01:59p William c. Mears 239-774-0122 p.l - Application for Advisory Committees/Boards Board of County Commissioners cJm~ County 3301 East Tamiami Trail RECEIV Naples. FL 34112 (239) 774-8097 Fax: (239) 774-3602 MAR 1 5 .~~;::;:--\~~..~.~ ( Board I)f :ountl COllUlf$$1on~r~ Name: ~ 1.., 1 . ... .b I'!.. IVI_ ... Home Address: .,.. .. ~.. - .- '10.._ .- I Zip Code: l/fJ.. . ... Home Phoae: .2 ~ _..,..,-1_ I Business Phone: I "'u: 2...... - ~....l _ 0 ,~ 2- e-fIGiI address: --'fAn"'" - __.L "A"#- Board or Committee Applied for: ~ ~ . ,I... _.. .,.-:;:;. I. .!"" .....,. - - <II , & C"l~ (iI anolic:abk) , ElaUII'ple: Commisaioa DIstrict. DcYdooff. envi....anoea..1ist. Crtb:nt-At-La1"EC. de. Are vou a re2istered voter in Collier County? I Yes IL,;f T No r 1 Do vou currently hold public office! I Yes I I I No J;Of' If so. w...t off'JCe do vou hold? Do VOU BOW serve, or have vou ever served on a Collier County board or commiuee? I yes,........ I No r 1 If v(":<,. pka.'ie Iillt lilt' boanlslcqBUllitues: "7 . k'> - 'T ._ _.A. I _ _ ";;Z'_.- ~~ /~ .A -~"\ f '- Please list your communitv activities (civic cl.bs. aeidabortlood assoclati.as, etc. aad positions bdd): ~-~ .~~- . ,. LI. __a' Education: <-- ~ A 0- - , ExperieoceJBackeround: . <:'.....-! ~ .- A - - , _. n-- -.dr lUIJ' IUUltiDlUI/ iIIf~~ youfal peniIIenL This IZppIktItUne u-Jd bef~iI IiISIu: m-. &cet:JIdw M-.n'.- :&crrlefCmurl}1 C_bsiDtIRS, 33tJI E4st T--.J TraJ4 NtIpIa. FL J4J 12. If yo. .....Pt-P)'ll*l' ~et'ft~nFN~1Ite- ...u Ie SIId11sD~iir6l1~tw."rf.. TluulkytJ..f- PDhuru"rbw tD u__"'" ~ DfC.m- c-.t;,.. May 25, 2004 Page 14 of 14 ....-------. .- ~ - ---,.- ...~,-_._------- _. EXECUTNE SUMMARY To approve the acquisition of right-or-way required for the construction of six-lane improvements on Golden Gate Parkway between Airport-Pulling Road and Livingston Road and intersection improvements at Golden Gate Parkway and Airport-Pulling Road consistent with the Grey Oaks PUD - Project No. 60006. (FISCAL IMPACT: $4,907,000.) OBJECTIVE: To obtain the right-of-way required for the construction of six-lane improvements and intersection improvements at Golden Gate Parkway and Airport Road from the Halstatt Partnership consistent with the Grey Oaks PUD. CONSIDERA nONS: The Grey Oaks PUD document (Ordinance No. 90-48, as amended) required the developer to dedicate right-of-way to Collier County for the construction of Livingston Road, and for the 6-lane expansion of Golden Gate Parkway, and for the construction of the grade separated overpass at Golden Gate Parkway and Airport Road, and to receive road impact fee credits in exchange for these dedications (the total dedication credit not to exceed 25 acres ). While the improvements, including the overpass, are essentially within the established footprint, -, the total area of the right-of-way required to construct all of the above-referenced roadway improvements exceeds the original estimate of 25 acres. While the County may issue road impact fee credits for the first 25 acres of right-of-way required, the land owner is entitled to cash payment for the balance of the required right-of-way. The value of the road impact credits was first established 1995 during the acquisition of the right-of-way necessary for the expansion of Golden Gate Parkway between Goodlette-Frank Road and Airport Road. Right-of-way from within the residential areas of the PUD were valued at $50,000 per acre. Right-of-way from within the commercial areas of the PUD were valued at $6.25 per square foot. These unit values form the basis of the original Developer Contribution Agreement approved by the Board of County Commissioner on April 11, 1995, issuing road impact credits to the Halstatt Partnership. Following the precedent established in 1995, and using the same unit values for the dedications eligible for road impact fee credits (the balance of the 25 acres not already dedicated to the County), Halstatt Partnership has agreed to accept $1,978,943.40 in road impact fee credits, and a cash payment of $2,913,202.74 ($9.00 per square foot) to the County of all of the right-of-way required for the construction of the grade-separated overpass and six-lane improvements along Golden Gate Parkway between Airport-Pulling Road which exceeds the 25 acre dedication originally contemplated in both the PUD and the DR!. FISCAL IMP ACT: Funds in the amount of $2,928,056.60 are budgeted in the Transportation .-' Supported Gas Tax Fund and Impact Fee Funds for this payment. The $2,928,056.60 covers the Agenda Item No. 10A May 25, 2004 Page 1 of 26 --- Page 2 of2 .- cash payment, the title insurance and the recording fees. Impact Fee credits will be issued in the amount of $1,978,943.40. Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: As part of the County's Capital Improvement Element, the construction of the grade-separated overpass and 6-lane improvements, this purchase is consistent with the Collier County Growth Management Plan. RECOMMENDA nONS: That the Board of County Commissioners of Collier County, Florida: 1. Approve road impact fee credits in the amount of $1,978,943.40 and cash payment in the amount of $2,913,202.74 to the Halstatt Partnership for fee simple conveyance and easements of all property described in the legal sketches and descriptions contained in Exhibit A; 2. Authorize its Olairman to execute on behalf of the Board a Developer Contribution Agreement (DCA) for the issuance of said road impact fee credits, said DCA to be drafted and approved by the Office of the County Attorney; 3. Authorize its Chairman to execute on behalf of the Board a Purchase Agreement for the purchase of said right-of-way (item 2 above), said Purchase Agreement to be drafted and approved by the Office of the County Attorney; 4. Authorize staff to close the real estate transaction, and to record the conveyance - instruments and any and all curative instruments in the public records of Collier County, Florida; and 5. Accept the right-of-way conveyance instruments as provided under the DCA and the Purchase Agreement; and 6. Authorize any and all budget amendments which may be required to carry out the will of the Board. _. Agenda Item No. 10A May 25, 2004 Page 2 of 26 ~----'". .__H___"'~"__ -. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 10A Item Summary To approve the acquisition of right-of-way required for the construction of six- lane improvements on Golden Gate Parkway be.....'een Airport-Pulling Road and Livingston Road and intersection improvements at Golden Gate Parkway and Airport-Pulling Road consistent with the Grey Oaks PUD. (Fiscal Impact: S4,907,OOO.) Meeting Date 5125/2004 9:00:00 AM Prepared By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Transportion Services Construction Approved By Sharon Newman Accounting Supervisor Dale Transportion Services Transportation Administration 511412004 4:36 PM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportion Services Transportation Administration 511412004 4:52 PM Approved By Gary Putaansuu Senior Project Manager Date Transportion Services Transportation Engineering and Construction 5114120042:34 PM Approved By Transportation Engineering! Gregg R. Strakaluse Construction Mgmt Director Date Transportation Engineering and Transportion Services Construction 5114/2004 2:26 PM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 511712004 8:59 AM Approved By Nonn E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 511712004 10:17 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5117/2004 10:56 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 511712004 12:35 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Off'lCe Office of Management & Budget 5118/2004 8:49 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/18/2004 4:56 PM Agenda Item No. 10A May 25, 2004 Page 3 of 26 ---- \ (ASl 1/4 COR. SEC. 26 .___11._ ,- --~~-.:-~-~-...::~=-~--- --- ,-. -. -~- -- SECllON 25--19-25 - -,., S[CllON 26-49-2S 'ij - FJ"'h ~' __=I~':7':~" _~====:___'-.-- I '''CC',-,,'-=c--I _." i C(N[~l NOT( . 1 " - 9,1\SElfH( I LYNTON, HrNORY & SPROUL TRUSTEES I OR 1332/1004 \,~...n "..~. !/~:c, .. OItJ&O~.n '""\1 Il ~ ~ -----.-.... - u "'fr~-;;~-;~~.=-;2~i~:iT;--- --- --- i 1 ~ 0 II \" OR 2J61/14()<4-1411 , I t~ _ = PROPOSED AOOmPNAl RieHl-OF-WAY I I 0" I 1- - - :~ I I PERPETUAL. NON-EXCLUSNE ___ j!o UNf TABlE. ROAD RIGHT -OF-WAY, DRAINAGE '1~ -= ! ",M'"if""m~ AND UTILllY EASEMENT ~~t}~~ ~~~1t11-~. -j~:oq __ PARCEL 1011 297005.8 sq. ft. - ----u- - soo"2tf4;rw 6G. '8 \ " .- -~-- S89"3j'08'"W 26:1.5-1 = V '-L5'- NOO'2@"W .TOQ: - . -1:6 589' 3J'08"W 400.00 "LT' NOO~~'W _2:~_ I - - L8 , SS9'33'OB"W 1..!.~~~_ --l9-~ - N}~18~2R"~ __~S.5~ =-Lio.... 589'33'Ofi'W_ 246.21!.... i -7( m l11 NKS 1 DJ..:.E. _?:f[~ I -112 -N8soJ.3'Oj''[ :194.88 -W- N8_8"2~W-E _6~_56_ ---=-- ~-=J~) =-l-'4__ .NOJ..:.,!:{:a"'t. '-!Q:~2-_ -Ll~ Nfi8'26'27'E 37991 I \\ . ~ . N~~QJJ~rJ~_ 2~)-OI N' ~ BEAR~^W COUNTRY ClUB. INC. =_.l~~.-- _~~i~~f;;:~: ~ __~~i6~_- , ~l . - tl~i'4~;18'l=t 4Cl9tl ~I OR 1175/612 l20 ::';02'IO'l~q.4b . 31 I ..- ~-'-21_ S87~78'~2'"W --?~09-- : ~I CUtN[ TABLE ~I \} CURVE I[NGTI' RAbIU~iA- CB Cl) ~ lQ4, 1 fi_ ~~g ~'BWQ1j~.t S4~5~OQ'5'1'~. 9~~m C2 11.77 3_8.00. IT-I4'33.- N81.3..t'~6'"W 11.:'2 :! CJ 161n 1 ~~o~~ 84'1<l:.1U.~ N1(r~6'qll"}.5D C4 397.53 ~)6~9.Jj 'fOf29w NOS11'37!'!_ ,59/.45 I CS . 221.39 ~67g:-5B 2-14'00" SO".36'18M[)221.:nJ ... II C6 ~96.4~,~~51U"_OO~90M. SO"O.1'l!f:~._?96.40- 0 w z ;0 ~ \ \ z -.--- ----- ~." \ -- \ -- ...i__ --- -----1- ;\\ ~~-_._----- .:.-~ '---' ---~ - I ~ , I --<:~'~Vr-. >-N \ \ . ~ "'~ ~'" ! z" a~ v- I ~'" ! ) ci", I 0.0 I . ~ ~ i ':J. I '"~ I --- -- ~----- ~~ ---' I ---~--- .1, I -.."'- --'-----------~~ '. ,-.-L----~__tr I - -- I ~'" I " J I ---'. ~.,,_.- --....1----.-- ~ g , I I ! ~~ I \ \ I I \ \ I O{MINCS ME BASCO OH NORn-~ AMF.RtCAN ~TUM (N.A.U.) 1986- 1990 ItUJUSTU{:N1 STM~ l"L/tN[ (7 7 CooRDlNAT[ SYSTEM (GRID) rOil I"lORIOA (A.<;;l lONE 600 Oy B~l. 'L ;<-__~ 0 l5~ . 300 SKETCH & DESCRIPTION ONLY I .J ROGlR G ~ HI Uo l"Rot r',"";lOtvA SHIMYOIl k kJAr'I'H' NOT A BOUNDARY SURVEY rLOI~lnA Il ISlIlAT10H ORllt(AlI NO ~702 SC^LK t" =<JOO. "ONIN(; DA1f 1- /2 -c"/{ rOR COllIER COUN'fY GOVFliNMENT UOJ\I~[j or COUNIY COMMISSIONERS NOi '""'LID wlll'mll mf ORIGINAL 51GNAlt'Rf" ~ IrJ\l~. lunOSSI:O ~:.J^, (If ^ rt.ORIOA RfCISII RU) l"R()f[5$IO.W ~ur.vr'(nR ANtJ Mt\i'Pr.ll ,- GOWEN GATE PARKWAY IMP/W\!EMENTS RW~ No 1 SKETC/J & DESCRIPTION O~': PERPETUAL. NON-EXCLUSIVI'; (WAD R1GHT-OILWAY, DRAINAGE AN~ UTILITY EASJ,M~;NT "I>" NORHl nORse ~) I I', .~~ful1 . PARCEL 101 N^(>L1~S, H..()IUO^ 34104 l>h.(Y41)649-1~09 FII" ('>>1)649- .' ay 25. 20 COLLlEn COUNTY. FI.OHlJlA l.A No.: 109~2 .i08 NUt.mER '"' NAM[ 01 -0015.18 OT.-OO1;..SK1Ol ) ----._.- ~~.'_. --__.0 . ---- EXHIBIT A LEGAl DESCRIPTION FOR PARCEL 101 BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICUUlRLY DESCRIBED AS' FOLLOWS. COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26. THENCE S.00'28'42"W., ALONG THE EAST LINE or THE SOUTHEAST 1/4 OF SAID SECTION 26, A DISTANCE OF 281.79 FEET; THENCE LEAVING THE SAID E."'ST LINE, N.89'31 '18"W, A DISTANCE OF 68.00 FEET, TO THE POINT OF BEGINNING: THENCE ALONG THE WESTERLY RIGHT -OF -WAY OF AIRPORT -PUlliNG ROAD (COUNTY ROAD 31), AS RECORDED IN OFFICIAL RECORDS BOOK 2064, PAGE I 16 I OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, lHE FOLLOWING TWO (2) DESCRIBED COURS[S: (1) lHENCE S.00'28'42"W, A DISTANCE 66.18 FEET: (2) THENCE SOUTHWESTERLY 104.16 FEET ALONG THE ARC OF A TANGENTIAL CIRCUUlR CURVE TO THE RIGHT HAVING A RADIUS OF 67.00 FEET THROUGH A CENTRAL ANGLE OF 89'04'23" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.45'00'54"W., A DISTANCE OF 93.98 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF GOLDEN GATF PARKWAY (COUNTY ROAD 886) AS RECORDED IN OFFICIAL RECORDS BOOK 2064, PAGE 1157 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA: THENCE ALONG lHE SAID NORTHERLY RIGHT-OF-WAY THE FOLLOWING FIVE (S) DESCRIBED COURSES; (1) THENCE 69.00 FEET NORTHERLY AND PARALLEL WITH CENTERLINE OF SAID GOLDEN GATE PARKWAY, S.89'33'08'W., A DISTANCE OF 263.54 FEET.: (2) THENCE N.00'26'S2'W., A DISTANCE OF 3.00 FEET; (3) THENCE 72.00 FEET NORTHERLY AND PARALLEL WITH CENTERLINE OF SAID GOLDEN GATE PARKWAY, S.89'33'08'\Y., A DISTANCE OF 400.00 FEET: (4) THENCE N.00'26'S2"W.. A DISTANCE OF 200 FEET: (5) THENCE 74.00 FEET NORTHERLY AND PARALLEL WITH CENTERLINE OF SAID GOLDEN GATE PARKWAY, S.89'33'08"W., A DISTANCE OF 1451.53 FEET, TO A POINT ON THE NORTHERLY RIGHT-Of-WAY OF SAID GOLDEN GATE PARKWAY, A.c; RECORDED IN OFFICIAL RECORDS BOOK 2790, PAGE 17 I 7 Of THE PUBLIC RECORDS Of CDLLlER COUNTY, flORIDA: THENCE ALONG THE SAID NORTHERLY RIGHT-OF-WAY, OF SAID OFFICiAl RECORDS BOOK 2790, PAGE 1'l17. THE FOLLOWING THREE (3) DESC"IBED COURSES: (1) THENCE N.76'48'2B"W.. A DISTANCE OF 55.59 FEET; (2) THENCE 87.11 FEET NoRTHERLY AND PARALLEL WITH CENTERLINE Of SAID GOLDEN GATE PARKWAY, S.89'33'08'\Y.. A DISTANCE OF 246.78 FEEt: (3) THENCE WESTERLY AND NORTHWESTERLY 11.77 FEET ALONG THE ARC or A TANGENTIAL CIRCULAR CURVE TO THE RIGHT NORTH HAVING A RAD(US OF 38.00 FEET THROUGH A CENTRAL ANGLE OF 1,44'33" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.8i'34'36"W, A DISTANCE OF 11.72 fEET; THENCE LEAVING THE SAID NORTHERLY RIGHT-OF-WAY. AS RECORDED IN SAID OFFICiAl RECORDS BOOK 2790, PAGE 1717, AND ALONG THE SOVTHERL Y LINE OF UlND AS RECORDED IN OFFICiAl RECORDS BOOK 2361, PAGES 1404 THROUGH 1411 OF HIE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE FOLLOWING THREE (3) DESCRIBED COURSES; (1) THENCE N.83" 11'21"[, A DISTANCE OF 797.97 FEET; (2) THENCE N8S'33'03"E, A DISTANCE OF 394.88 FEET; (3) THENCE N.88'26'28"E. A DISTANCE OF 660.56 FEET; THENCE N.Ol'42'22"W, A DISTANCE OF 10.02 FEET, TO A POINT ON THE SOUTHERLY LINE OF A lID FOOT WIDE FLORIDA POWER AND LIGHT EASEMENT AS RECORDED IN OffiCIAL RECORDS BOOK 2845. PAGE 2972 OF HIE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE ALONG THE SOUTHERLY LINE OF THE SAID 110 FOOT WIDE FLORIDA POWER AND LIGHT EASEMENT, N88'26'27T, A DISTANCE QF 379.9' FEET; THENCE N.83"03'18"E., A DISTANCE OF 170.07 FEET; THENCE NORTHEASTERLY 16i.72 FEET ALONG THE ARC OF A TANGENTIAL CIRCUUlR CURVE TO THE LEFT HAVING A RADIUS OF 110.00 .EET THROUGH A CENTRAl ANGLE OF 84'14'10" AND BEING SU8TENDED BY A CHORD WHICH BEARS N.40'56',J"E.. A DISTANCE OF 147.55 FEET, TO A POINT OF COMPOUND CURVATURE; THENCE 70.25 WESTERLY AND PARALLEL WITH THE CENTERLINE OF SAID AIRPORT-PULLING ROAD (COUNTY ROAD 31), NORTHERLY 397.53 fEET ALONG THE ARC OF A TANGENTIAL CIRCUlAR CURVE TO THE LEn HAVING A RADIUS OF 5659.33 FEET THROUGH A CENTRAL ANGLE OF 04'01'29" AND BEING SU8TENDED BY A CHORD WHICH BEARS NOS 1I'37"W., A DISTANCE OF 397.45 FEET: THENCE N.05'42'02"E., A DISTANCE OF 10286 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID AIRPORT-PULLING ROAD (COUNTY ROAD 31). AS RECORDED IN OFFICIAL RECORDS BOOK 953, PAGE 828 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WESTERLY RIGliT-OF-WAY OF AIRPORT-PUlliNG ROAD OF SAID OFFICiAl RECORDS BOOK 953, PAGE 828, S.I3"04'13T, A:DISTANCE OF 0.64 FEET, TO A POINT ON TH WESTERLY RIGHT-OF-WAY OF I AIRPORT -PULLING ROAD AS "ECORDED IN OFFICIAL RECORDS BOOK 145, PAGE 95 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID WESTERLY RIGHT-OF-WAY OF AIRPORT-PULLING ROAD (COUNTY ROAD 31) AS RECORDED IN SAID OFFICIAL RECORDS BOOK 145, PAGE 95 THE FOLLOWING TWO (2) (DESCRIBED COURSES); (I) THENCE 50.00 FEET WESTERLY AND PARALLEL WITH THE CENTERLINE OF SAID AIRPORT-PULLING ROAD (COUNTY ROAD 31). S.05'45'18"r... A DISTANCE OF 45,94 FEET; (2) THENCE SOUTHERLY 221.39 FEET ALONG THE ARC OF A TANGENTIAL CIRCUUlR CURVE TO THE RIGHT HAVING A RADIUS OF 5679.58 FEET THROUGH A CENTRAL ANGLE OF 02'14'00. AND BEING SUBTENDED BY A CHORD WHICH BEARS S.04'38'18"E., A DISTANCE OF 221.37 FEET, TO A POINT ON THE WESTERLY RIGHT-OF -WAY OF AIRPORT-PULLING ROAD (COUNTY ROAD 31) AS RECORDED IN SAID OFFICIAL RECORDS BOOK 2064, PAGE J 161; THENCE ALONG THE SAID W~STERLY RIGHT-OF-WAY OF AIRPORT-PULLING ROAD (COUNTY ROAD 31) AS RECORDED IN SAID OFFICiAl RECORDS BOOK 2064, PAGE 1 161, THE FOLLOWING THREE (3) DESCRIBED COURSES: (1) THENCE SOZ-10'l2"W., A DISTANCE OF 99.46 FEET: (2) THENCE S81'28' 42"W.. A DISTANCE OF 9.00 FEET: (3) THENCE 68.00 FEET WESTERLY AND PARALLEL WITH THE CENTERLINE OF SAID AIRPORT-PULLING ROAD (COUNTY ROAD 31), SOUTHERLY 296.44 FEET ALONG THE ARC Of A NON-TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS 5661.58 THROUGH A CENTRAL ANGLE OF 03'00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.01'0I'18"[, A DISTANCE QF 296.40 FEO, TO THE POINT OF BEGINNING; CONTAINING 297,0058 SOU/lRE FEET, MORE OR LESS. CONTAINING 6.82 ACRES, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOH: COUIER COUNTY COVIIWMFNT BOARD 01 COUNTY COMMISSICNU!S (;OLlWN GATE PARKWAY IMPIWVI,MENTS RWT~ SKETCIl & DESCRIPTION 01': PERPI>TUAI., NON-EXCLUSIVE ROAD C\&:,S~"'NC; a Item NO.1 HIGHT-Ot'-WAY. IlHAINAGJ, AND UTILITY EASEMENT ''''ONORTlllIO."FB~.'V''-SUlY.1ro 25 2 I'AHCEL 101 rh.(94~~~~~~~~'~i~':;~7U . ay , COLLIER COITNTY, FLOHlDA Ltt Nu.: flq~2 JOG NlJMlJlY rill. NN.Ar 01 -D01~.11J 01.0fJ13SK10l INIJlX NO, -~--- EXHIBIT A - r11 --- I \\1 ~.\ I t I ~~. ,- I \ I 0 ': I: I: F-PL [A$UAENI \:; lc I \ ",c:~tc-,... DR ''''''u294 \ ~ \~ \ . (R'" ~,., \ \.. "" \ ~~r.' ~ -< \ W ..__,_ E - I .~ .. . 1 ~- TEMPORARY I,k CONSTRUCTION EASEMENT \ I I EAST LINE or ~ PARCEL 701 IHE NORTHEAST 1/4 2,040.5 sq. It. L5 ~ .J g \ ; 'J - PC 113+66.31 LB ______..__ . _..._ r .__ ..._.... UNI li\~l!w.. 1__.lI.N~~ __!lLA.'~INC IIN(;III 1.1 N()1'O!!'O/"W :\//01 LYNTON. HYNORY & SPROUL TRUSTEES ---I; -SSl:I"50'!,'Y:W-' --/9n OR 1332/1004 U SH1:"4'42"W- "-';'0:61 PT 112+74.82 \"\ ~.Jc4....::t!Q~;j3~!i!}~;W. 12';BC rPl f.ASE...E",[-....... 1\ ,__.J::'?.. ___ .f't.B4:. 55'. 5. !,"L 11..[.10. I OR 1061-29. "1\1 I u-.-!:f, _:,~):l.()'!'.,!'J ');J<)~, IJNIIT.O nHPHONE ls"'......I\\ \ L.7___u ~1J:o.L.'13J _'J21_4 .01< 79fl-1615 It:: ~ I I K !;Oc,'4:.J'OZ"W 11.(,4 \\~I \ 1_- _ _ _ _ _ j' \ k I \ 110' WIDE rPl EASE...ENT OR 185/845 -- - ,-" "~ ""no""'''' ,Wo. -,,'<,-0 '.1 i i . I----r--""' ~ '"'""'" """".. "_c.'_'" .- -- -- II"! I :'~ POINT OF )11 ;:;'~ COMMENCEMENT I,',; I EAST 1/4 COR. ,I ;. ;0 _i~'1 I SEC. 26 -----~..- I ~ "" ~ :;: ---- -- _..~ --------~ ~ In 0 , HAlSTATT PARTNERSHIP ~ ! STRAP NO. 492525 001.0004A25 ,<i, _-----0 OR 1428/1348 'L . . -< ~ 1,'0 /'/ LYNTON, HYNDRY &: SPROUt TRUSTEES I g I I (}oo" // OR 1332/1004 d I ~ r ;::; ~\'. 'J:/ - 0> ...V'/".<f' I I + 1'1 /" .O!J> - ~ /' / I -; .-..// j.lttP '\\\.~~./ _.=-~~ '::~ R~W PER .Q'; 30b4/1157-__JLt_~ .1._ _ <0 _ ../ ~ .; ,'f~i(6?:' I e I .,..00 "~K()(>:..~.I'~Y 428--f.00 429+00 430-+00 4J1+00 432+00 ..33+1 .434+00 "35+00 . \'\():~~>J./~t.~/ - I I I - I I I ~ I ,'.>............. .~;;.- <-..,.,?/ GOLDEN GATE PARKWAY Ii! SURVEY ...--/ ,//... 7 8 I PI 104+51.47 __/-:=- oJ..- -=---=1;0'# rEI; OR 2134/5~\ 1 ~ r I.=- [=-~=~='_:' .~-" ~ ,/ _u_'. - ..--- \l _ 'I _ .-- '\ I I ---- .... ,~ 0 I' , I GENmAl NOTE ;L ~ I ! I Ii! = BASELINE H~I\RINCS ....Rt iVlSf'_O ON NOHIH AJ.'(P.'ICI>N ru.Jt.N.A (N.AO) 1988-1990 !\OJUS1MfNl $,A:tf PI.A.N[ ~ C()(WDINAT[ SYSn-:M (GRID) roo Ilmltl>A (AST -. (' __(.)._ lONE. ( /~ , ,_.-' ~ o 75 1~1f) 300 ITi: 1\. t.)~""-'----_ "_.__~_______ --~..-- SKETCH & DESCRIPTfON ONL Y I~(:t;fn (;. flW. P!<<)fT,SIOfW SllRVf'(()I{ ~ UAI'I'[I? NOT A BOUNDARY SURVEY L_ . -~~_~.------1 .u.~r)J\ Rc 'ISI~f.ll(). N u.RnncAlf 'JNU. :170] SCfd.I':- 1" I ~)o. SIGNING I)^T(: I ~ i l. (t 1'- f-{)I(. COLLIE!? COUNTY COVCRNMf"Nl nOARQ OF COUNTY COM~~ISSlt;Nl.I~~; ~O;I~~~I_~ :T~I~~JtTfl~~ll~~~~I~i-;~.N~~;:~.y;~u~"'6:0~~I~I~f~;;SIIl ~I^l Of - RT1TT~'" GOLDEN GATE PARKWAY IMPROVEMENTS '~I J SKETCH & DESCRIPTION O~': Tl';MPOHAllY CONSTIWCTlON EASEMENT <:< 'Ns,":nN" PAHCEL 701 JO'ONORnl~R~~ ,.~~~m No.1 A N^I'[.ES. fLORII)^J<1IU1 COLLIER COUNTY, rLORIDA rlo.(94I)04')_15"" I'll' (94[)""-JO_ ay 25, 2 04 LIl No.: W."i2 26 JOFJ NLlM8m DRAWN Oy 1111 NAME :;f I Ol--QOI5.1R f?CC: 01--0{)lS~;K"JOl or .-.-."....-------"-.--..- .-_.----------,,- _._-~ EXHlBIT A ~~~~ LEGAL DESCRIPTION FOR PARCEL 701 BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOllOWS. CQMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE N01'09'O/"W, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26, A DISTANCE OF 372.01 FEET; THENCE LEAVING THE SAID EAST LINE, S.88'SO'53"W., A DISTANCE OF 7923 FEET, TO THE POINT OF BEGINNING; THENCE S.84'14'42"W., A DISTANCE OF 20.61 FEET; THENCE N.OS'33'SS'W, 'A DISTANCE OF 125.87 FEET; THENCE N84'SS'SS"E, A DISTANCE OF 1100 FEET, TO A POINT ON THE: WESTERLY RIGHT -OF-WAY OF AIRPORT PULLING ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 9S3, PAGE 828 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID WESTERLY RIGHT -OF -WAY, THE FOllOWING TWO (2) DESCRIBED COURSES; (1) THENCE SOS'10'54"E., A DISTANCE OF 22.95 FEET; (2) THENCE S.13'04'13"E" A DISTANCE OF 92_14 FEET; THENCE lEAVING THE SAID WEST RIGHT -OF -WAY, SOS'42'02'W, A DISTANCE OF 1164 ~-EET, TO THE POINT OF BEGINNING. CONTAINING 2,040.S SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COIIIFR COUNTY GOvr.RNMENT BOARD OF COUN IY COMMISSIONlRS GOLDEN GATt; PARKWAY IMPIWVEMENTS R~\a Item No.1 A SKETCH & DESCRIPTION OF: n;MpOJ(AI/Y CONSTRUCTION EASJOMENT PM/eEl. 701 JUjU NOKlllllORSESI : ORIVE. SlJltvf70 25 2 04 N^ru~. rl.ORIDA 34UM ay COLLIER COUNTY, nOHlDA Ph.(941)649-IS<),} F;n(941)64'1-7U~6 '26 LB No: f,'J~l JOO NUMBER DRAWN 8Y I'll I' NAMF ';111[1 01-00IS.18 llle 01-00 1 ~;Sl<IO I ;J 01 INDEX NO.' I EXIIIDlT A EXHIBIT -LL- I L5 Page~of~ 4' X 4' WIDE =-=-'-i - i UTILITY EASEMENT L2 1 -- I PARCEL BOlA --- \---\ 1 I SE1~ ~E~AIL L3Jj L6 , "A" I g ,I ~ow PER on 9;5/078 -"-. ~ 'I ~... t ,f \ "\ (~ \ g t \; I \ + I _'. U) ~, . ;: v> I , 'R T.' , \ c, \ 1f t;lr..~ h ..~ I ~..~y >PL l^SflAfNT11. ~ ':1 \ \ ~~c;i~-'" OR 1051 294 \:: I .~ DE;J AIL '}-." ___ \ \ lAST LINE Of THE I I 0 NORTHEAST 1/' I L5 \ \\ ~\ l PC 113+66.31 ,I r ~\ \ ~L m .. ~ , L3 '\ ~ PT 112+74.82 1'1 \ J \ I -.-. ..._.~_._......._.___n_...... ~ '" lINL r MJI.L -- n__ ~ ;;)1 LINl '-U~^RIN(; no U:NC; ffl- ,PI EASlM[NT-....... \ I ~ 'Zl I _~.}L._.. i'Ji).l.~()()~iJ1"W ~8}1. ~Xn OR 1061-19' "l\ \ h' . L2 ____ sm,~)()'~)J"W IOlnO~"-_. . \ \ 0'\ \ U ('8ir22'54"W 4.UO UNlrr~D TnfPHON( .ES~ '--........ I i 0 \ --., _____. _.'2".__ _ _._ . . __.__~___ OR 798.'615 "!I ~ + %\ _I~"-n _ .t::lO(!'..12.'OS"L 'I.. on \ \ :: L5 N8B'n':i4"L 4 00 \ \ \ -j-r,- s6r):Ic);.;,g"w -- 4~oi) LYNTON, KYNORY '" SPROUL TRUSTElS I I, \ \ __ _ __ _ ____ _ OR 1332/1004 I 'I I I II I \ 110' W'DE fPL EI\$E"'ENT , I OR 1 85/R4S - - 1\ I l. 0 . . ... . 0 .nn - __n_ 'NTCLINEOf' THE SoUTH HA(f-SECTIO" 25-49-25 '11 i --- -. -N~L~~~6FTHCsii\JT~~rs~CTlON .!:~~9-2S ., 0 "'I -- - - i, Lv i~ "? I" -~ '. ,'" ~ I I '. " ;\{ POINT OF ~I ~ . E ~I I COMMENCEMENT ~'I ~ 1~:1 I EAST 1/4 COR. I. ;u :;, SEC. 26 .--..-/' j, lEU 0 ~ ----- - -- -. -'-- __,-n----..- II r'1: (J) E:i 0' 'I' I '.W.STAlT PAATNfRSHIP ~ STRAP NO. 492525 OOl.0Q04A25 ;;; I I OR 1428/1348, . 0-<' ;"ij .,1,\1,1./// LYt>lTON. HYNORY '" SPROUL TRUSTEES II "t I ~ ,/00" ,/ OR 1332/100' II :g 1 0 ,,'v~' // <I> d,'! .. 1 ,t I ..,'" / ...,,' . ...-7 I I ';: _~ 0,,<1> \1'\\\\')//' ....-.~-------- -- un I __".' -.- -- - n _'__' flOW pm all 2_~>1,u.!.~2__..lJh. ~_l_~__n.-'- 00 (;..:i(';:~~' ~ I +00 4~&~ :'t\/~~~ . b. 1\).-) 426+00 429+00 4JO+OO -4J1+00 432+00 4J3+ 4J4+00 4~ . ~X~--. ~,~~~/ - , , t - , Ii! SURVEY " ;3.;/, '{}:/ GOLDEN GATE PARKWAY g I "-PI 104+51.47 .__--:;: }':~" ~" -~". """' '''<r''""~I' ~; ~ll-=r-::~:':~ I] "t 1 Ii! = BASEUNE I ~ I I AFARINCS AAr 8!lSI.D ON NORHI A!.lfRICAN n....-.uu (N.A.O.) 1986-1990 AflJUSU....Nr Slo\'l( f>l^Ni COORDINAT[ SYSTEM (CHU) fOR rlORIOA ~T . .....-.. r-:'\ fl-- lONE (. ,/ . ,..--:-" 75 300 liY' ("" C ~-;., __( _ ....-'~'-_____... -_." SKETCH & DESCRIPTION ONLY -----.:J '~OGr~ c/ ....T[~:-'rr(Of(SSIONAI. ~;UIMYIll~ k llW)"'I~ NOT A BOUNDARY SURVEY .. - fl.OI?lOA nlG.1RMION c.mHFlCA.rr. .t<<.: ). 51Oi! SCALE J"=J~O' 5lGNINi> DIllE: /_1...::" L~;"4- NOl VALID WlTuour THr OOIC....w. SK;W.flJI<f AI 1U.1~;l.O I.UI\O~~fl) ~;U'.l 1"4- rOH. COIJ IfR COUNTY GOVt:.HNM[N'r 80^I~O or COUNTY (:OMt>..1IS'SiONER~; " nORllJ/l R[CISTrRto PR01TSSIr:NAl.. SUIM"'f)~ "Nil U.\PI'IJl. - GOWEN GATE PAHKWAY IMPIWVEM~;NTS DWTj\"" SKHCH & DESCIUPTION OF: ,I" X l' lVWE UTILITY EASEMENT .l~'~"i~a Item NO.1 p ARC}O~J.. 601 ^ 3050 NOR'11111()RSE~~R1V'~. SUi(l~1(J 25 2 N^I>LES. FLORI[)^ HI04 IVlay COLlJF.H COUNTY, FLOHIDA "10(""')6<19.1.""' 1'"(,,,""...,7<1 ' 1.11 No.: 6Q:i2 JOIl NUMRER flU: NAMI: 01 0015.18 01~OOl~)SKHOI^ EXHIDIT A EXH~I!,-LL Page ~ LEGAL DESCRIPTION FOR PARCEL 801A BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE N01'09'07"W., ALONG THE EAST LINE OF THE NORTHEAST 1 / 4 OF SAID SECTION 26, A DISTANCE OF 837,93 FEET; THENCE LEAVING THE SAID EAST LINE, S.88'50'53"W., A DISTANCE OF 101.02 FEET, TO A POINT ON THE WEST RIGHT ~OF -WAY OF AIRPORT PULLING ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 953, PAGE 828 OF THE PUBLIC RECORDS OF COlliER COUNTY, FLORIDA AND BEING THE POINT OF BEGINNING; THENCE LEAVING THE SAID WEST RIGHT -OF-WAY, S88'22'S4''W, A DISTANCE OF 400 FEET; THENCE N.00'32'08"E, A DISTANCE OF 4.00 FEET; THENCE N.88'22'S4"E, A DISTANCE OF 400 FEET, TO THE SAID WEST RIGHT-OF-WAY; THENCE ALONG THE SAID WEST RIGHT-Of-WAY, S.00'30'39''W, A DISTANCE OF 4.00 FEET;, TO THE POINT OF BEGINNING. CONTAINING 16.00 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY rOR, COlLl[l~ COUNTY GOVEIlNMIN r BOARD Of' COUNTY COMMlssr')N(I!S GOLDEN GATE PARKWAY IMPROVEMENTS RW~~ SKt:TCIl & DESCRIPTION (W: l' X l' WIIJE UTILITY EASEMt;NT '\L''A'''N(; a Item No, 1 A 'o'''NoRr''''oRSI~~ll",vr,s '1 no 25 20 4 Ph. (94~~~~;~~U:;I_~:,I~~~~4~O:7 ay , 1.11 No.: 69~2 6 JOll NUMUlR 01. 001~.18 'Nm'x NO.: . --- EXIIll:llT i\ EXHIBIT ~ __ Page..:::!...JJf ~ ,_. I ~ \ 4' X 4' WIDE 'I.' UTILllY EASEMENT L2 I 11\ PARCEL 801 B ------- I (J sd~ sD[f~AIL \ t,: 1\ ' /J.~ " "A" -~ ft ~~o/ L 1 ~ \ 'T'''^ I F"L [ASH'ENr ~\ ~ (' OR 106'-294 ~ I .~ I ROW PER OR 953/826--____ \ - \ I j DET AIL "A" \ \ 8 \ ~ I t -'-I \~\ ~. PC 113+66.31 ,;:r5~d; 1~ ~R;~:~:~4.82 L j ;l) r U L3 I I ~ : I'--~~[ TAUU---- l J I 1 ,j ___~~.L -~il-^RI~C. -:"lfN0iil- - --. rPL t~"[~l~~ \::: ~\ I -.. LI _ _ _t\i.o._."()'l.:Il7"w._.] _ 6il.I.'.lh.._ OR 061-2. \ I ~ <,OQ"'O""'''W llY)~;> \ J. .>Ou.1. ).J UNIlIUIELEPHONE F.Sl."--... 1\\ 0 \ ~\ -\3.=.~';81...;'4G..'..;;.)J.".w. '-:'-.01 OR 798-'615 ......1'1 ~ ~ ~I _~. NO.O".'.;>'()B.'" 1.()~... \\1\ \::: \ L5 N8G'~b'~;.3"l 1 01 \ \ I 6 SOO:.\O-S;j':1'i ~ '(ll -- LYNTON, HYNDRY" SPROUL TRUSTEES \~\ _ _ _ _ _ _ _ OR 1332/1004 I II I \ \ 110' WIDE FPL EASEMENT i OR 185/845 ,- I I ---._"- ~rr[jNE-6fTH(s6UiH ~ HALF SeCTION 2"6-':"49':-2"5" -1~lg .----.- 'N'LY-ll~~~!_!_~_~O~~ -~~f Sf.~~~.N~~~-4_~ .~5 I + ) I ~ 1'8 . I O;l) --- - \ ~ -j~ {l ~' ~ I :;: ;g ,l{ POINT OF ,\ ;ti E ~I COMMENCEMFNT / I f.ij 1~.' I EAST 1/4 COR. I:;: ;u ,';'1 SEC. 26 - ---~---~- ( ~ ~ ~ ~ ~ -' -- -- ------ I ~ Vl 0 HAlSTATT PAR1NERSHIP - ~- -- I I ~ I I $lRAP NO. 492525 OOI.OQQ4A25 I < --c-o OR 1428/13<8 .-/ j' ~ W'U " 1\\\;/. ...// lYNTON. HYNDRY " SPROUL TRUSTEES 'I ~ I _ .t(pbh /// DR 1332/1004 I :'l r 0 I y~5" ./ <P - I 'r "I'" .../ ,Y" I -, ~ /',,~ / ': ..p.. ___-- :1~t:P \.\\\\\..../_~ . -- --~.-=---==-:::--=- _~OW _PER_~OR.-~4/1'57 _ ..r:::..-!iL!-1-- <D - --" _// <P ..' (,0fA~1~;:, so I .". /,-i~ I\;r 428+00 429+00 04JO+OO 431 +00 432+00 433-+ .04+00 4:305+00 c.: 'l;:~~/~5J'i:)o/ - , , I - I ~ /" l,~l 7 GOLDEN GATE PARKWAY ~ SURVEY /- //1"'1' Y 8 I PI 104+51.47 _/--:::.- ~y ~ -ROW PER OR 2'94/~'8J'1 ~ r T- -'-=':-'--- // ~ -==._--0=- -==---=--=-- 0 -. -r ..-- / --.-.- -- - )1 ~ 1: I -~::~:~:TE I 'i' Ii) = BASElINE I ~ I i I HrAAlNGS AAf rl^,.C;f.O ON NORTIl MU:R1CAN 00\1t)l.l (NA().) 19611-.'990 I\l)JIJSlLiEtH STAff. ~ ~~'NI\I[ SYSTE... (GRID) roo fH)HlIlI\ EAST ........,_.~ ",./---1/--- o 75 150 :!OO "V, 1\ ~..}.C -{ (".._._L. SKETCH & DESCRIPTION ONLY I RO.CJ:R ~' 'N?l,j.. 1'RO(''';CJON^l Sl"MYO. " U""Fl" NOT A BOUNDARY SURVEY -------.J flOI?1M :C;IS"IRAU.ON tfR.'lnc.Mf ~t ~)/nl SCALE: 1"""150' SIt;NING l)Al'[; / --t';'> - /?"j- - , NO! VAlID WllllOUT lIIf ORIGlNN SIf.NA'IIIUJ ... R^l~fl) umoss.UI ~FAl III ,- fOR: COI.LlER COUNTY GOVERNMENT 80AHD 01 COUNTY c..OMMISSJONFRS ^ n0R10^ ~U;ISllRlD PROfrs.SKlNA! !'-1I1M,'Y'0I'~ ANn MJIJ'f'flf GOLDEN GATE PAHKWAY IMPROVEMENTS SKETCH &: I>t;SCRlPTION OF: l' X 4' WIDE UTILITY EASt;MJo:NT PAHCEL !lOW COJ.LU;R COUNTY, JOB NlJMBEI~ 01 -OOIJ.1R 7 ~,^--,-~- ---------~.,._--- - -'--- I~XHIBIT A EXHIBIT ~ Page -L-of-6.L LEGAL DESCRIPTION FOR PARCEL SOl B BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COlLIER COUNTY, FLORIDA BEING MORE PArHlCULARL Y DESCR'BED AS FOLLOWS. COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26: THENCE N.Ol'09'07"W, ALONG THE EAST LINE OF THE NORTHEAST 1 / 4 OF SAID SECTION 26, A DISTANCE OF 686.16 FEET; THENCE LEAVING THE SAID EAST LINE, S.8E;50'5.3'W, A DISTANCE OF 105.42 FEET, TO A POINT ON THE WEST RIGHT -OF -WAY OF AIRPORT PULLING ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 953, PAGE 828 OF THE PJBLlC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING THE POINT OF BEGINNING; THENCE LEAVING THE SAID WEST RIGHT -OF -WAY, S86'46'53"W., A DISTANCE Of' 4.01 FEET; THENCE N.00'.32'OS"E., A DISTANCE OF 4.01 FEET; THENCE N86'46'53"E,A DISTANCE OF 4.01 FEET, TO THE SAID WEST RIGHT ~OF -WAY; THENCE ALONG THE SAID WEST RIGHT -OF-WAY, S,OO' 30'.39"W., A DISTANCE OF 4.01 FEET;, TO THE POINT OF BEGINNING. CONTAINING 16.00 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY fOil: COLLIER COUNlY GOVF.RNMCNl IjOARO OF COl!NlY COMMISSIONmS (;OWEN (;ATE PAHK\VAY IMPROV~~MENTS RU~, No 1 SKETCIl & DESCHlPTION O~': l' X 4' WllH; UTILITY EAS~;MENT 30<" NORTI! "o.AO~ I fl:t\EW1 25 20 1'h.(94~Z~~C:L~~~~i~i~~_1 _' ay , Lll No.: €l'9.li2 .JOB NUMll[f, 01 001518 INOD NO: EXIIIlllT A ~~~ rr:~L \\ 1 \\1 rr -" - - .---- - t .,il \ '1 \ L I \t! ~ l L3 \ \ I \ \ ~<D ~ - ""-- '" ,~,~"' \' l' ~. OR 1061-294 \ ~ ~ ~~;~ ' ~ - ~ L5 W ~::~ f~ 4' X 4' WIDE i r r UTIUTY EASEMENT PARCEL 801C 16 sq 1\ SEE DETAIL ro "A" ~ I ~. "." ,"1,'"----\' eo "3+06," [AST LINE OF mE NORTHfAST 1/' PT 112+74.82 LYNTON. HYN~"';3~2~~~g~L TRUSTEES '= !\ I ~-- -1;'~[;Am E ----.. - I \ 1" t""' j""" , 1- "N" '" rp!,,[AS1[1"f~_____~;: ~\ I .~. !'lQ1'09'07"_W ~.'>1.s0 OR 06 ..29 _ .' L2 S8W50'5.\"W 1 00 I) \ ,"'co 'W'~"' '-1 "I ~\ 1--"--",,,,,. -,60_ OR 790-16':; ~ ~ l4 N04'.I<j'14"W 4 00 \ \:: \ \ \J:i J~N~~'?2'5;>':I:-:L>oo ~ l \~ \ I ~._--~ I . \. 110' WIDE FPl EASEMENT I OR 185/8"5 -, 1 . .. ... ~_ '''' ,',vu,,""' i~ <OOi.. ~ ~,.~- ",<i.i, tl-~ --' -- - - f" "" ~ .. ~"rn ~ ",,"'. ,". "." J I i ~I -- m_ ,- -.. .- I -< I --.-. ~ I 'U ;;{ POINT OF I' ~ ~ ~I COMMENCEMENT I a ~ ":1 I EAST 1/4 COR ,.~ I >c," - - -/-- I:' : ~ ' I --.---. '" ~ I, / -< I ~ ..../ ,=~ ~- .,- ,"o;~' " U DR 1332/1004 I ~ r a; I + I - en I - --' --~----'Ri.jWPER OR loii:jji15i -3-1..___;t _ "- -------.- -----..--.- lO ~ I 428+00 4l'3+DO 430+00 431+00 <4J2+oo 433+ -434+00 4S5+00 - , I 1 - I I -+- GOLDEN GATE PARKWAY I! SVRVEY I 0 PI 104+51.47 0 - -'OW "'" ~ "'</'"' 1 ~ r i-i -=(~ "'ff _.. ~~~ ~'--------l I I ~ 1 I! = BASEUNE I I ;:! I I Uf.^R1NGS AR[ Ilfosro ON MORTlI ^Mf:mr-AN O^TVM tN.A.O.) 19R8'l990 AI).lUS1UENl SlAff PIAN( COORDIWlIE SYS.1F::M (GRID) fOR n.ol~lt),\ lASl /7 /)'1:- lOHr 1]'<"<,, ,'-;' ,.c--_..C ~ "'. - -.j .' 0 7!) 150 30U SKETCH & DESCRIPTION ONLY L..._ .__.__ _...--.J 1fl/.;tR G ~nll~. PROf"f:.~~~":"'I'" StJf.....rYOR k IIAN'I'1 H NOT A BOUNDARY SURVEY HOf(1{)A J([(;IS'rJM1)ON CLRllllCAlf tlO. ;'-l()2 SC^u:: J~ .1f)O' :<:'!GN1Nl; O~T1.: - I Z ,. (.; .4.. FOR: COLUU, COUNlY GOVERNMLNT BOARD OF COUN IY COMMISS,ONU<S NOT \lNJ" WfTllOUl THI. U1~~INAL SJGN^IOIl~ Iri lI^'~,ro u.tBossro ~;,rN 01- ,,-. to. n_OI~()A RU:tSIFRE.[) PfWfTS~;IONAl. SUIMYON ^NO ...M'Prrt GOLlH:N GATE PARKWAY IMPROVEMENTS SKETCH & DESCHlPTlON m'; 4' X 4' WIDE UTILITY EASEMENT A PARCEL nOlc 4 COl.J.I~;R COUNTY, 6 ,lOB NUMI3E R D1 0015.111 ~.. ....-.-.. -_.~'- .--'--'-' EXHIBIT A EXHIBIT L Page~ 2::2- LEGAL DESCRIPTION FOR PARCEL 801C BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 2S EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE N.Ol'09'.o7"W., ALONG THE EAST LINE OF THE NORTHEAST 1 / 4 OF SAID SECTION 26, A DISTANCE OF 534.30 FEET; THENCE LEAVING THE SAID EAST LINE, S.88'SO'S3"W" A DISTANCE OF 100.93 FEET, TO A POINT ON THE WEST RIGHT -OF -WAY OF AIRPORT PULLING ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 9S3, PAGE 828 OF THE PUBLIC RECORDS m- COLLIER COUNTY. FLORIDA AND BEING THE POINT OF BEGINNING; THENCE LEAVING THE SAID WEST RIGHT -OF -WAY, S.8S'22'52"W.. A DISTANCE OF 4,00 FEET; THENCE N.04"39'14"W., A DISTANCE OF 4.00 FEET; THENCE N.8S'22'S2"E, A DISTANCE OF 4.00 FEET, TO THE SAID WEST RIGHT -OF-WAY; THENCE ALONG THE SAID WEST RIGHT -OF -WAY, 4.00 FEET ALONG THE ARC OF A NON- TANGENTIAL CIRCULAR TO THE LEFT HAVING A RADIUS OF 5791.58 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS 5.04'40'28"[,. A DISTANCE OF 4.00 FEET, TO THE POINT OF BEGINNING. CONTAINING 16.00 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY I (If<: COLLIE R COUNIY COVrRNM[N!' BOAr'D or COUNfY COMMISSIONERS GOLDJoN GATE PARKWAY IMPROVEMENTS Rll~~ SKETCH & DESCHlI'TION 0[": l' X l' WIUE UTILITY EASEMENT i 3030N(l""I~~ I €lta~r;n NO.1 NAPU-:"C;. FI.ORIDA :W1U4 Ph.(94I)M'J.ISOlJ l;llX(~MI)(,49-7. ay 25, 20 LR No.: (,cJ."i2 JOG NUMBfI, lll.OOlS.18 'I"DLX NO.: 1 i 1':XlllBIT A EX~~~_~\- _ \ POINT OF page . \ COMMFNCEMENT GENERAL NOTE EAST 1/4 COR. Ii! = BASELINE nJ~ nCCC "- o_n~~mn_ ... o ~ PI. 104+51.47 _ _____ n'__ - .. - HOW Pi R OR - ------ ~-~ .._ _ .. =-- _ t S~~~ _ 1 AIPROR;r -PULLlNIG ROAD -4- SECTION 25-49-25 00+601 DOHOI 00 >01 ;l,1 I 00+(01 OO+ZOI 00'101 SECTION 26-49-25 ';J HOW PU< O.R BOOK 10~~1. P^GI 1/10"~, ~-,,5 _=-.:~-~~~:c.::.'~ .---::-~-_.. . rv~--:;:=~'::--'':-C=::~B=~~~'=-nLF':'' ( o o + ") \ EA. ST LINE OF THE '1'_...1 ~ :ii I Ii N ) SOUTHEAST 1/4 ~. : '.:tll\ ..J // ~! I ~ II -- -- . ~ L t'5~ 0" t"} cr: () .. '.Jl ~ I ~ \ PROPOSED ADDITION L \... Vl "g lY I RIGHT -OF - WAY w '" g- <4> ~ ..:t ./'" S I::;..----..:...~J ..-- , g:v \ 0 Ii. -I g ~ I . I LINE 1N3Ll is'::::' ~ ~I PERPETUAL, NON-EXCLUSIVE -~L}~~_~El^ illNG __ mi~n!.... ~ ~ II ..J I');/ROAD RIGHT-OF-WAY, DRAINAGE - -L1 <;00'28'42"W 546.81 Vl t') , I AND UTILITY EASEMENT -IT- .- ~89: j3'U~'W ..31~30 ~, ~ L141 PARCEL 102A _._..... -- -.-'" ---- ~ lY ",- 6 262 sq ft l3 S89' .33'CS"W 2JO.46 0 ': ' .. ---I 4 ..... N79-:-'8'lrw -- 6-:1-:08 - ~ I >- / / - H__-'=~;= S89-'=:i:fo;;-"w ._ ;'0(;-:-0.0...= ~ ~ I "/~ ~ L6 SOO'26'52"r 8.00 I ~ g ...; rL =__I.:.L--=. 289'.3IOp";,,~H829'- Z I ~ ~ - 11\ '\ -i. .._.~ NOO'2S'j9''L 1 LO.Q...._ 0 . W t') 6;1; L9 N89' .3.3'08"[ 1206 !z I- ::J Vi <0 -.-lI0....:.:._~8TZ:(~Q':[.~..~.i"96-::; \ ~~ ~ ~~ ___..L1.1 N89',l3:9.tn. -0~,-~ z ~)- ..J ~g ---2-2.?_ ..1\I..85'4l':'LCl; _/6.!6 ~ ~ III g:~ l:.!.3 .!J~'3J'08"'L .308~ I <5 ~ <(gj L 14 SOO'2(,'5:!''[ 4.00 00 ... z _. __. _.._ ___ 0 l6 z _.L...l.5__ N89' J}:9Jn ....1)g~ ~... \ ~ _L1~ S8TOG~1.9",r~.L_!:?:79 _ ;;i . N . ZO~ , ~ I '" -!' Q I '~8 I #' I '" +- C - ~\= -.-=1 .j~ ..~ ~~~J ....J .-. 11i58::J, V I In'+':;1 ~ k1 I ;:l z: t--- .,. () ,:"".L,. I ~>I~' I. ~~titVl~1-.'..11 I~I ~_~;.31 I C7. N \ ;:: t' L8 I C : gj .... ~ (1) ~ : I I~\ gl ~~ I'--/-T J _.- .\ o ~- / ~ I~ i ';1 II ( ( B(ARINCS ME. RASl=:.n ON NORTlI AAlEh'lrN>l DAiUU {N.....O) 1?K8-t9S10 .olD.I1ISTIA[...,-r Sl....l.- f'LA~F C{)OI1O!NAH. SYS1T.... (<;Rff)) FOR FLQll1l)A [1\S~ lON' '- --; C \ ---P-- SKETCH & DESCRIPTION ONLY 0 75 150 :lOD '" ~ (;7'~~_. ../ --------'--. NOT A BOUNDARY SURVEY L-. . .___ I l'lOGER G: rAil . "UOlt$SIflNN. '.ilJIMYOR &; lAN'I'tll - n.omnA REGi"$"i -liON (:t- ~IIlIC^"fI" "fO 5/01' SCALE: ."=-ISO' SI(;~ING OATE: ,_ Ii. - 0 j:~. -, fOR: COLLIER COUNIY GOVERNMENT UOf\I~1) or COUN'IY COt-.4~ISSIONERS ~o:'l~~lle, ~i6~~R~gl.,?~~~~;~::,,~:y~/~~,u~~~~~sm ~'^I OF GOWEN GATE PARKWAY IMPROVEMENTS SKETCH & Dt;SCRIPTION 01': PEJ(I'ETlIAL. NON-I':XCLUSIVE JWi\D HIGIIT-OF-WAY, DRAINACE AND UTJI.I'I'Y EASEMENT l'AI(CEL 102A COLLmR COUNTY. t'LORlIJA .100 NUMBER 01"0015.16 ,-----,-_. .~ --- EXHiBIT A EXHIBIT .A Page~ d..3 : lEGAL DESCRIPTION FOR PARCEL 102A BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE S.00'2B'42"W. ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 26, A DISTANCE OF 546.Bl FEET; THENCE LEAVING THE SAID EAST LINE, S.B9'33'08"W., A DISTANCE OF 310.30 FEET, TO A POINr LYING ON THE SOUTHERLY RIGHT-OF"WAY OF GOLDEN GATE PARKWAY (COUNTY ROAD 886) AS RECORDED IN OFFICIAL RECORDS BOOK 2194, PAGE 583 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING TO THE POINT OF BEGINNING; THENCE LEAVING THE SAID SOUTHERLY RIGHT-OF-WAY, CONTINUE S.89'33'08"W., A DISTANCE OF 250.46 FEET; THENCE N.79'18'11"W., A DISTANCE OF 62.08 FEET; THENCE S.89'33'08"W.. A OISfANCE OF 200.00 FEET; THENCE S.00'26'52"E., A DISTANCE OF 8.00 FEET; THENCE S.89'33'08'''/I., A DISTANCE OF 348.20 FEET, TO A POINT ON THE WEST LINE OF LAND AS RECORDED IN OFFICIAL RECORDS BOOI'< 1303, PAGE 1854 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE AlONG THE SAID WEST LINE, NOO'28'39"E.. A DISTANCE OF 11.00 FEET, TO A POINT ON THE . SOUTHERLY RIGHT-OF-WAY' OF GOLDEN GATE PARKWAY (COUNTY ROAD 8B6), AS RECORDED IN OFFICIAL RECORDS BOOK 120, PAGE 247 OF THE PUBLIC R[CORDS OF COLLIER COUNTY, FLORIDA; THENCE 50.00 FEET SOUTHERLY AND PARALLEL TO THE CENTERLINE AND ALONG THE SOUTHERLY RIGHT -OF -WAY OF GOLDEN GATE PARKWAY (COUNTY ROAD 886), AS RECORDED IN SAID OFFICIAL RECORDS BOOK 120, PAGE 247, N.89'33'08"E., A DISTANCE OF 12.06 FEET; THENCE ALONG THE SOUTHERLY RIGHT -OF -WAY or GOLDEN GATE PARKWAY (COUNTY ROAD 886). AS RECORDED IN OFFICIAL RECORDS BOOK 953, PAGE 831 or THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE FOLLOWING THREE (3) DESCRIBED COURSES; (1) THENCE S.81'27' 40"E, A DISTANCE OF 9596 FEET; (2) THENCE 55.00 FEET SOUTHERLY AND PARALLEL TO SAID CENTERLINE, N.B9'33'OB"E., A DISTANCE OF 162.00 FEET; (3) THENCE N.8S'47'17"E.,'A DISTANCE OF 76.16 fEET, TO THE SOUTHERLY RIGHT-OF-WAY AS RECORDED IN SAID OFFICiAl RECORDS BOOK 120, PAGE 247; THENCE 50.00 FEET SOUTHERLY AND PARALLEL TO THE SAID CENTERLINE AND ALONG THE SOUTHERLY RIGHT -OF -WAY OF GOLDEN GATE PARKWAY (COUNTY ROAD BB6), AS RECORDED IN SAID OFFICIAL I<ECORDS BOOK 120, PAGE 247, N.89'33'08"L, A DISTANCE OF 308.51 rEET; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY, AS RECORDED IN SAID OFFICIAL RECORDS BOOK 2194, PAGE 583, THE FOLLOWING THREE (3) DESCRIBED COURSES; (1) THENCE S.00'26'52"E,,: A DISTANCE OF 4.00 rEET; (2) THENCE 54.00 FEET SOUTHERLY AND PARAllEl TO THE SAID CENTERLINE, N.89'33'08"E, A DISTANCE OF 130.00 rEET; (3) THENCE 5.82"06'10"[" A DISTANCE OF 75.79 FEET; TO THE POINT OF BEGINNING; CONTAINING 6,262 SQUARE: FEET, MORE OR lESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY f OR: COLlI~H COUNTY GOVERNMfNl 11ON,O or COUNTY COMMISSI'}NERS GOLDEN GATE PARKWAY IMPROVEMENTS RW~~ ~KETCJl & IJF;SCHlPTJON OF: PERPETUAL, NON-EXCLUSIVE IWAD C~^,TeG Item No, 1 A RIGHT-OF-WAY, DHAINAGE ANn UTILITY EASEMENT 30'0"'()RTllIKmsc.~)FI)RIW,S '1 ,270 25 20 4 PARCEL 1021\ l'h.(94:;~~~~1(~-r.~~I~~i~~:' (, ay r COLLIER COUNTY, FLOHlllA I.lJNtI.:6')52 6 J08 Nl!M8Lf< SI'ClION OI-OOl5.IG 2G . iNI1IX NO.: ~"\ ,\ \ I . EXHIBIT A EXHIBIT .-d- '6 Page --L3-of ~ POINT OF' ;. - CO,,""""'" \ \ \ G""" .on EAST 1/4 COR. \ \ Ii!. = BASELINE SEC. 2~__. n___ J ~ \ ___JL__ mm - -' PC 106+51.49.\ i_\__ n._ __ .__ . -. .-.- "--j' 0 \ -.-..- --,-- ~ PI 104+51.47 ~ _" _._.=_.=------\. .__m ____ ._.. ,___.. L1 LS~~~ J _ _ t!R~OB.T-PULllNG ,ROAD 60' 00+901 OOiIiO' ~ OO+io-Ql ~I 00+ ~ '''.C:~~L :;:r~~~~y_:~~\~3l".~'---CC\="\ : J., ' , ... <0 \ ; 1-" ~ ~I N \ . : ~I.I-, PERPETUAL, NON-EXCLUSIVE'--- \ \ ~ ~ g ~ I ROAD RIGHT -OF-WAY, DRAINAGE . N !: -- 0 AND UTILITY EASEMENT 2; ';' ~ PARCEL 1028 \ I 'L I is\ 1,625 sq. ft. I Vl 6 L 0' II _ = PROPOSED ADDITIONAl I W c g RIGHT-Of-WAY w . I tn! I !?~-.><~~::-., ii? q-' i '\ Ir I . ~ 0 I 8' I 1 -,0 ; \1 I - ..__mm --- 3':::' I ~ II ~ ,-- lIN( lAAll n:: N I \ I IX ~UN(";'~ -UI:;"RIN<=. _~NCTlI ~ ~ II ~ _--"!_ ."QO'2!L~?.:'!i _.0:u.!: ~ 8 I...J L2 N89'31'lB"W ~.9~ ~ IY I:,~ \ I ~ =~l-~,. N8-9'31'18'~_ __'_5.00__ o! ~. II ;s .. ~~~1~;~:~~:; ~~~-. ~ I \~ I .'L /~ ~~ t6 N89"3J'QtJ'"E 4.95 Z 3: J / I lL _ - '--L'7 SOlr28".2'W <416'1 : II~ €_ \'I~_ ~~ ~ ~ W ZIX . Z ~ II ~o ~ t:>8 1.1 - , I + U ~ j';j Z ~~ > II 6 o '" 0. -' ~ o C) ~ _ .... \ - . ~- I I j :i- II r-- o ~ / C.....~ --. _.__ = _.. __ ~ ~, I I 150 1 ~ 0" 0 r-- kl I r-_ ~ S . ..' I ;; \ \ ~~- n" +-. \;g Lrr I T . i ~ ~ \ ' ~ I I~ 8' ~'--l''''-'-J)- .-" ..__..._..__._....3 I 6!:- \ r ~I 1\ ( I . R[hRINGS MU BASm ON tlOR1H AUlR\CAN ().I,+UW ~N."",[l) t988-1990 AOJUSIU[toIT ST^TE PlANE COORl}INAlf. SYS1(t.l (CI?IU) FQq F10Rt(:tA [ASl . ........ (~-x=-' lONE. fi~../ ........ o 75 150 300 ny. 'K (rl'~' .~. . <" __ ..> _ SKETCH & DESCRIPTION ONLY l 1 ""I".' G. G ".. p."nS>,I(),,^,. 51""""'" " """"'.. NOT A BOUNDARY SURVEY' <too"" "fC I"A""" I:[RIlI''''Af'' '!(l. 5/0' SCALK 1'~150' SOC"'"" IlATl. I-(? - V ,A\- NOl ......IJU 'NfltfOl1r THE OfU(JNI\t SIGN^lImr & '~N:"'l) ..""Ilo;.srn ~,..h1 f)f _ FOR: COLLiER CDUN ry CovERN~rNT SOAK!) OF COUNTY COMMtSSIONEHS " FlORIOA I~H';ISTm[f) v'wnSS'ONAl SUIM.'r'ltR ANI) ""'['I'W GOLDEN GATf. PAHKWAY IMPROVEMENTS SI<ETCII & !)~;SCRIPTION or: PERPETUAL, NON-EXCLUSIVE ){QAj) RlGIlT-O~'-WAY, DRAINAGE AND: UTILITY EASEMENT I'AHCEl. l021l COLl.IER COUNTY. FLORJIJ^ JOlJ NUI.\f3Li1 01-0015.1(, ____u_.___.~.,___..__~~. EXHIBIT A EXHIBIT -..d- Page---L:Lof ~ LEGAl DESCRIPTION fOR PARCEL 102B BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE S.00'28'42"W ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 25, A DISTANCE OF 533.27 FEET; THENCE LEAVING THE SAID' EAST LINE, N.89'31 '18"W., A DISTANCE OF 50.00 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF AIRPORT-PULLING ROAD (COUNTY ROAD 31) AS RECORDED IN OFFICIAL RECORDS BOOK 120, PAGE 247 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING THE POINT or BEGINNING ' THENCE LEAVING THE SAID WESTERLY RIGHT-OF-WAY, CONTINUE N89"31'18"W., A DISTANCE or 15.00 FEEl; THENCE 65.00 FEET WESTERLY AND PARALLEL TO THE SAID EAST LINE, N.00'28'42"E., A DISTANCE or 40.00 FEET; THENCE N.34'31'18"W, A DISTANCE OF 54.82 FEET, TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF GOLDEN GATE PARKWAY (COUNTY ROAD 886), AS RECORDED IN OFFICIAL RECORDS BOOK 2194, PAGE 583 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID SOUTHERLY RIGHT -OF -WAY, THE FOLLOWING TWO (2) DESCRIBED COURSES; (1) THENCE N.89' 33'08"E., A DISTANCE OF 495 FEET; (2) THENCE EASTERLY AND SOUTHEASTERLY 64.80 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 40.83 FEET THROUGH A CENTRAL ANGLE OF 90'55'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44'59'05'[, A DISTANCE OF 58.21 FEET, TO THE SAID WESTERLY RIGHT -OF -WAY; THENCE ALONG THE SAID WESTERLY RIGHT-OF-WAY, S.00'28'42"W.. A DISTANCE OF 44.16 FEET, fO THE POINT OF BEGINNING; CONTAINING 1,625 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY rOR: COlliER COUNIY GOVrRNMI.~j I 80^RD OF COUN1Y COMMISSIONU<S GOLDEN GATE PA!{KWAY IMPROVEMENTS R'~\a Item No, 1 SKETCH & DESCRIPTION (W: PERPI';TUAL, NON-EXCLUS[V~ ROAD HlGHT-OF-WAY. DRAINAGE AND' UTIl.ITY EASEM!,;NT '0'0 NORn"loRsFS~ORIVE.S'.P27" 25 2 I'ARO:I. I02U ~_(Q4~~~~~:~i;I~~li~~13)~~~.7 ay , COI.L1ER CUUNTY, FLOIWM LU NtI.: ft'I'i2 JOB NUMBEf< 01-0015.16 ~ I I INDEX NO.: EXHIDIT A page~ \ 'f \ +, \ ' -- - N'(TONi' OfTflE SOUTfl-HAlF-'SECrION-i6-::49::251,-\ ,- " \~i\\ ,. l --~ Nh UNEOr-THE SOUTII HAlr SECTION 25-49-25 _' d ~ t~ ~ \---- - - _n -. _J \1 b ~~ ~\ \ \ u ;g ,~ POINT OF )'lll~ ~E ~I.l 'COMMENCEMENf II;/' l~~'l I I EAST1j4COR. / ii I,: l~~:! SEe. 26 _____ __~___ ..--'- ~ ~ €j g HALS1ATT PARTNERSttlP --- -- -. _ _ -.-- I \'" \!! STRAP NO. 492525 QQl.Q004A25 ../ ~ OR 1428/1348 /.. ':! \\,1_ .' LYNTON, HYNDRY & SPROUL TRUSTEES I g I EAST UN!': OF THE , 0<:>1,.1 \ // ..,~.<1' OR 1J~2/1004 I ~ i SOUTHEAST 1/4 ,', r /- o 9~ .' J - I' 1~1 .-/ .",<1' , _- ~ /" III \\v'-{ ,. ~ ~:...... _=--==~-~0.W p[korn061/1157 / ~I _~l ~ _ __.____- __//.",,<1' ,,"O'\~~~I;{~:// ~ I ~lJ"/ 1ji:' r ,,<j:-/ ~HOO 429+00 430+00 43\+00 4.).2+00 43J+~J4+00 ,~~ t.6i(..,.....:nU...j.;. 1 I I-I I I ,/~~~ GOLDEN GATE PARKWAY \! SURVEY ~ - /:::/::\1 v);'?/ 8 I - ,.----:..- \'-J/ t _ __ _ROW_P~R OR JI91/58J_~ ~ i -r:-=---..'--- -::/~ 1 I I ----- ---. J I '0 I I L' 0 l I - I GENERAL NOTE ~ ' I ~. - ~ = BASELINE ~ 4' X 4' WIDE 'ci ~ UTILITY EASEMENT I - I' '+ I ~l PARCEL 802A L6 ~ /--~ ~ 16 sq. It. LZ ~ I 11 r." , ~ SEE.. D,~TAIL --1 I w ~~. I~ ) A "l3 I! ....~,:7 o ' POINC'ANNA PRQFFESSIONAL PARK I~,'; I! 'J OR 1303/1854 II~ ~ \ ~} I I ~ - I 1;8 ~ ' ---- --- ._\ r --~,~; NAPI~~1 I ~ ~ 1 ~ I WAT[R UT'lllY ~St,.n~.1 ~~ I )) OR 1566/462 \ ~ ~ 8 I ~ I~O g t I _____.___ ___ ______m /1 - ~ I! --t ft:Jf~I~Nii[l~f~(~-- -~I CN(~ n 1 / __ _ 11 _;~9_0.?~t1!(W Ob 4;1 .__-.1/ ',I I __I? _!:"Ji.9~~r1B"W =~~4 6~ _.n. I~:::::J U ~o04';I~'O"'W ~ 01 ~ I I I ~. L~_ m _~-8~:31'-I~':W- =_-=~ 01 ,~ L~) NO~'L4'01"l 4 01 :Jj -- - ---- "'~ 16 SU()'Sl'\C'" ~O\ 9 ~ (") I I tl, 1'1 ~{; '::! I :;! , Iw ~~ I + DETAIL "An 8 ~ ~ I 1_- --- -\ ^ i 1.. I I;..~ 'f 'f I I ~; ~ ~ i I r L6 r- t~1 I I IH_>4 W J '. I 26 25 +- -r-;,I 82+8181 (lEAAINGS ARE BASED ON NORIH NA:RlCAN Dl\TUIo4 ~ (M.AO.) 1966.1990 I\lMUSUoIr.rH SlArr PlM'E ig:;~INAlf SYST(" (GRID) fOR flORtOA EASl K /'j ~- '- ,. o 75 150 . "J.; , SKETCH & DESCRIPTION ONLY 300 lJY. 1 Oli "<../C c~_ -. NOT A BOUNDARY SURVEY L , .o(;tl! G CARl . I'ROn:SS'ON^l SU'M'"'' k """"'ll1 flOlrn,^ IUGI:':,l"l\ll(}N cmnnCA,. Tt N!I. ::;.'0) SCALE: 1"""150' SIGNlUG()ATF: !-tZ.0..!-\-- ,....-. fOR: COLliER COUN'IY GOV[HNMENT BOARD or COUNTY COMMISSIONERS ':';I;;'~~ rii~~;.~~~r"z{~~~~'J~~l::'~~.':;/~~1)u~~,.~~~c;stn ~f\I ur GOLDEN GATE PARKWAY IMPROVEMENTS D~.~TM' SKETCH & llESCRlPTION OF: -\'. X 4' WIDI~ UTlLlTY EASEMENT .l~N'''.'.IJ., PARC~:L B02A :WSONOR"" ~.~SO,) ".~. ~JJ1 No. 1 COil WI( COUNTY NAI'IES.FI.ORJ[,^'4104 ay 25 20 " , I Ph.(941)MY-1.S{)l} b!l{Q41}b4l'- - , LONo.:t>IJ-"1 .JOR NUMBER 01..0015.18 ."~,..- .,-- -~-~ ~-.~'-- EXIllUIT A EXHIBIT ~ PDge~~ LEGAL DESCRIPTION FOR PARCEL 802A BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE SOO'28'42"W., ALONG THE EAST LINE OF THE SOUTHEAST 1 / 4 OF SAID SECTION 2 6, A DISTANCE OF 726.42 FEET; THENCE LEAVING THE SAID EAST LINE, N,89'31'18"W., A DISTANCE OF 54.04 FEET, TO POINT ON THE WEST RIGHT -OF -WAY OF AIRPORT PULLING ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 1 031, PAGE 1710 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING THE POINT OF BEGINNING; THENCE ALONG THE SAID WEST RIGHT -OF -WAY, S.04'24'Ol 'W, A DISTANCE OF 4.01 FEET; THENCE LEAVING THE SAID WEST RIGHT-OF-WAY, N,89'31'18"W., A DISTANCE OF 4.01 FEET; THENCE N.04'24'Ol"E., A DISTANCE OF 4.01 FEET; THENCE S.89'31'18"E., A DISTANCE OF 4.01 FEET, TO THE SAID WEST RIGHT -OF -WAY, AND THE POINT OF BEGINNING. CONTAINING 16.00 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY 101<: COIlJER COUN1Y GOV' I<NMrNT ('<lARD 01 COUNTY CO""MI~~IVNI re GOLDI,N GATE PARKWAY IMPJWVEMENTS RlX~~ N 1 A SKE.l'CH & DESCRIPTION OF; l' X 4' IV WE UTILITY EASEMENT "^~ a Item o. JO~ON(JRnll-lOH.SI~ tiUR.IVE.:;;~2?O 25 20 4 Ph.{94~~~~;:'~~;'~:11~1)}~~O:_1. ay , I.BN<I.:b'J:C;2 6 .JOEl NUMfJF:R I)I<^WN lIY r It l~ NAMI .;.IIlTI 01-0015.18 m.:c Ol-.(}(ll'1:";i<KO:>^ :; 01 INDl.X NO.: EXH 113 IT A Page J.:Lof.....B..L I '1\ ~ I I I - --- -C:P~'N" -0 THESOU1H-HAlr--S"ECTlON. i6"::'49-"::i5--I-- -~ --' \--.- __._.l\ .t.ny 'LINE-OF THE" -SOiJTH-~IALf 'SECTIOj.,j-25-o19-=-is NlY Ll t. F II 0 I I ______.____. ___ _ _H______.+._ ......_ ,~ I .~l ~ ~ ,. j I ~ I~ \\ ' I --- \Ii'l 1~ ~l \ ~- ~~ ~ POINT OF I ~ i ~ ~II COMMENCEMENT Ii, )0 ~II I I EAST 1(4 COR .-- I! i~ ::u !:,'\ SEC. 26 __. I~T> ,m 0 'li - - ,- -- - ---.- -...... --'- il'.lll ~ '" lfii; ".1 I IIALSTATf PARTNE.RSHiP . .' .. - 'I ~. STRAP NO. 492525 OOl.OOOo1A25 ~. ~ OR 1426!1.}48 ,,1 ___ -< 2: ~ b.1" ' ./ // ~J~:>c{j) LYNTON. HYNDRY &. SPROUL TRUSTEES J' ~ I 1 ~ I ,.0" ' /' , OR n32/1~ II 8 1 I 0 \'~\' //<:f> II - I I '; ",1"\ /' ,..;,' ~ " /~. . L - ~ , // <:f> \)\'>/., - ~ I ./>.! l / ,,1' "tj\ /i' / / -. - ~._._------ 0 _ '" \):. /~).l....... ,- ,__...___~=-::-._Row'i;lH ?~206~!.!.?.!-_r-l L~.Lu Jj-~-, -- ----- ,if> .\.,,-i~~r1"l'.l;./ / ~ I, -.~b. "1\0' /6\S ~D // 5+00 429+00 430+00 431+00 4032+00 "3;)+ 4J4+00 435+00 '<;J _-t.~~'I~lf;/ ,- I I I - 1 ,././ <.\-l/ GOLDEN GATE PARKWAY !J SURVEY // ./"1'.." '<7 o I ~--- \,. ./" l -ROW PER OR <l94/~83. '" :: t '---F----" _ --'~--'-- /- ~~_/ --... - ~'-----.--'--l"';?~:::; ---- - / I ---- ~ I ~ 0 I :2 I ~ENERAl NOTE \(. . L. " ~ 1 ~ \! ~ BASELINE ~ "," 0 g~1 tl,i, , POINCIANNA PROFFESSIONAL PARK I.~ I ':; ~c.c-I.-,~ ::::-....... OR T303/1854 I~: ~~ . w!.' ", ~ I' ~ W .....l"'~. . , ~ ~ ~ EAST LINE OV THE ", _ " ) I ~. 'I I SOUTHEAST 1/4 '., 4' X 4' WIDE .; ,'-) UTILrTY EASEMENT b _.1 I ~ PARCEL 8028 L6 ~' 16 sq. It. AJ I _ SEE DETAIL ~ I "A" ~ L4 ~ " I --------TI -- ~ t I )11 0' . / ~ ' 1 I -.. ------_.. -.-.-, >- UN!' IMlLr II P I IINI-- --(li:/irIING "I~ILNI.III- ~ I _ L1 __ _~no'2!H;z"w _8.Gl;~" .__ ....J!) I I __ l / _ _N89'Jl :!8~:.W ~2 on .. -- .-. AJ =:J U ,,00"28 ~;,> w ~ 00 . ~ I '-l1 u-NB9'J-l'le"l'! --"-Do ;~ I I I _LS---l-i007R'4:J"L ~~!Jl)_ " l(l g L6 Sscnl'ls"r ~ 00 o 0 n l I /: ~I~ I , DETAIL "A" ~.< f r I + 1___.. ~'" I I~ ~ ~ . "'-.! , I o 1'.l"J1 . I L6 'J! '" '" I . .- .f~ ~' (J1 C; I'~ I " ' I L4 I L J 1"1,, _I "tz~82+81.81 9fo\R1NCS NU fiA..<;[O ON ""OH"TH AM[RICAN MIUM (""-D,) l~a8-1990 NlJUSlUr.NT sr....r[ r~l^N[ .. COORI)fNMl SYSTEM (GRtfl) FOR FlORll)A [AST -"'. '. (......-,~ . -tr- ZONE /' _,' .....\". . 75 I Sf) 30U "". A; c~-. (./\ . ,~__---. SKETCH & DESCRIPTION ONLY .&om G.. HR. ''''/,n''...,^,. SIJIMYOOl .. ""'.",,, NOT A BOUNDARY SURVEY ._._~,---! HOJtIO^ Rfl; T~MtflN CUUf'ICAH. NO. ~JO] SCALE: )".:]f>O" SlGNlN(;. !)AIL J -/2 - l) ..i"\. - rOR: COLI.lER COUN'IY COVERNMCNl HOARD or COUN1Y COMMISSIONlRS ~o.\ ~~I~ ~~~II~~;R:~f\~~~~~N~~~~:_"~lt:-;~J)j,,(~~I~lf~;~f.U :~r^1 1)1 GOLDEN GATE PARKWAY IMPROVEMENTS R~~~~' SKETCH &. DESCRIPTION lW: l' X l' WIDE UTILITY EASEMENT <:..:'w n"':e~a Item No.1 A PARCEL 002D ]O~O Non~~~~~~~~~~~R:h~l\t~~sUlfVf~y 25, 2 04 COLUER COUNTY. rh.(941)649~~i~o.~";'~Jr-I)Mq. 26 JOB NUMBFR !)1 0015.18 :'ON X-'(INI ,. .JO f. 11'<;100-10 Lnll~; 1J38~nN Bor z:~tI9 :.I"N in 9S0L+(,P9 (I w.) Il::f hO~-I-U9 (11)6) -'Id VOnIO'1.1 . A.LNflO:) H:~1110:) t1tIIH VOl)n)"l.:J 'S':nJVN Ott~LlInS'::,^IHU 3011S:IS}tOllllUlON f)~n{ 112GB 13JHVd ~ntl J,N3W3SV3 AJ,I1Ufl :~([fM ,v X ,~ :.W NOI.LdIllJS30 7!/ IlJJ.:~)!S SJ.N:U'l:~^OUdi'lJ AV,OlUVd :UV:> N:;J010:> SIJJN{)ISS,Y,,,O::J AJNnO::J 30 mW08 IWI"N,n^O::J AINnO:J 1J3,rKi:J :<103 ^3^~flS A~vaNn08 V ION AlNO NOlldl~JS30 7iI HJ13>tS 'SS31 ~O 3C10V'l '133::1 3~\fnOS 00'91 8NINI\f1NOJ '8NINNI~38 .:i0 INIOd 3H1 8NI38 ONV )VM-jO-1H~ICI IS3M OIVS 3H1 01 '133.:i OO'V .:i0 3:JN\f1SIO \f "3..9I,I~.69'S JJN3H1 :13J.:i 00'17 .:i0 3JN\flSI0 V '3..Z17,9Z.00'N 3:JN3H1 :133J OOv .:i0 DNV1SIO V 'M,,91, 1~.69'N 'WM- .:i0-1H81C1 1S3M OIVS 3Hl ~NINlf31 3JN3Hl :133.:i 0017 .:i0 JJN\flSIO \f 'M..Zv,82:.00S 'A\fM- .:IO-IH81C1 1S3M OI\fS JH1 8N01\f 3JN3H1 :8NINN1838 .:i0 1NIOd 3H1 8NI38 ON\f VOIClOl_i ',uNnOJ CJ31ll0J .:i0 SOClOJ3C1 :J1l8nd 3H1 .:iO 0 I L I 38Vd 'I ~O I >i008 SOClO:J3C1 lIV:JI.:J.:iO NI 030ClO:J3Cl S\f O\fOCl 8NIllnd HlOddi\f .:10 AVM- .:i0-lH8ICl 1S3M 3H1 NO 1NIOd V 01 '133.:i 002:9 _iO 3JNV1SI0 V "M..9 1,1~.69'N '3NIl 1SV3 OIVS 3H1 ~NI^\f31 3:JN3H1 :133.:1 617'999 .:10 3JN\l1S10 \I '9Z NOID3S OI\lS .:10 17/1 1S\l3HlnOS 3H1 .:10 JNI1 1S\l3 3H1 8N01\l "M..Z17,8.Z.00'S 3JN3H1 :9Z NOID3S OI\lS .:10 Cl3NClO:J v/I 1SV3 3H1 1\1 JJN3V'lV'lOJ SM0110.:l S\f 0381~JS30 A1ClVln:JIWVd 3ClOV'l 8NI38 \lOI~Ol.:l ''uNnOJ C131ll0J '1S\l3 c;Z 38NlfCl 'HinOS 617 dlHSNM01 '92: NOID3S .:10 H:l\Id 8NI38 8Z09 13:JCI\ld C10.:l NOI1dICl:JS30 1\1831 Agenda Item No. 10 ~JO ~I e6Gd May 25, 20 Page 21 of -v.1.1 IHX3 v J,lf!IHX~I EXIllHlT _m~1 "nO""M 'W'''-'''-~'''"'''c''-'''1\\ i ~~ - '1-- ,.., ~"""':":'" i ;g ^'\ I _ --j ll~ 1~ '] I -c ~ I < 'U ,1; POINT OF II ~ F :11 COMMENCEMENT 155 . ~ :11 I EAST 1/4 COR. t: :u ,:;. I SEC. 26 __--- <:: rEf) 5:? ~~ I -------- I ~ (J) 0 I I HALS1ATT PARTNERSHIP. - jj I STRAP NO. 492525 OQl.OOQ4A25 .~./~ < I OR 1426/IJ48 . /' ~ 0':1. i'l ,..1",," /// :,>~,<:P LYNTON. HYNDRY & SPROUL TRUSTEES c.t I ~ --J. 'J~()'':> // ... OR 1332/1004 I 1'l t 0 ~'i..<!- // <:P Y - 1 I '[' ",I'" ./,/ ,..p' ~{/ -; ~ ./" \)\,\,~..~"",/ ~ ______~ ~1Jrcf> d--!\'''''' /" _./ _____~______ ___ 0 __.. ,)::l _-.t.)..- ...--.... ____ _C"'" om~, ".</, "'_ _~~ _,., _1:._ -- --- ~ ._"A0t';; /- ~ I ..~6~, ,>;\O./b'5:' I\)-Y 3+00 429+00 4)()+OO .31+00 -iJ2+00 4.B+OC <43Hoo 4)~+OO \(,'),/"rSfj./ '1\}!~"- I I I - I .\ /'//,~y./ GOLDEN GATE PARKWAY Q SURVEY . ,.,/ / l" ~/ g i _______-:_ '\~ /' . - -ROW PER 01< 21<H/S83.=~ S T ......F.-.---. .=' _n / ,/ I --_..- ._~-..- - ---1 ~ I 1------=---- //// ,I) I 0 I I J! I ~ENERAL NOTE ,~r. ....~... ';' 1 I ~ Q = BASELINE I J~ ~ I t I ~ ~ I lft _J ~ ~ ~ I'~ I; I W{N~I-l~' --....:::: )OINCIANNA PROFFESSIONAL PAR" 11.".l I EAST UNE Of THE '~. .)) OR 1303/1654 II g . I SOUTHEAST 1/4 I. I~ r:: .\ 'l ~ ~ ~ I ~ I 0 "I I CIlY o~ NAPLCS ~ ~ r~~ I i - WA It R \JTIl1Tf ESMT ---- -- I;~ ." I 011 1566/462 -n....:::;: I 01 I 4'X4'WIDE ~J~ co I -- -. ---~UTllI1Y EASEMENT I ( e :3 I II PARCEL 802C L6 L U )~ SE~6 o;h~IL~, ~ L.2g k.: I "A" + lJ L4 lUg: i', I ___ r<1 ...._. ______._.__ __._ 1/ I ~I II r :~.~l.~.N. ..~.r_-..~.TrL. I.N,~r.A.rE;~..'.(.'.',: . -ij'. ~5;,III__ I LLl_ . :;9J[.2_~:_11",^, 101l(;.~)() II I I ;;> . _ Na~'.3,Qa'''w _r,?1I0 . -=_ -=:'J I. U :jO()':!B"I/"W 1 011 I = --L4- --- 'N{;Z;:-,-l~lH';\'" ;\ 011 L 'I I t---", . .~"QQ-~ii.;?''''' ""_ S! ~:;: ~"I (i S!l9'31'W"1 1.00 i~ ~l~ I I ~ I.DETAI~6 . A' I I~ ~Ii II :- ,- 0 I ~ ~ ~ I l L4 I g, ';: I - -- "26 25 I --r-- ,.. ~I I PI 82+81.81 H(M~WGS ^R[ 8A5EO ON I-K)fHH MtrRICJl.H l)ATUM -- (NAC.) 19M-I990 AOJtlsnwtOH SMTf: PiANf. ~~~~NI\n: SYS1[1r.! (GHIil) FOR F"lOfll\~ FI\ST ..-r:--'> . --, ~---(i-.- 75 I~)O :1011 (JY:K,('(.\i...........(_<.:.---~-_..'---. SKETCH & DESCRIPTION ONLY ROGeR G. .lJ.rH;~R. I'HOll ~;~IONAt s\nl\1"Yr}ll k l.WTJ:l~ NOT A BOUNDARY SURVEY . _u__._.__l flOI-llIlJ\ IU(;I$lUAfION CH~~lflr.Al[ Nll ~,IUI SCALE: 1~~l~)O' SJGNINGOf.lf: t -rl l-_.~A _. . _. NOl VIIJ 10 Wllltour Illl: ORIGIWll. <;If;,,,^ll.'I~'- '" "',\15tH tr.lll()~SIU Sf'" m fOR: COllIER COUNIY GOVfRNl.AENf BOARI) Of COUNTY COMMI$S10NER:" A. rtOOIDA RrCISTfRrn f"lm:t:~;::;If)NI\l. SlIIM-"mR ^Nl) MN'I'IR GOWgN GATE PAHKWAY IMPROVEMENTS SKETCH & DESCRIPTION OF: 4' X l' WIDE UTILITY gASEMENT PAHCEL ooze COLLIER COUNTY, FLORIIJA JOB NUMB,R 01-0015.18 ---" ,---'" ~---,... .-- -_.. ---- EXllIBlT ^ EXHIBIT ~ Page~ lEGAL DESCRIPTION FOR PARCEL 802C BEING PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRiBED AS FOllOWS. COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE SOO'28'42"W., ALONG THE EAST LINE OF THE SOUTHEAST 1 / 4 OF SAID SECTION 26, A DISTANCE OF 1 006.50 FEET; THENCE LEAVING THE SAID EAST LINE. N.89'31'18"W., A DISTANCE OF 6200 FEET, TO A POINT ON THE WEST RIGHT -OF -WAY OF AIRPORT PULLING ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 1031, PAGE 1710 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING THE POINT OF BEGINNING; THENCE ALONG THE SAID WEST RIGHT -OF -WAY, SOO'28' 42"W, A DISTANCE OF 400 FEET; THENCE LEAVING THE SAID WEST RIGHT -OF-WAY, N.89'31 '18''W, A DISTANCE OF 4.00 FEO; THENCE N.00'28'42"E, A DISTANCE OF 4.00 FEET; THENCE S.89'31'18"E., A DISTANCE OF 4.00 FEET, TO THE SAID WEST RIGHT -OF -WAY ^ND BEING THE POINT OF BEGINNING CONTAINING 15.00 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOil COl.lIER COUN1Y GOVERNMlNI I!OMlfJ OF COUNTY COMMlSSIONrRS GOLDEN GATE PARKWAY IMPHOVEMENTS It'~\a Item NO.1 SKf:rCH &: DEscmPTION 01": l' X 4' WID)'; UTIIJTY EASEMENT PARCEL n02C JOSO NO"T11110RSES~"RIVF.,St 1 '2711 25 20 rh.{~~~~~O:I.~;~~I~~I~~~:' ay , La Nu.: {'9~2 JOB NUMBER 01..00\5.18 .' INDEX NO.: - -. EXHIBIT A LINE TABLE LINE BEARING lENGTH 11 NS9'34'3S" 143.16 L2 511'49'25"E 52.14 - __NOn: l3 N76"Jl'52"E 509.52 fP.\.-n~f"OW[Jt.uc:wr H.tr4SJAn PMT~ L4 N89'34' 38" 1964.25 ." ........ 0lIt '428/1;"'8 ~ LS 500'2S'22"E 116.S0 PERPETUAl. NON-EXCLUSM: L6 SB9'"29'5'''W 124.3.60 ROAD ~'tJr;..%,-~b.o~ L7 S61'S5'S1"W 29-1.16 PARCEl 1 04A LS NOO'28' 42"[ 107.3S 300,111 .... ft. - - COL.P[M !;AlT PMKWAY . .;;;;n- (Ilt714,.,..~f'(ROfI..~n1~ ... 1'I'~I/5j\j(_l$liff i ~- - - 1~~":::- - 1 1 - ~.."." , , I ~~S GMY~. K.. ________________~___________' '------~., OR 25Q1/12UI /' I I I , I , I I ~ GRC1 D*S, lHC. nucr A I 0II:~1/121" PN>tIHEaS GMY ewes. tIC. I OR l:50t/121ti , I I I I I I 1 I I I " , I I 11IIIII: . f'IlIIIPOSlD JIlDrtDW. *"CI-OI-WlW' '~i I QJRVE TABLE W E CURVE lENGT11 RADIUS DELTA ca .~ Cl 88.94 5679.56 o's-:roo" 501 "51'24"E 88.94 u IO.O'lt.'5l:lCW1 C2 -429. S9 3909:;2 6.11'4.... N8T21'17"W 429.37 r ""1Q.34I"'" 400:26' Il C3 404.15 8""0.00 27'.3"'00" 57S'42'5'"W . ' C4 ~57. \3 33~.~?:. 26'30'12" S7S'O'SrW 155.79 ~ ". II C5 195.1.'i 58/9.58 "54'06" N . l'"W 19514 ... I I ~ .. .. I .. .. .' LEGAl DESCRIPTION FOR PARCEL 104A BEING PART OF SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNT'(, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE WEST 1/4 CORNER OF SAID SECTION 25; THENCE N.89'.34'.3B"E. ALONG THE NORTH LINE OF THE SOUTH 1/2 OF SAID SECTION 25, A DISTANCE OF 14.3.16 FEET, TO A POINT ON THE EASTERLY LINE - OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 873, PAGE 1879 OF THE PUBLIC RECORDS OF COLLIER COUNT'(, FLORIDA; THENCE SOUTHERLY ALONG THE SAID EASTERLY LINE OF lAND, 88.94 FEET ALONG THE ARC OF A NON-TANGENTiAL CIRCULAR CURVE THE RIGHT HAVING A RADIUS OF 5879.58 FEET THROUGH A CENTRAL ANGLE OF 00'52'00" AND BEING SUBTENDED 8Y A CHORD WHICH BEARS S.01"51'24"(.. A DISTANCE OF 88.94 FEET, TO THE POINT OF BEGINNING; THENCE LEAVING THE SAIO EASTERLY LINE OF lAND, S.11'49'25"[., A DISTANCE OF 52.14 FEET; THENCE N.76'.31'52"E.. A DISTANCE OF 509.52 FEET. TO A POINT ON THE SOUTHERLY LINE OF 110.00 FOOT WIDE FPL EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 185, PAGE 845 OF COLLIER COUNT'(. FLORIDA; THENCE ALONG THE SAID SOUTHERLY LINE. N.89'34'38"E., A DISTANCE OF 1964,25 FEET; THENCE LEAVING THE SAID SOUTHERLY LINE, S.00'25'22"C A DISTANCE OF 116.50 FEET. TO A POINT 40.00 FEET NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY OF GOLOEN GATE PARKWAY (COUNT'( ROAD 886) AS RECORDED IN OFFICIAL RECORDS BOOK 465, PAGE 275 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE 40.00 FEET NORTHERLY AND PARALLEL OF THE SAID NORTHERLY RIGHT-OF-WAY. RUN WESTERLY THE FOLLOWING FOUR (4) DESCRIBED COURSES; ()) THENCE WESTERLY 429.59 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 3909.72 FEET THROUGH A CENTRAL ANGLE OF 06'17'44" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.8T21'17"W., A DISTANCE OF 429.37 FEET; (2) THENCE S.89'29'51"W., A DISTANCE OF 1243.60 FEET; (3) THENCE SOUTHWESTERLY 404.15 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 840.00 FEET THROUGH A CENTRAL ANGLE OF 27"34'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.75'42'51 "W., A DISTANCE 400.26 FEET; (4) THENCE S,61'55'51"W.. A DISTANCE OF 294.16 FEET; (5) THENCE SOUTHWESTERLY 157.19 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 339.82 FEET THROUGH A CENTRAL ANGLE OF 26'30'12" AND BEING SUBTENOED BY A CHORD WHICH BEARS S.75'10'57"W. A DISTANCE 155.79 FEET, TO A POINT ON THE SAID EASTERLY LINE OF LAND; THENCE ALONG THE SAID EASTERLY liNE OF LAND, THE FOLLOWING TWO (2) DESCRIBED COURSES; (1) THENCE N.OO'28'42"E.. A DISTANCE OF 107.35 FEET; (2) THENCE NORTHERLY 195.15 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 5879.58 FEET THROUGH A CENTRAL ANGLE OF 01'54'06" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.00'28'21"W., A DISTANCE 195.14 FEET, TO THE POlNT OF BEGINNING; CONTAINING 300,719 SQUARE FEET, MORE OR LESS. CONTAINING 6.90 ACRES, MORE OR LESS. Of.ARING$ ARE 8ASrD ON NORTH AMERICAN OolfUI.I (N.A.Q,) 19&-1990 M)JUSTt.l[Nl SlA.TE PlANl /? - (.}. =b COORDINATE SYST[U (GRID) rQR flORIDA EAST 0 200 ZONE 400 000 BY, J<. Gl1(\."\.- \.. 't.-- 0- SKETCH & DESCRIPTION ONLY I 1 ,..OG~ c:. ~R: PRO. ~SSl()to!.-.: SU~:YOR &: MAPPrR NOT A BOUNDARY SURVEY SCALF.: 100' r~o.'llOA ~.[ClSIR),nON ~G~'Z""I:': NO~70:t s....;NlNG C<lt.T[: ~. ~ ~ - FOR: COLLIER COUNTY GOVERNMENT BOARD Of COUN1Y COMMISSIONERS NOT VAlID WITHOUT !H[ C'-UClHAl IC~" F: &: ,~s.~O f"ueo.;.sEO S(N,. or .. rt.ORIOA R[C1ST[Rt.~ P!Wr~tONAl,l'IT'if'r'r.R A:ID J,WJP('t GOWEN GATE PAHKWAY IMPROVEMENTS RlIu, N 1 SKETCH & DESCRIPTION OF, PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT ... ?c It~m o. PARCEL J04A 30SU NORllt HOltS S IV U~ 0 NAPLES. FLORIDA 34104 COLLIER COUNTY, FLORIDA Ph.{9")649-ISOII fu(94I)649-JO ay 25, 2 (.fl No.: 69:52 JOB NUMBER SECTION FILE NAME 01-001520 25 01-OOI5SK 1 04A INDEX NO.: "\l_ ....;octo IIl:I\OHlOl"'.....\_........ I ~ 3-10-o.ryl"""""~-.....--~-__4_1ll--63\I'l..._ 1oO:I: ~ It-n-~_ 'lln", )-n---ft'I\D1-OO'S$Klo--~.... )/U~ '~P1I m .--"" "-~--",---.- -,,--~. ~XL ---'-- _..~---~.- ---- .--- CURVE TAOLE CURvt 1.~.(NG1H- RADlIJS - U[LTA~13 ~D C1 . 78S.40 3-769~~i _11-56-"14"__ N8~.28JrW 783.98 C2 RlO.4 7 J8fiY. Il 1.2."00.00.' I NJ:i4'JO.Og.W B08_ 99 C3 818.85 3909.72 lrOO'OO~ 584.jU'Q9.[ 817..15 PERPETUAL. NQN-D<CLUSIVE C4 777.07 3729.72 -li~;~l--';::- S84"28'lTE:-' - 775.66 ROAD RIGHT-Of-WAY. ORAIN.t.GE !\NO U11L1TY EASEMENT PARCU 1048 "1.435 Iq. fl. CCNERAl NOTE ~.~-- " - BASELINE --- HALSTATT PARIENERSHIP ~-'.- - -- OR '428 1348 NOR1HERL Y liNE OF SOUl>! HALF OF SECTION 25-49-25 ___.._ L8 C3 PROPOSED RIG OF WAY~>!ALS1ATT PARTENERS>!IP iiiw Pf.R 2QG"/IIE.:.. _ _ _ _ _ _ _ _ P8 33/59 ~,.~ ~~uAU-.~ ..-~ .__.. ~_. L:..",- _ C4 LID PANTH(RS CREY OAKS, INC. I - ~ - - - -, ,9" 2501/1216 ---- ...' ~ ~ ~ PR - - - : f PANTHER GREY OAKS. INC. Ie ' / OR 2501/1216 , ' I " PANTHER GREY OAl(S. I '1 I / OR 2501/1216 ~ , .....-......'/1 _ PROPOSED ADOJTIONAL RICHT-OF-WAy' // .. liNE TABLE "-'-. I I , LINE R[^RINC l[Ncn I I " -U- $89=-,;'1'38"W 93t,68 , L2 $00'.2'7'1.\"[ 352.25 I I 1.3 S9Q'22'I3"[ 40.00 , I I , tv 14 S89:33'36"W 212. 12 15 N7S.30'09"W 354:38 -T Q 15 S89-Z9'SlMW 80B.4-1 L7 NOO'30'09;'W- - 40,00 ~ I r 18 .NBY~29'51ME -'006.<14 19 578'30'09"[ '334.38- ~ UD N89'jj':\6'r ii.il"7- I ~ LEGAl DESCRIPTION FOR PARCEL 104B BEING PART OF SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE EAST 1/4 CORNER OF SAID SECTION 25; THENCE S.89"34'38"W. ALONG THE NORTH LINE OF THE SOUTH 1/2 OF SAID SECTION 25, A DISTANCE OF 931.68 FEET TO A POINT ON THE WEST LINE OF FLORIDA POWER AND LIGHT COLLIER SUBSTATION AS RECORDED IN OFFICIAL RECORDS BOOK 1067, PAGE 1973 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID WEST LINE, S.OO'22'13"E., A DISTANCE OF 352.25 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE S.00'22'13"E., A DISTANCE OF 40.00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF GOLDEN GArE PARKWAY (COUNTY ROAD 885) AS RECORDED IN OFFICIAL RECORDS BOOK 455, PAGE 275 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID NORTHERLY RIGHT -OF -WAY, THE FOLLOWING FIVE (5) DESCRIBED COURSES; (1) THENCE S.89'33'36"W., A DISTANCE OF 222.12 FEET; (2) THENCE NORTHWESTERLY 785.40 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 3769.72 FEET THROUGH A CENTRAL ANGLE OF 11'56'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.84'28'17"W. A DISTANCE OF 783.98 FEET; (3) THENCE N.78"30'09'"W, A DISTANCE OF 334.38 FEET; (4) THENCE NORTHWESTERLY AND WESTERLY 810.47 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 3869.72 FEET THROUGH A CENTRAL ANGLE OF 12"00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.84'30'09'"W., A DISTANCE OF 808.99 FEET; (5) THENCE S.89'29'51 ''W.. A DISTANCE OF 808.44 FEET, TO THE EASTERLY LINE OF RIGHT -OF -WAY AS RECORDED IN OFFICIAL RECORDS BOOK 2064, PAGE 1152 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID EASTERLY LINE, N.00'30'09'W., A DISTANCE OF 40.00 FEET, TO A POINT LYING 40.00 FEET NORTHERLY OF SAID NORTHERLY RIGHT-OF-WAY; THENCE 40.00 FEET NORTHERLY AND PARALLEL OF THE SAID NORTHERLY RIGHT-OF-WAY, RUN EASTERLY THE FOLLOWING FIVE (5) DESCRIBED COURSES; (1) THENCE N.89'29'51"E., A DISTANCE OF 808.44 FEET; (2) THENCE EASTERLY AND SOUTHEASTERLY 818.85 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 3909.72 FEET THROUGH A CENTRAL ANGLE OF 12'00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.84'30'09"[, A DISTANCE OF 817.35 FEET; (3) THENCE S.78'30'09"[, A DISTANCE OF 334.38 FEET; (4) THENCE SOUTHEASTERLY 77707 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 3729.72 FEET THROUGH A CENTRAL ANGLE OF 11"56'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.84'28'17"E, A DISTANCE OF 775.66 FEET; (5) THENCE N.89'33'36"E., A DISTANCE OF 222,17 FEET, TO THE POINT OF BEGINNING; CONTAINING 118,435 SQUARE FEET, MORE OR LESS. CONTAINING 2.72 ACRES, MORE OR LESS. Dt.J\HI"tGS ARF: BA.<a.:o ON NORIII .......HICJ\,N DATUt.l (N.....D.) 1988-1990 NLJUSIU(NT STATE PlAN( COOROINATE SYSI[M (GRI[)) fOR FLORIDA EAST ~ - // -e.-- ZONE. 0 300 500 1200 BY. {~~<--t.-. L c__',-""~-. SKETCH & DESCRIPTION ONLY I I RQ(;[R G. CA R. PROf"(';.'5)()t4.'l. SURV(VOR & Ul\I>PER NOT A BOUNDARY SURVEY FlORI[)A R[GtSIRfl,l1ON e[RI,<: !CA.'E NO 3")'02 SCAl..E: I' 600' SlGIIQNG (),lr,TE:: ~>- Z-Zu5 fOR COllJER COUNTY (;OVERNMEN I BOARD OF COUNTY COMMISSIONERS NOT VAllO WllllOUT THf ORIGINAl SIGNATURE It. RAlS[O lUBOSSEO S(Al or ^ fLORIDA REGIST(RED PRQr(~ SUR\l[YOR AND IoW'PER GOLDEN GATE PARKWAY (MPIWV~;MENTS RJIl~ SKETCH & DESCRIPTION O~': PlmPETUAL, NON-EXCLUSIVE ROAIl RIGHT-OF-WAY, URAINAG~; AND UTILITY EASEMENT JO'ONORTH:;RS~ I j;\J~m No.1 PARCEL 104U Ph.(94~~;~~O:t.~~~~~)4~_1oMay 25, 2 COl.L1ER COUNTY, FLORIDA LB No.: 6952 JOB NUMBER FilE NAME 01-001516 01-0015SK1018 Apr 16, 2002 - 12:54:6 M':\lond Projeds R2\O' -OOJ5\dwq\Revised fees 4-02-02\0 1-0022.00",,"s<< I04B-02.dwg ----- .c;",.,;.,,..,._,,,,,,,,,,,,,.,",",,,,,",,,_,,.,,,,,,.,,,._,," \\ EXlIIBIT A TEMPORARY 8 CONSTRUCTION EASEMENT + PARCEL 704 3,379.2 sq. fl. - POINT OF HAlSTATT PARTENERSHIP COMMENCEMENT OR 1428/1348 - -- - -7 \ 110' WIDE FPL EASEMENT OR 185/845 If E - -l - TI~'N[ L2 I LINE TABLE U) U) I : BEARING LENGTH " 11 500.8'42"W 25.00 r L2 N89'34'38"[ 144.31 ~ ~ 7 7~ I U N89"34'JB"E 3O.0l ~- ~ \1) Ol Ol -;;-;-q f 13 511'49'25"E 48.55 .... v .q...,. L5 576'3t'52"W 30.01 ~ ~ I I" I L6 Nl1.49' "W 52.14 ~ ~ ~ ~ ~\ ~ I ~ 4.~ I oc oc I - I- I 442~~ 10.1 Z Z 1..01 .........-.......... ..4'~rP ___ - ~gg~ ~I~ \ locl;3l;3~lo:loc - Vl Vl 010 - >- I I ::::...------ - '>' ~ , oc Z I I i71 ~ I I "" 't~ I O:r~ J ~ ~ .}...,o e rr <4J1+00 432+00 43J+ 4; -43-4+00 435+00 I GENERAL NOTE 0 FPL = FLORIDA POWER 4< UCHT 0 ITI:_~~ R/W = RIGHT-OF-WAY --1 + . II. - BASELINE ~I 0 GURI/E TABLE CURI/E lENGlH RAOIUS OCll A CB CD 0 Cl 60.67 5909.58 0'35'18" 501"'14'38"( 60.67 ~ r C2 63.93 5879.58 0'37'23" N01'44'Or.~W 63.93 I .- LEGAL DESCRIPTION FOR PARCEL 704 BEING PART OF SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE WEST 1/4 CORNER OF SAID SECTION 25; THENCE AlONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 25, S,OO'28'42'"w., A DISTANCE OF 25.00 FEET; THENCE LEAVING THE SAID WEST LINE, N.89"34'38"E., A DISTANCE OF 144.31 FEET, TO A POINT ON THE EASTERLY LINE OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 873, PAGE 1879 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING THE POINT OF BEGINNING; THENCE LEAVING THE SAID EASTERLY LINE AND ALONG THE SOUTH LINE OF A 110 FOOT WIDE flORIDA POWER AND LIGHT EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 185, PAGE 845 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTINUE N.89'34'38"E., A DISTANCE OF 30.01 FEET; THENCE LEAVING THE SAID SOUTH LINE, SOUTHERLY 60.67 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 5909.58 FEET THROUGH A CENTRAL ANGLE OF 00'35'18" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.01'44'38"[', A DISTANCE OF 60.67 FEET; THENCE S.11"49'25"E.. A DISTANCE OF 48.55 FEET; THENCE S.76"31'52"W., A DISTANCE OF 30.01 FEET; THENCE N.ll'49'25"W., A DISTANCE OF 52.14 FEET, TO A POINT ON THE SAID EASTERLY LINE; THENCE AlONG THE SAID EASTERLY LINE, NORTHERLY 63.93 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 5879.58 FEET THROUGH A CENTRAl ANGLE OF 00"37'23" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.Ol'44'05''W" A DISTANCE OF 63.93 FEET, TO THE POINT OF BEGINNING. CONTAINING 3,379.2 SQUARE FEET, MORE OR LESS. BEARtNGS ARE BASCO ON NOR'" IW(FUCAN CATUN -rJ " ~ ~_ (~A.O.) 1988-1990 ADJUSTMENT SlAT[ PlAN[ COORDINATE S'fSTEIof (<;RjD) fOR fLORlOA fA.,T lONE. 0 75 150 300 '::r I . "IJDV!\; '0-- _' SKETCH & DESCRIPTION ONLY 1 ""'ROCr... C. ch~~."" Pf'Yl([SSIONAl SlJ;'M.YOR- &: MAPP(R NOT A BOUNDARY SURVEY SCALE: 150' - 'LORle,.w .'TlON "",meATE ~O;'O] """..,,, OATL ':..-.'02.... 0 cOR; COLUER COUNTY GOVERNMENT BOARD OF COUNTY COMM'SSIONERS NOT VAllO W1TH(.ln 1J.fi;: \lR\GtNAt"~tGWtTUR( .. RAI:iE (IofC'lSSEO Sl.A.l. or .- ^ nORlOA R[C1S1":RE.U' PR\Jrts3koNJl.1 ~'J:~"".....t7H .v.I': L41t.PJ.-i:R GOLDEN GATE PARKWAY IMPROVEMENTS R'~\a SKETCH & DESCRIPTION OF: TEMPORARY CONSTRUCTION EASEMENT PARCEL 701 )050 NORm 110RSF.S~ORIVF.. s COIJ..IER COUNTY, FLORIDA NAPLES, fLORIO^ )4104 Ph.(94I)649.15U9 f..(94I)649- L8 No.: 69S2 JOB NUMBER 01-0015.20 INDEX NO.: P:\l..... PnIjec:h R1\OI-OOU\*'CI~ '""- I "-SO .\-lo-C1\R.........-Rwwvd-4-ol-OJ~It.___._la-(l3\~!IM .... 12-11-03"\ftW.. 100lt Wvp J-t1-04\IH-<<l15$lOt)4A.... ~J/7004 .)ollt.~7 PM n1 -- -,_._~-- -,._-- .- EXECUTIVE SUMMARY Approval of the conceptual design plans presented by Rails-to- Trails for the greenway along the Florida Power & Light transmission corridor between Rattlesnake Hammock Road and Radio Road OBJEcnVE: For the Board to approve the conceptual design plans presented by Rails- to-Trails for the greenway along the transmission corridor between Rattlesnake Hammock Road and Radio Road in East Naples. CONSIDERA nON: The conceptual design plans have been developed with adjacent homeowners, homeowner associations and with citizens throughout Collier County. Rails-to- Trails has developed a conceptual plan and a written report, which will defme the greenway's components and describe the amenities that will be enjoyed by walkers, joggers, and bicyclist The facility is being developed to be universally accessible to those with physical challenges. The green way is being developed with Horida Power & Light and is sensitive to Florida Power & Light's transmission needs and maintenance setbacks. The developments of greenways are documented to increase the security of the corridor and neighborhood, The green way will be developed as a non-motorized linear park --- addressing the needs of the community. FISCAL IMPACT: The engineering design is being funded through a Florida Communities Grant in the amount of $300,000. Funding for construction is requested in the FY05 in the amount of 1,500,000 from the Transportation Supported Gas Tax Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: This request is consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the conceptual design plans presented by Rails-to- Trails for the green way along the Florida Power & Light transmission corridor between Rattlesnake Hammock Road and Radio Road Exhibits: Rails-to- Trails Report _. Agenda Item NO.1 OB May 25, 2004 Page 1 of4 ~----,. ._""-~ ..".~, ,,~-..- ._,",......~'..,,--_.'-- ....+", COLLIER COUNTY ,- BOARD OF COUNTY COMMISSIONERS Item Number 10B Item Summary Approval of the conceptual design plans presented by Rails-to- Trails for the greenway along the Florida Power & Light transmission corridor between Rattlesnake Hammock Road and Radio Road. (Norman Feder, Transportation Services Administrator) Meeting Date 5/25/2004 9:00:00 AM Prepared By Pamela J. lulich Project Manager Transportion Services Traffic Operationsl ATM Approved By Traffic Operations and Alt Trans Diane B, Flagg Modes Director Date Transportion Services Traffic Operationsl A TM 5/12120044:18 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 5/12/20044:20 PM Approved By - Norm E. Feder, A1CP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 5/13/2004 1 :50 PM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 51171200410:39 AM Approved By Pat lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5/1712004 11:03 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/19/20048:40 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/19/2004 8:49 AM - Agenda Item No. 108 May 25, 2004 Page 2 of 4 m_."_ _ .- ...-._-"'.--~ -..- -._~ --- ~ -_.-_.--- Florida Power & Light Greenway Assessment - Executive Summary For The Collier County Commission Meeting - May 25th, 2004 Introduction The Florida Power and Light Greenway Assessment is an initiative of the Collier County Traffic Operations and Altemati ve Transportation Department in partnership with the Rails-to- Trails Conservancy Team (RTC). The flnns of Borrelli and Associates and Vanassee Hangen Brustlin, Inc. each provided pro-bono services to further support the team and advance the project The proposed Florida Power and Light Greenway (FP&L Greenway) is an enhancement to the existing Florida Power and Light (FP&L) transmission corridor located in East Naples to include a non-motorized recreational trail. In addition to the recommended 12' paved asphalt surface that is aligned predominantly along the centerline of the transmission corridor, the project should also include extensive landscaping and buffering ."~ considerations. Allowable users will include: walkers, joggers, bicyclists and ~ other non-motorized uses such as strollers and wheelchairs. The project . , boundary area studied in the assessment was narrowed to focus on the FP&L ~. transmission corridor between Radio Road and Rattlesnake-Hammock Road, for a distance of 15,325 feet or 2.90 miles. Key Elements The RTC Team focused on key issues associated with the project such as rights-of-way needs, public outreach and developing graphics that would demonstrate best practices as well as offer design solutions in response to the needs of local residents. As part of the team's research, numerous underlying land owners, adjacent residents and affected homeowner associations were identified. With the assistance and insight of local community leaders and PAC members, the team set out to develop a working relationship with the many affected parties including the 10 neighborhood associations comprising the Community Preservation Association. This was done through both one-on-one meetings as well as larger public gatherings held at Crown Pointe and Riviera Colony Communities. Assembling new trail corridor alignments in urban areas are not Proposed Development Costs * only costly, but are nearly impossible to accomplish on a voluntary basis. The FP&L transmission line provides Collier County with a rail Development $754, unique opportunity to create a linear park and at the same time build community partnerships. One of the goals of the project is to have includes landscaping & as close to 100% voluntary participation from the underlying buffering treatments property owners as possible. This was an ambitious goal because Bridge Over Expended Canal 150, the original project boundary contained 61 different parcels Intersection Improvements 320, representing 53 unique property owners. Additionally, there are Professional ServIces 250, nearly 400 adjacent homeowners and businesses located in the (Engineering, Surveying, Professional original study area between Livingston Road to Rattlesnake- Hammock Road. Support from the underlying property owners and Architectural, Landscaping Architectural, surrounding neighborhoods is key for the success of this linear park and Geotechnical Engineering) project. To this end, it was very encouraging that nearly 100% have Contingencies (15%) expressed a willingness to transfer an easement for recreational use Total to Collier County to make this project possible and to help preserve their neighborhoods. 'Radio Rd. to Rattlesnake-Hammock Rd. Intended tor budoetino ournoses onlv. Design Considerations It is envisioned that the trail will become a model for creating partnerships and for providing design solutions to encourage additional trails to be co-located along utility corridors in Collier County in the future, Some design details include rest areas consisting of a bench and trash receptacle located approximately every t.4 mile and the inclusion of a separate parallel tread for joggers. The assessment's recommendations will also include low-cost intersection crossings at Davis and Radio Roads. Bollards would be erected at intersections to limit motorized use to maintenance and security activities for the trail and transmission line only. Mter much discussion with the adjacent neighborhood associations, consensus was built to provide lighting at the intersection crossings only. Partnerships The Team is very pleased with the responsiveness and support received thus far from FP&L. Through past team experience, a previously approved FP&L trail along a corridor in Central Florida is serving as a model template to adv~f1 this PNject in ~ timely Agen a tern 0.10 May 25, 2004 Page 3 of 4 ,- manner. In addition to the partnership for co-use and maintenance of the corridor, it is anticipated that FP&L will contribute financial assistance to help ensure the long-term success of the project. In the process of developing this plan the team has set the framework for partnership and cooperation between all stakeholders as this project moves forward. In our view, support for this project from the county, FP&L and local citizens is overwhelming - it is indeed a model start to what will eventually be a model trail for Collier County. Please contact our project leader, Ken Bryan at (850) 942- 2379 with. any questions or comments you may have regarding this exciting linear park project - - Agenda Item No. 10B May 25, 2004 Page 4 of 4 -----"---_..--- ~ ~____H -.....---.... ._",-- - EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopt the 2003 Collier County Wastewater Master Plan Update, Dated May 25, 2004, Project 73066. OBJECTIVE: Address utility infrastructure needed to support growth in Collier County for the next five and 20-year planning horizons; identify and fund growth-related and reliability issues for the next twenty years; and approve the recommendations made in the 2003 Wastewater Master Plan Update. CONSIDERATIONS: Larger and new wastewater facilities are required to meet anticipated growth, and must be suitably sized for economy of scale. Reclaimed water improvements are recommended to provide irrigation water from wastewater effluent. The Water-Sewer District boundary expanded by approximately 38.5 square miles when the ~ural Fringe was adopted on September 10, 2003. The recommended capital improvements for wastewater and reclaimed water are estimated to be $180 million over the next five years (2004 to 2(08) and $600 million over the subsequent fifteen years (2009 to 2024). The recommended capital improvements are being used for determination of proposed changes to the existing impact fees and user rates. ,,-- The current Wastewater Master Plan, adopted as the 2002 Update on February 25, 2003, identified infrastructure needs to meet growth anticipated through 2022. Differences of this update to the last include an adjustment in a new plant on-line date due to refmement of capacity needs, the reduction in CIP contingency in the program year, and the removal of contingency on renewal/replacement projects of repetitive scope. On June 24, 2003, Work Order GH-FT-03-05 was issued to Greeley and Hansen, LLC for engineering services related to both the Water and Wastewater Master Plan Updates in 2003. Greeley and Hansen LLC has completed all the tasks and has submitted the fmal 2003 Update. . The proposed 2003 Wastewater Master Plan Update was presented to the Board's Development Services Advisory Committee (DSAC) on April 7, 2004, and to the Productivity Committee on April 21, 2004. Both committees have given their approval to the Wastewater Master Plan. The Wastewater Master Plan is not attached to this Executive Summary Copies of the 2003 Wastewater Master Plan Update, dated May 25, 2004 are available for viewing at the offices of the BCC, the office of the County Manager, and the Collier County Public Utilities Engineering Department. The Board of County Commissioners has been provided with copies for their personal review. - Agenda Item No. 10C May 25, 2004 Page 1 of 4 ,-- .--._~."--, "-_.~"~'_.-.'--'.'--~-'-'_.-"--- ""-_. .~._.,._-._--"--- FISCAL IMPACT: The 2003 Wastewater Master Plan Update, dated May 25, 2004, recommends system improvements that will require the allocation of funding for capital projects in future years. These improvements are summarized as follows: 5- Year (2004-2008) Capital Improvement Projects · Complete expansion of the NCWRF to 24.1 MGD MMDF and construction of two deep injection wells · Complete expansion of the SCWRF to 16.0 MGD MMDF and construction of one additional deep injection well · Prepare a decommissioning study for the Pelican BayWRF · Acquire sites for new East Central and Southeast WRFs · Construct two 1.5 MG equalization tanks at the NCWRF · Conduct study to re-rate NCWRF capacity · Construct new 2.0 MGD MMDF Northeast WRF and deep injection wells · Complete the North - South transmission systems interconnections · Improve pumping station and transmission force main capacities · Construct two master pump stations · Continue to rehabilitate pumping stations and collection systems · Expand the telemetry system · Construct the Public Utilities Operations Center Subsequent 15- Year (2009-2023) Capital Improvement Projects - · Design and construction of expansions to the proposed Northeast, then East Central, and then Southeast Water Reclamation Facilities · Improvements to the North and South County Water Reclamation Facilities · Design and construction of the Water Reclamation Facility Interconnects Wastewater system capital improvement funding is provided through a mix of impact fees, user fees, long-term bond fmancing, and state revolving fund loans. To ensure adequate funding, the impacts of the recommended project expenditures are included in the impact fee and user rate fee studies. GROWTH MANAGEMENT IMPACT: Per capita sewer flows used in the 2003 Wastewater Master Plan Update are the same as the current Level of Service Standard (LOSS) in the County's Comprehensive Growth Management Plan as follows: Current LOSS 2003 WW Master Plan Update LOSS 145 145 100 100 120 120 ~. Agenda Item No. 10C May 25, 2004 Page 2 of 4 - The capital projects in the 2003 Wastewater Master Plan Update are consistent with the reporting of Category A facilities to the State of Florida Department of Community Affairs contained in the 2003 Annual Update Inventory Report (AUIR). The AUIR was presented in a Board Workshop on December 19, 2003. RECOMMENDATION: That the Board, as Ex-officio the Governing Board of the Collier County Water Sewer District adopt the 2003 Wastewater Master Plan Update, dated May 25, 2004. _. _. Agenda Item No. 10C May 25, 2004 Page 3 of 4 - COLLIER COUNTY - BOARD OF COUNTY COMMISSIONERS Item Number i0C Item Summary Recommendation that the Board of County Commissioners adopt the 2003 Collier County Wastewater Master Plan Update. Dated May 25, 2004. Project 73066. (Jim DeLany, Public Utilities Administrator) Meeting Date 5i25/2004 9:00:00 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 511112004 10:29 AM Approved By Ron Hovell Special Projects Manager Date Public Utilities Public Utilities Engineering 5111/2004 2:08 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 5112120048:38 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 5/12120048:44 AM Approved By Susan Usher Senior Management/Budget Analyst Date - County Manager's Off"tee Office of Management & Budget 5113/2004 9:48 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 51141200411:18 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 511412004 3:47 PM Approved By Joseph B. Cheatham Wastewater Director Date Public Utilities WasteWater Treabnent Snl2004 9:01 AM -~ Agenda Item No. 10C May 25. 2004 Page 4 of 4 ~------ --,-,. . ,,~~ EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopt the 2003 Collier County Water Master Plan Update, Dated May 25, 2004, Project 70070. OBJECl1VE: Address utility infrastructure needed to support growth in Collier County for the next five and 20-year planning horizons; identify and fund growth-related and reliability issues for the next twenty years; and approve the recommendations made in the 2003 Water Master Plan Update. CONSIDERATIONS: Larger and new water facilities are required to meet anticipated growth, and must be suitably sized for economy of scale. The Water-Sewer District boundary expanded by approximately 38.5 square miles when the Rural Fringe was adopted on September 10, 2003. The recommended capital improvements are estimated to be $270 million over the next five years (2004 to 2(08) and $654 million over the subsequent fifteen years (2009 to 2023). The recommended capital improvements are being used for determination of proposed changes to the existing impact fees and user rates. The current Water Master Plan, adopted as the 2002 Update on February 25, 2003, identified infrastructure needs to meet growth anticipated through 2022. Differences of this update to the last include an adjustment in a new plant on-line date due to refinement of capacity needs, the reduction in CIP contingency in the program year, and the removal of contingency on renewal/replacement projects of repetitive scope. On June 24, 2003, Work Order GH.FT"()3-05 was issued to Greeley and Hansen, ILC for engineering services related to both the Water and Wastewater Master Plan Updates in 2003. Greeley and Hansen LLC has completed all the tasks and has submitted the final 2003 Update. The proposed 2003 Water Master Plan Update was presented to the Board's Development Services Advisory Committee (DSAC) on April 7, 2004, and to the Productivity Committee on April 21, 2004. Both committees have given their approval to the Water Master Plan. The Water Master Plan is not attached to this Executive Summary. Copies of the 2003 Water Master Plan Update, dated May 25, 2004 are available for viewing at the offices of the BCC, the office of the County Manager, and the Collier County Public Utilities Engineering Department. The Board of County Commissioners has been provided with copies for their personal review. FISCAL IMPACT: The 2003 Water Master Plan Update, dated May 25, 2004, recommends system improvements that will require the allocation of funding for capital projects in future years. These improvements are summarized as follows: Agenda Item No. 100 May 25, 2004 Page 1 of 4 .--.---" -..------",...- ,,-~-->~_.-,-- _.._,._---,- 5- Year (2004- 2(08) Capital Improvement Projects · Complete the 8 MOD SCRWTP plant expansion · Add a fourth lime softening reactor at SCRWI'P for reliability · Design and construct the SCRWTP RO expansion to 20.0 MOD, to be in service by 2006, including 30.5-MOD high service pumping facilities. · Design and construct the new 10.~MOD NERWI'P · Begin construction of the NERWTP wellfield for 10 MOD of finished water · Identify future site and purchase property for the new 8.(}'MOD SERWTP · Identify sites, purchase property, design, and permit a new wellfield for the new NERWTP · Add additional RO wells at the North Hawthorn Wellfield to improve reliability capacity at the NCRWTP · Identify sites and purchase property for the new wellfield for the future SERWTP Subsequent 15- Year (2009-2023) Capital Improvement Projects · Place the new 10.0 MOD NERWTP in service · Permit, design and construct the NERWTP expansion to 20.0 MOD · Permit, design and construct the new 8.0 MOD SERWTP · Complete construction of the new NERWTP wellfield for the initial 10 MOD · Design and construct high service-pumping capacity associated with plant expansions and new facilities · Continue Lower Hawthorn and Lower Tamiami well replacement program for reliability · Construct the expansion of the NERWTP wellfield to supply an additional 10.0 MOD of finished water · Complete construction of the new wellfield for 8.0 MOD finished water at the SERW'IP · Construct expansion of the wellfield for the SERWTP Water system capital improvement funding is provided through a mix of impact fees, user fees, long-term bond financing, and state revolving fund loans. To ensure adequate funding, the impacts of the recommended project expenditures are included in the impact fee and user rate fee studies. GROWTH MANAGEMENT IMPACT: Per capita potable water flows used in the 2003 Water Master Plan Update are the same as the current Level of Service Standard (LOSS) in the County's Comprehensive Growth Management Plan as follows: Current LOSS 2003 Watel' Master Plan U LOSS 18S 18S 154 154- 21 21 Agenda Item No. 100 May 25, 2004 Page 2 of 4 ""'--^-.--- .----.".--..........- '---'--'-'-~' ."- ---- The capital projects in the 2003 Water Master Plan Update are consistent with the reporting of Category A facilities to the State of Florida Department of Community Affairs contained in the 2003 Annual Update Inventory Report (AUIR). The AUIR was presented in a Board Workshop on December 19,2003. RECOMMENDATION: That the Board, as Ex-Officio the Governing Board of the Collier County Water Sewer District adopt the 2003 Water Master Plan Update, dated May 25, 2004. Agenda Item No. 10D May 25, 2004 Page 3 of 4 --".... . -..-- . -,~--_.-.----._- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS bm Number 100 ..... Summary Recommendation that lhe Board of County Commissioners adopt the 2003 Collier County Waler Master Plan Update, Dated May 25, 2004, Project 70070 (Jim Delany, Public Utilities Administrator) MeetIng Date 5/25/2004 9:00:00 AM Approved By Paul Mattausch Water Olreclor Date Public Ulillties Water 5110120041:3& PM Approved By Thomes Wides Operations Director Dale Public Utilities Public Utlllties Operations 5111/200410:28 AM Approved By Ron Hov.1i Special ProjeclS Uanager Date Public Utlllties Public Utlllllee Englneertng 5111120042:08 PM Approved By James W. Oelony Public Ulllltles Administrator Dale Public Utili lies Public Utilllles Administration 5/1112004 4:57 PM Approved By Susan Usher Senior ManagemenUBudget Analys1 Date County Msnage"'a Office OffIce of Management & Budget 511312004 9:46 AM Approved By Michae' Smykowski Management & Budget DlrKtor Date County Manage"'s OffIce Oltlce of Management & Budget 5/1412004 11 :18 AM Approved By James V. Mudd County Manager Date Board of Counly County Manage..s Office Commissioners 511412004 3:46 PM Approved By Roy B, Ancle..on, P,E. Public Utilities Englneertng Ol.-ctor Date Public Utilities Public Utilities Englneertng 51512004 5:21 PM Agenda Item No.1 00 M~ 25. 2004 age 4 of4 --~-~. . -..--- -,~.,.-,---- ~"'" .. Q - JJ m m n 5 ~ ~ 0 ~ ~ ~ -. o ~ ~ ~ ~ ~ ~ ' ~ ~ ~ b' ~ ~ fit c S ~ ~ ~ ~ --< - Qt m ~ ~.... 10 ~ ~ < Q. ~ , ~ 3 nr ~ .... ::s -+ -f o W ............ o ~ N o o ~ --- --------- G) :IJ -4- m m r m ~ ~ ~ ~ ~ )> ..., (f) OJ 1--1 < -0 z .ro n ,^ ,... one ::s c.. 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OJ m lC C n ~ ;;; OJ m!:!: nr -r m ,...,. m m",< 3 (/)0 OJ 0 a.~ n-+ ~. mo~ UlttO"mc 0 (\l o ~c -{5 glC 6TOJ ::s, ,...,. -. -. - Ul o ::r S' "2. 0 .Q.. ro (f) -. 5 Ui' "i1 C5 m' """TI :J"' a. 2" a..-+ ~ q' 0' Ul ~ OJ a a. (\l (\l-' n. ~. !:!: 2: ..., "'<, t""t' C. lO == 0 ~ (\l ~ -- OJ ~ ~ 0" OJ a.. (f) :E -. lC (f).V 0 n 0 r-t- -. COJ::J on n -+ ..., r-t- OJ "0 OJ 0 (\l @~~ m::J 5. ' ::J C. -r ~ C c.n r-t" 3",< -.< c. -. (Jl ~ 0 -. ,...,.. -. CD .OJ rT U1 a. C 0' :J"' ~ , ~ lO rnQ () ~ ffi ' m ~ .~ 0 .+:- -- .-,,--^ ..- ---- _._._,-~ ,_. EXECUTIVESU~Y To authorize an agreement to acquire rights-of-way for the expansion of Collier Boulevard between Golden Gate Boulevard and hnmokalee Road, and to establish an access road for the Golden Gate Fire & Rescue District at their new facility; Fiscal Impact: $536,000. OBJECTIVE: To secure a parcel of right-of-way and a stormwater detention and treatment pond site required for the expansion of Collier Boulevard between Golden Gate Boulevard and Immokalee Road, and to secure the right-of-way for a portion of Wolfe Road which is required to allow the Golden Gate Fire and Rescue District to access to Collier Boulevard at the future traffic signal to be installed at the intersection of Collier Boulevard and Wolfe Road. CONSIDERATIONS: During the past year, many possible locations for stormwater detention and treatment ponds required for the permitting and construction of the expansion of Collier Boulevard from two lanes to six lanes have been studied. Impacts to the environment, as well as the cost of the land and the cost of construction were evaluated. In addition, access connections along Collier Boulevard, as well as median openings, were impacted by the pond site selection. Through negotiations with the Golden Gate Fire and Rescue District, Christ Community Lutheran School, and A.R.M. Development Corp., the developer of both Tuscany Cove and -- Palermo Cove, an arrangement was produced whereby A.R.M. was able to secure property across from Tree Farm Road (immediately south of Brittany Bay), and swap this property for a property owned by the school at the northwest corner of Wolfe Road and Collier Boulevard, which they made available to the County for the construction of the required stormwater detention and treatment pond. A key factor in proceeding with the land swap and pond site purchase by the County, was the Fire District's agreement to place their primary entrance on Wolfe Road, and to use the signal at Collier Boulevard for emergency northbound response. This enabled the County's engineering staff to approve a directional median opening on Collier Boulevard for the Vanderbilt Country Club. In addition, as part of the arrangement, the Christ Community Lutheran School has agreed to "allow access through their property for Brittany Bay residents, if and when a full median opening becomes warranted at Tree Farm Road. This will allow the residents left-out, northbound turning movements, rather having to exit Brittany Bay in a southerly direction and then make V-turns to head north and west to shopping and to schools. The Agreement governs the parties responsibilities with regard to the sale and purchase of four (4) separate land parcels to be used for various purposes. Parcel 134 A is a perpetual, non- exclusive road right-of-way, drainage and utility easement necessary for the construction of Wolfe Road (which is a "loop" road which connecl<; Vanderbilt Beach Road with Collier Boulevard one half (112) mile north and west of the actual intersection of these two major arterial roadways. Parcel 134 B is a perpetual, non-exclusive road right-of-way, drainage and utility casement upon which the County shall construct a portion of "Project Pond 4" (one of six stormwater detention and treatment ponds required for the Collier Boulevard six-Ianing project), and upon which the entrance road into the fire station shall be constructed, and which entrance --- road shall also serve as a secondary entrance for the development of Palermo Cove (see Exhibit 5 Agenda Item No.1 OE May 25, 2004 Page 1 of 18 >".,,,~---.,,,~,~ ~-_._-- Page 2 of3 to the Agreement). In addition, the Agreement addresses the rights and responsibilities of the parties as to construction of the stormwater detention pond, the construction of the entrance road into the fire station and Palermo Cove (and the proportionate share of the costs borne by the parties), the use of the fill material to be excavated during pond construction, the placement of fountains and signage in and around the ponds, and the future maintenance responsibilities of the parties. Further, as with all Purchase Agreements negotiated by County staff, the Agreement sets forth all of the terms and conditions under which the property owners and business operator are fully and fairly compensated for the acquisition of the property, and contains a waiver and release from any and all further claims for severance damages, and from any and all claims for further compensation of any kind, including attorney fees or any other fees and costs. It is important to note that the total purchase price is based upon a unit price of $125,000 per acre, with adjustments having been made for the various costs incurred by the parties. During the past year, when the pond site selection process first began, two separate appraisals were obtained to estimate the value of the parent tract property (which was then under the ownership of Christ Community Lutheran Church). In February 2003, staff obtained an appraisal of the school property in which the appraiser estimated the value of the land at $90,000 per acre. In December 2003, staff obtained a second appraisal in which another appraiser estimated the value of the land at $90,000 an acre also. At the same time (December 2003), we had the first appraiser update his original estimate of value; and it increased to $101,000 per acre. So at this ,- point in time, the average of the two most recent appraisals is $95,500 per acre. According to the Florida Statutes, any County purchase of property in excess of $500,000 requires the County to obtain two appraisals; and if the purchase price exceeds the average of the two appraisals, then the Board must approve the purchase by a super-majority vote. In the instant case, the purchase price of the easement parcels (Parcel Nos. 134 A, 134 B and 834) amounts to $625,000 (5.0 acres at $125,000 per acre). Using the average of the two appraised values the purchase price for the same parcels would be $477,500. However, one of the County's appraiser's also concluded that a taking a five acres from the parent tract, for the construction of a stormwater treatment pond, would have resulted in nearly 20% severance damages to the remainder property, yielding a total compensation amount of $519,375. Factors worth considering in the overall context of this Agreement between A.R.M. Development and Collier County are as follows: a) A.R.M. is donating the Collier Boulevard right-of-way to the County in fee simple. This right-of-way (Project Parcel 134 C) containing 0.5765 acres is worth at least $51,885 ( at $90,000 per acre) and perhaps as much as $72,000 (at $125,000 per acre). b) In order to make this entire multi-party transaction possible, A.R.M. Development had to first purchase for $1.6 million, the property across from Tree Farm Road that was home to the diesel mechanic and truck repair facility for many years. The unit price for this purchase amounted to $170,000 per acre. ,- Agenda Item No.1 OE May 25, 2004 Page 2 of 18 ,-.. Page 3 of 3 c) Without this property to swap with the Lutheran school, we could not have brought the fire station access across the Lutheran school property and onto Wolfe Road, which would mean that d) The fire station would have had to have a median opening on Collier Boulevard, which would mean that e) Vanderbilt Country Club would have been limited to a right-in I right-out only access point on Collier Boulevard (no median opening), and f) All traffic exiting Brittany Bay and wishing to head north would have had to first head south and then make U-turns nearly a quarter mile away. g) The pond site is going to be landscaped and maintained by A.R.M. Development Corp. and the Palermo Cove Homeowners Association FISCAL IMPACT: The sum of $536,000 includes all land, easements and improvements being purchased along with miscellaneous expenses such as recording fees. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: As part of the County's Capital Improvement Element, the Collier Boulevard Project (No. 65061) and this purchase is an integral part of the Collier County Growth Management Plan. .-'.. RECOMMENDATIONS: That the Board of County Commissioners of Collier County, Florida: 1. Approve the attached Agreement by a super-majority vote and authorize its Chairman to execute same on behalf of the Board; 2. Authorize payment to the Owner in the amount as shall be specified on a Closing Statement approved by the office of the County Attorney; 3. Accept the conveyance instruments as provided under the Agreement; 4. Authorize staff to close the real estate transaction, and to record the easements, the deed. and any and all curative instruments in the public records of Collier County, Florida; and 5. Authorize any and all budget amendments which may be required to carry out the will of the Board. _. Agenda Item No. 10E May 25, 2004 Page 3 of 18 - COLLIER COUNTY ,-. BOARD OF COUNTY COMMISSIONERS Item Number 10E Item Summary To authorize an agreement to acquire rights-of-way for the expansion of Collier Boulevard between Golden Gate Boulevard and Immokalee Road, and to establish an access road for the Golden Gate Fire & Rescue District at their new facility; Fiscal Impact: $536,000, Meeting Date 5/25/2004 9:00:00 AM Prepared By Kevin Hendricks Right Of Way Acquisition Manager Transportation EngIneering and Transportlon Services Construction Approved By Gary Putaansuu Senior Project Manager Date Transportation Engineering and 5114120042:31 PM Transportion Services Construction Approved By Transportation Engineering/ Gregg R. Strakaluse Date Construction Mgmt Director Transportation Engineering and 5/14120042:25 PM Transportlon Services Construction Approved By Lisa Taylor Management/Budget Analyst Date _. Transportion Services Transportation Administration 5114120044:51 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 5/14120044:34 PM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 5/1712004 10:31 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportlon Services Transportation Services Admin. 5117/200410:15 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's OffIce Office of Management & Budget 51171200411:05 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's OffIce Office of Management & Budget 5117120041:54 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's OffIce Office of Management & Budget 5/17120044:16 PM Approved By ,,- James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5117/20045:24 PM Agenda Item No.1 OE May 25, 2004 Page 4 of 18 ~.._,-_." .-------- _.,.,..~- .~'..~.. - ..."~--- . PROJECT: 65061 PARCEL No 134/834 (Pond Site No.4) FOLIO NO. 00203920000 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this _ day of , 2004, by and between ARM. DEVELOPMENT CORP. OF S. W. FLORIDA, INC., a Florida corporation, its successors and assigns (hereinafter referred to as "Owner"), whose mailing address is 8224 Immokalee Road, Naples, FL 34119, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WHEREAS, Purchaser requires a Perpetual, Non-Exclusive Road Right-of-Way, Drainage and Utility Easement (Parcel 134 B - see Exhibit 1) and a Perpetual, Non- Exclusive Drainage and Buffer Easement (Parcel 834 - see Exhibit 2) in order to construct two (2) Stonnwater Retention and Treatment Ponds (hereinafter collectively referred to as "Ponds") and an access connection between Wolfe ROad and the Golden Gate Fire and Rescue District property located to the north of Owner's lands (hereinafter referred to as the "Access Road Right-of-Way") over, under, upon and across the lands described in Exhibit 1 (Parcel 134 B); and WHEREAS, in addition Purchaser requires a fee simple interest in the lands described in Exhibit 3 (Parcel 134 C) for the expansion of Collier Boulevard from two lanes to six lanes (hereinafter referred to as the "Collier Boulevard Right-of-Way"), which is attached hereto and made a part of this Agreement; and WHEREAS, in addition Purchaser requires a Perpetual, Non-Exclusive Road Right-of-Way, Drainage and Utility Easement over, under, upon and across the lands described in Exhibit 4 (Parcel 134 A) for the construction and future maintenance of Wolfe Road (hereinafter referred to as the "Wolfe Road Right-of-Way"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey Parcels 134 A, 134 B, 134 C, and 834 (hereinafter collectively referred to as the "Property") to Purchaser on the terms and conditions set forth herein. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. The foregoing recitals are true and correct and are incorporated herein as a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of $532,887.00, which represents the unit price of $125,000 per acre for Parcels 134 A, 134 Band 834 (totaling 5.0 acres) LESS one half the engineer's certified estimate of the probable cost of the construction of the driveway north of Wolfe Road between Lines "A-A" and "B-8," as shown on Exhibit 5, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including any and all attorney fees, and all expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Said payment also includes the agreed-upon sum of $25,000.00 which Owner shall pay to Christ Community Lutheran School, Inc., for reimbursement of additional developmentAgenOOJdlIietn NO.1 OE May 25, 2004 Page 5 of 18 ___'_0"_' . , Agreement Page 2 - by the School as a result of trading properties with Owner so that this Agreement, and the benefits accruing to the parties hereto as a result hereof, might be realized. 3. Purchaser shall configure the size and shape of the Ponds in accordance with the Collier County final roadway design plan, a conceptual drawing of which is attached hereto as Exhibit 6. 4. Purchaser shall construct the Ponds on the Property at its sole cost, with Owner granting such unrestricted access to Purchaser to Owner's lands beyond the boundaries of the Property as may be necessary for construction of the Ponds and for the staging of equipment. Purchaser shall build the Stormwater Retention Ponds in accordance with the Collier County final roadway design plan and all other lawful requirements. Should Purchaser be unable to construct the Ponds prior to December 2005, Owner shall have the option of constructing the Ponds in accordance with the Collier County final roadway design plan and shall be reimbursed by Purchaser in an amount not to exceed the Purchaser's certified estimate of probable construction costs at the time of construction and within 30 days of acceptance (i.e. inspection, cross sections, etc.) of the Ponds by Purchaser. To the extent permitted by law, and without waiver of sovereign immunity protections afforded by Chapter 768, Florida Statutes, Purchaser hereby agrees to indemnify, defend and hold Owner harmless from and against any claims, liabilities, actions, damages, losses, or injuries sustained by any person or persons arising out of or related in any way to the construction by Purchaser of the Ponds and Access Road Right-of-way contemplated by this Agreement to be constructed by Purchaser. Purchaser hereby further agrees to indemnify, defend - and hold Owner harmless from and against any loss or damage caused by Purchaser to Owner's adjacent real property arising out of or related in any way to the construction by Purchaser of the Ponds and Access Road Right-of Way contemplated by this Agreement to be constructed by Purchaser. In the event Owner elects to construct the Ponds, Owner agrees to indemnify, defend and hold Purchaser harmless from and against any claims, liabilities, actions, damages, losses, costs or injuries arising out of or related in anyway to the construction by Owner of the Ponds. This reciprocal obligation of indemnification is not intended to cover any defects in workmanship or design. This provision shall survive closing and is not deemed satisfied by closing or by conveyance of title. 5. Prior to Closing, Owner shall grant unrestricted access to the Property for the purpose of conducting surface and subsurface soils sampling and analysis, and for any other necessary purposes. All adverse findings shall be the responsibility of the Purchaser to correct. 6. Owner shall design and prepare bid plans and specifications in accordance with County standards for roadway construction for that portion of the driveway between Lines "A-A" and "C-C" (as shown on the Conceptual Plan labeled Exhibit 5, attached hereto and made a part hereof). Purchaser shall construct that portion of the driveway between Lines "A-A" and "B-B" and shall also construct that portion of the driveway between Lines "B-B" and "C-C" (that portion of the driveway serving the fire station exclusively.) Purchaser shall be solely responsible for the cost of the construction of the driveway between Lines "B-B" and "C-e" (that portion of the driveway serving the fire station exclusively.) 7. Owner and Purchaser acknowledge that modifications to the drawings, plans and exhibits referenced herein may be requested by the South Florida Water Management District (SFWMD), and that both parties shall work together to resolve any objections which may be raised by SFWMD, and that in the event said ,- modifications result in additional costs beyond those already contemplated by the parties in fulfillment of their respective obligations herein, said costs shall be shared equally by Owner and Purchaser Agenda Item No. 10E May 25,2004 Page 6 of 18 ------.- ~-_.._- . Agreement Page 3 8. Owner shall maintain the Ponds at its sole cost, and shall ensure their continued maintenance by assigning said maintenance responsibilities to the appropriate Homeowners. Property Owners, or Condominium Association as may be created on Owner's adjacent lands. Maintenance of the Ponds shall commence within thirty (30) days of their acceptance by Purchaser. Should the Ponds not be adequately maintained, then the Purchaser may do so at the Owner's or Association's cost. 9. Owner may install fountains and/or lighting and/or landscaping, and/or decorative wall and rail sections, and/or signage on the Property. subject to proper application by Owner and County's review and approval, at Owner's sole cost and expense. Specifically, the installation of signage and lighting shall be pennitted along the Collier Boulevard frontage of Parcel 134 C and on either side of the Fire Station Access Road within Parcel 134 B, and in the median island in the center of the Fire Station Access Road. All maintenance will be Owner's responsibility. As a condition of County's approval, Owner must indemnify. defend and hold the County harmless from any claims, liabilities, actions, damages, losses, or injuries arising out of or related in any way to the construction, maintenance and operation of the fountain ancllor lighting. This indemnification must be in writing and approved by the Office of County attorney. 10. Owner may make application to change the name of Wolfe Road to another name of its choosing, and Purchaser's Transportation Division staff will not offer any objections as long as the proposed name change is consistent with Collier County policies concerning the naming of local roadways. 11. Owner shall keep the excess excavated material beyond what is necessary to construct: (a) the Ponds; (b) the benn surrounding the Ponds; (c) other appurtenances associated with the construction of the Pond; and (d) the access road (driveway) between the fire station and Wolfe Road. Owner shall provide adequate cleared space west of the Ponds to store the excess excavated material. Owner shall maintain such storage space consistent with all local, state and federal rules and regulations. If Owner does not provide adequate cleared space for storage of the excess excavated material within 30 days of Purchaser's written request, Purchaser may elect to deposit the excess excavated material elsewhere. 12. Purchaser will commit to a closing no later than May 31, 2004, under the condition that this Agreement is approved by the Board of County Commissioners. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Owner understands that said acceptance and approval may require a super-majority vote of the Board of County Commissioners. after comparision of the proposed purchase price with two independent appraisals obtained by the Purchaser. 13. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County. Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 14. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur no later than May 31, 2004, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments. properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the Agenda Item No. 10E May 25, 2004 Page 7 of 18 ---- Agreement Page 4 ,- County Warrant to Owner and Owner shall deliver the conveyance instruments to Purchaser in a form acceptable to Purchaser. 15. Owner represents that the property undertying conveyances outlined within this Agreement and all uses of said conveyances, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property undertying conveyances except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the conveyances to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property undertying the Property or the Rights-of-Way; b) any existing or threatened environmental lien against the property undertying the Property or the Rights-of-Way; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property undertying the Property or the Rights-of-Way. This provision shall survive Closing and is not deemed satisfied by conveyance of title. . 16. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 15. This provision shall survive - Closing and is not deemed satisfied by conveyance of title. 17. Purchaser shall pay for all recording fees for the conveyance instrument(s), and for any and all costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of Easement and/or Partial Release of any mortgage(s) encumbering the Property from the mortgagee(s), and for the fees to record any curative instruments required to clear title, except for any and all costs and expenses required to secure and record releases and/or satisfactions from judgment creditors, which fees, costs and/or expenses shall be the responsibility of the Owner. In accordance with Statutory exemptions prohibiting payment of documentary stamp taxes by Purchaser, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 18. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 19. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 20. If the Owner holds or presently owns title to the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address - of every person having a beneficial interest in the property undertying the Property before conveyance is made to Purchaser. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Agenda Item No. 10E May 25, 2004 Page 8 of 18 '0' _~,,_ ",~,. ,"___"o'_~'.'''OO'''~~___ . . Agreement Page 5 Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 21. Pending funding opportunity in the Transportation 5-Year Work Program, Purchaser may purchase additional right-of-way for Wolfe Road as depicted in Exhibit 7, which is to be reserved by the Owner, free of improvement with pennanent structures, for future road right-of-way. Owner shall convey the additional Wolfe Road right-of-way to Purchaser within ninety days of written request from Purchaser, with the purchase price to be detennined by multiplying the total acreage of the additional Wolfe Road right-of-way by the unit price of $100,000 per acre. 22. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of ,20_. Date Easement acquisitions approved by BCC: October 28, 2003, Resolution No. 2003-372, Item 16B5. AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk Donna Fiala, Chainnan AS TO OWNER: A.R.M. DEVELOPMENT DATED: 0//4 /04 sw. FLORIDA . ()V 6..J,~ R.o..-{\' "'/1~~ By: Ovadia R. Elias, President /Witness (SI ature) Name: C:;n,/"J ,A? a,.ftEE~ (Print or Type) 63. itness (Signature) -Lv Name: -r04.-' E. /Jet:.-: ,^ (Print or Type) Approved as to fonn and legal sufficiency: ~d j-;1 ~ Ellen T. Chadwell Agenda Item No. 10E Assistant County Attorney May 25, 2004 Page 9 of 18 EXHIBIT -L h \ \ Page ..-Lof-L- - I ~ I I ci I 0:: 1 1 "0 h \ 0 .... '--' \ .... lO 0) q :; South 1/2 of the South 1/2 I 0:: I Ct:: I~ I 0 I .J co \h' South~'" 1/4 of tho I <( I::> n Northeost 1/4 of Section 34 z 8[D~ <( u ~::>< .... aid 0.. lO 0:: 0 Q> w n 0 WOLF ROAD ~Q7: ~;; ~ ~ !Xl ' , - , , - , . (ocCUPATiON) 0.. 0 u VI"'! o~ 'lJl eo I -~ P.O.C. ::l. I I East ~ 4 Comer NB9;~1~~!'W \ of Se ion 34, I TownslP 48 South, N89'51'33"W Range 26 East NOTES: 100.09' \ \ 1. This is not 0 survey. 80sis of beoring is the' West line of County I 2. Rood 951 (C.R. 951) being N 02'15'04" W, Rorida I I I State Plane Coordinates HAD 83/90, East Zone. I 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless -, otherwise noted. 5. ROW represents Right-of-Way. 6. P.O,B. represents Point of Beginning. 7. P.O.C, represents Point of Commencement. 8. O.R. represents Official Records. 9, l.B,E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BEARING C14 50.00' 21'49'48" 19.05' 9.64' 18.94' Nl0'46'27"W C15 177.00' 30'42'06" 94.84' 48.59' 93,71' N06'20'18"W C16 25.00' 60'23' 47" 26.35' 14.55' 25.15' N21'll'09"W C17 62.00' 3'12'20. 3.47' 1.73' 3.47' N5T59'13"W C18 25.00' 128'28'56" 56.06' 51.81' 45.03' N64'22'30"E (jJ~ I ~ 4 DAVID J. HYATT, P. .'. (FOR THE FIRM) flORIDA lit. NO. 5834 N 3 -j1o.,f~Ot-f (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE '..- I ORGINAl RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 0 50 100 200 400 CERTIFICATE OF AUTHORIZATION LB #43 GRAPHIC SCALE - PtlOoI(l;'J' NO.: 65061 PMCll Me). : 1348 WiI.Millei-"~'~_N ........ _ E__,'__,,--,~ WilsonMil/er. Inc. _ far""", _ 0&_ .... PRO..ECf NO.: m""l..~D ""A:::WIiiI"1SU5I11.."""'~ '_2.!UU.S1lf ~............. 0.J/2004 N60T5-005-000 _ 24, 2004 - 13:08:44 l4I.AIIIJREIX;\SUR\N8015\1I51odl00.d'4wg -.-.. _._M'_ _._-,..,-,~-~,.- ,---- EXHIBIT -L Page~-A- LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 34, Township 48 South, Range 26 East. and being a portion of those lands described in O.R Book 3069 pages 2831-2832, of the Official Records of Collier County, Florida being more particuarly described as follows: Commencing at the East 1/4 Comer of Section 34, Township 48 South, Range 26 East; Thence North 89'51'33M West along the South line of the Northeast 1/4 of said Section 34, a distance of 100.09 feet to it's intersection with the Westerly right-of-way line of County Rood 951 (Collier Boulevard); Thence continue along said line North 89'51'33M West 75.07 feet; Thence North 02' 15'04" West 30.03 feet to the POINT OF BEGINNING; Thence North 89'51'33" West 361.87 feet; Thence North 00'08'27" East 50.00 feet; Thence 19.05 feet along the arc of a circular curve concave west having a radius of 50.00 feet through central angle of 21'49'48" and being subtended by a chord which bears North 1 ()" 46'27" West 18.94 feet to 0 poii'll of reverse curvature; Thence 94.84 feet along the arc of a circular curve concave east, having a radius of 177.00 feet through a central angle of 30'42'0,6" subtended by a chord which bears North 06'20'18" West 93.71 feet to a point of reverse curvature; Thence 26.35 feet along the arc of a circular curve concave west, having a radius of 25.00 feet through a central angle of 60"23' 47" sublended by a chord which bears North 21'11'09" West 25.15 feet; Thence North 51'23'02" West 35.13 feel; Thence 3.47 feet along the arc of a circular curve concave southwest having a radius of 62.00 feet through central angle of 03" 12'20" and being subtended by a chord which beafs North 52'59'13" West 3.47 feet; Thence North 38'36'58M East 50.10 feet; Thence 56.06 feet along the arc of 0 non-tangential circular curve concave northwesl having a radius of 25.00 feet through a , central angle of 128'28'56" and being subtended by a chord which bears North 64'22'30" East 45.03 feet; Thence North 00'08'02" East 36.60 feet to a point on the North line of the South 1/2 of the South 1/2 of the Southeast 1/4 of.he Northeast 1/4 of said Section 34; Thence South 89'51'58M East 331.01 feet; Thence South 02'15 '04" East 304.77 feet to the POINT OF BEGINNING. Containing 2.55 acres or 111,204.38 square feet, more or less. NOT VAUD WITHOUT SHEET ONE OF lWO PROJECT NO..: 65061 I PNICEl NO. , 1348 COWER COUNTY DEPARTMENT WH..illelw,~,,~~ OF TRANSPORTATION Agenaa Item NO. 10E SKETCH de DESCRIPTION May 25, ' 004 """""" e_ ~ s..n..,.a..L___""""""" D..."" -t-1 f18 WisonMiIer. foe. _rol~.___ I PltOJECT NO~ ~S;;EU ..........., I f~ J?OOIIIqc.. Siar1f>> ~1bt*)f/CU3J.1."'13UII-IM Jp 1JUtJ.j1,. Jti..SiIe ...........(DII lU/2004 N601S-0Q5-000 8-2OF 2 2L-812 IIor 24, 2004 - '3,08:44 lII.AIIURE!X:\SUR\Nli015\9.51 odl OQ.dwg EXHIBIT -L h \ \ Page.-L-of --L- - I ~ I I 0 -5'SI' I ci I , -ls ~-l' .0 h \ '1-l~~~ 0 .-- '-/ .-- IC) c O'l 0 I~ ~ '" South 1 /2 of the South I , Ii I J'j 1/2 of the Southeost I -.J <0 <( I=> .., o 1/4 of the Northeast ~ I 8lD~ r;::., /4 of Section 34 (> u S=>!i ,..:l ..- iiirln.. ~ \I) u: c5 O'l UJ .., 0 a:: ~ ai - , c5 a: N89'51'33"W I 100.09' P.O,C. I , East 1 (;4 Corner \ of Sec ion 34, NOTES: I Townsl'fp 46 South, Range 26 East 1. This is not 0 survey. \ \ 2, Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 02'15'04" W, Florida I State Plane Coordinates NAn 83/90, East Zone. I I I 3. Subject to easements, reservations and I restrictions or record. 4. Easements shown hereon ore per pial. unless otherwise noted. - ROW represents Right-of-Way. 5. 6. P .O,B. represents Point of Beginning. 7, P.O.C. represents Point of Commencement. 8. O,R. represents Official Records. 9. LB.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BEARING C19 87.00' 39'32'10" 60,03' 31.27' 58.85' N70'21'S6"E C20 62.00' 36'28'5r 41.64' 21.64' 40,86' 570'37'31 "E C22 25.00' 60'23'47" 26.35' 14.55' 25.15' S21'11'09"E C23 177.00' 30'42'06" 94.84' 48.59' 93.71' S06"20'18"E C24 50.00' 2,.49'48" 19.05' 9.64' 18.94' S10'46'27"E C25 40.68' 28'37'50" 20.33' 10.38' 20.12' N14'27'22"E C26 40.00' 63'36'37" 44.41' 24.61' 42.16' N60' 34' 35"E C27 250.00' 19'39'09" 85.75' 43.30' 85.33' N82'33'19"E C28 87.00' 25'04'35" 38.08' 19.35' 37.77' N85'16'03"E C29 63.00' 47'12'29" 51.91' 27.53' 50.45' N74'12'06"E ~ . ;; - J,. 5 -(Pf (DATE SIGNED) N NOT VAUD WITHOUT THE SIGNAWRE AND THE .... I ORGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. 0 150 100 200 4" - CERTIFICATE OF AUTHORIZATION LB /143 GRAPHIC SCALE PRCN[CT NO.: 65061 fWtCO.. NO. : 834 WiI.Miller-"~'=-~ 10E 004 -... ~ ~ s.....,....L__ ...............CmdonIs f18 Wi/,;onMiller, Inc. - 'of""", _ __ .... PAOJIl:I' """ 32Ol&Wt1-.3*aJ. ..,..lbt.iIjffdaW.l'IIi;;lle~ ,..ZJHQ.$11f ~_.......~ OJ/2004 N607S-G05-000 _ 24, 2004 - lJ:08,44 loUl.IUREIX,\SUR\N801 :5\~s lodlOD.dw9 - ,._-~--".,.,--- - EXHIBIT -L Page~---L- LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 34, Township 48 South, Range 26 East, and being 0 portion of those lands described in O.R Book 3069 pages 2831-2832, of the Official Records of Collier County, Florida being more particuarly described os follows: Commencing at the East 1/4 Corner of Section 34, Township 48 South, Range 26 East; Thence North 89'51'33" West along the South line of the Northeast 1/4 of said Section 34, a distance of 100.09 feet to it's intersection with the Westerly right-of-way line of County Rood 951 (Collier Boulevard); Thence continue along said line North 89'51'33" West 361.87 feet; Thence North 00'08'27" West 30.00 feet to the POINT OF BEGINNING; Thence North 89'51'33" West 526.98 feet; Thence North 00'08'27" East 61.03 feet; Thence 20.33 feet along the arc of a circular curve concave east having a radius of 40.68 feet through central angle of 28'37'50" and being subtended by 0 chord which bears North 14'27'22" East 20.12 feet; Thence North 28'46'17" East 61.68 feet; Thence 44.41 feet along the arc of 0 circular curve concave southeast having a radius of 40.00 feet through central angle of 63'36'37" and being subtended by 0 chord which bears North 60'34'35" East 42.16 feet to 0 point of reverse curvature; Thence 85.75 feet along the arc of a circular curve concave north, having 0 radius of 250.00 feet through a central angle of 19'39'09" subtended by a chord which bears North 82'33'19" East 85.33 feet to o point of reverse curvature; Thence 38.08 feet along the arc of a circular curve concave south, having 0 radius of 87.00 feet through 0 central angle of 25'04'35" subtended by 0 chord which bears North 85'16'03" East 37.77 feet to a point of reverse curvature; Thence 51.91 feet along the arc of 0 circular curve concave north, having 0 radius of 63,00 feet through a centro I angle of 47'12'29" subtended by 0 chord which bears North 74'12'06" East 50.45 feet; Thence North SO'35'51" East 26.28 feet; Thence 60.03 feet along the arc of 0 circular curve concave south having 0 radius of 87.00 feet through central angle of 39'32'10" and being subtended by 0 chord which bears North 70'21'56" East 58.85 feet; Thence South 89'51'59" East 120.00 feet; Thence 41.64 feet along the arc of 0 circular curve concave south having 0 radius of 62.00 feet through central angle of 38'28'57" and being subtended by a chord which bears South 70'37'31" East 40.86 feet; Thence South 51'23'02" East 35.13 feet; Thence 26.35 feet along the arc of 0 circular curve concave west having 0 radius of 25.00 feet through 0 central angle of 60'23'47" and being subtended by a chord which bears South 21'11'09" East 25.15 feet to a point of reverse curvature; Thence 94.84 feet along the arc of 0 circular curve concave east, having a radius of 177.00 feet through 0 central angle of 30'42'06" subtended by 0 chord which bears South 06'20'18" East 93.71 feet to o point of reverse curvature; Thence 19.05 feet along the arc of 0 circular curve concave west. having a radius of SO.OO feet through 0 central angle of 21'49'48" , subtended by a chord which bears South 10'46'27" East 18.94 feet; Thence South 00'08'27" West 50.00 feet to the POINT OF BEGINNING. Containing 2.20 acres or 95,874.41 square feet, more or less. NOT VAUD WITHOUT SHEET 1 OF 2 PROJEt:T NO-: 65061 I PARt(L NO, , BJ4 COLLIER COUNTY DEPARTMENT Wils;nMillei-'~~"~N OF TRANSPORTATION ,- lU:m I NO 10E SKETCH dr DESCRIPTION May 25, ~OO4 -. __ E_ ~'l__ _"""'- D~~o 1 ~ hf 18 WilsonMiIIer. ItIC. _fctI""".__.... I PRo..RT HOc ~:SHm I<<Al8[R, I F1I.L'lfo.' JDWlyt-.Suita>> ""~Ji'f15.I5Il..~~ ~2JUD.S1pf N-Stt ........_AI'I 03/2004 N6015-005-000 .J4-2 OF 2 2L -812 liar 24, 2004 - 13:06:44 ~\SUR\NeOl5\851",,100.""'g EXHIBIT ~ ~ \ \ Page ----Lot--L- - I 3: I I q I a::: I I .0 h \ 0 0 :; South 1/2 of the South 1/2 I Ii I ~ I L of .... """"""'" 1/+ of ''''' I ...J I '" I") Northeast 1 /4 of Section 34 <C( :::> Z 8 ~ <C( () lDel ~3~ ...- mull- lO ffi 0 0> 0 I") -.. "-"-"-"-"~p~~"- 0::: ~ IIi u 0: I I P.O,C. I Eost J:4 Corner \ of Se ion 34, I Townshjp 48 South, Range 26 East \ \ DESCRIPTION: I A portion of the South 1/2 of the South 1/2 of I I I the Southeast 1/4 of the Northeast 1/4 of Section . 34. Township 48 South. Range 26 East, and being 0 portion of those lands described in O.R Book 3OS9 pages 2831 - 2832. of the Official Records of CoUier NOTES: County, Florida being more particuarly described as "-. follows: 1. This is not 0 survey. Commencing ot the East 1/4 Corner of Section 34. 2. Basis of bearing is the West line of County Township 48 South. Range 26 East; thence N 89'51'33" W along the South line of the Northeast Road 951 (C.R. 951) being N 02'15'04" W, Florida 1/4 of said Section 34, 0 distance of 100.09 feet State Plane Coordinates NAD 83/90, East Zone. to its intersection with the westerly right-of-way 3. Subject to easements, reservations and line of County Rood 951 (Collier Boulevard) and the restrictions or record. Point of Beginning; thence continue N 89'51'33" W along said 1/4 section line 0 distonce of 75.07 4. Easements shown hereon ore per plot, unless feet; thence N 02'15'04" W, a distance of 334.BO otherwise noted. feet to a point on the North line of the South 1/2 of the South 1 /2 of th.. Southeast 1/4 of the 5. ROW represents Right-of-Way. Northeast 1/4 of said Section 34; thence 6, P.O.s. represents Point of Beginning. S 89'51'58" E. olong soid North line 0 distance of 7. P.O,C. represents Point of Commencement. 75,07 feet to its intersection with the westerly B. O.R. represents Official Records. right-of-way line of County Rood 951 (Collier 9. L.B.E. represents Landscape Buffer Easement, Boulevard); Thence S 02"15'04" Eost, along said 10. U.E. represents Utility Easement. westerly right-at-way line, a distance of 334.81 feet to the Point of Beginning. Containing 25112.01 sq. feet or 0.5765 acres, more or less. 3'dC(~trl (DATE SIGNED) ~ f NOT VAliD WITHOUT THE SIGNATURE AND THE 3M ORGlNAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB {l43 U- I Rf.\I1SEO PARCa NO. - 03/29/04 0 "" '00 .00 - GRAPHIC SCALE - Rf.\I1SED PARCEL - 03 23 04 rROJfCT NO.: 65061 PARCEl. NO. : 134C COLLIER COUNTY DEPARTMENT Wil"Millel~"R~'=n;. OF TRANSPORTATION SKETCH k DESC~ Item No. DE "..",.,., E_ E""""'.. _.~_ "_~ May 25, D4 WisonMiI/61, IIlC. - "".....--..... PRO.J[C'f NO..: r." 18 JNJBiile;~~" ~IbiIitJf~.""'2J9.64P..JtNd 1.,Z'JI.W5111 ~__~WlII 09/200J N6015 005-000 110, 24. 2004 - '3:00:~ \lU\IoIUill:1X,\SUR\N6015\951 od1 OO.dwg .-----...- ->~> EXHIBIT ~ ~ \ I Page ----1-o1---L- I I ~ I I 0 I a::: I I "0 n \ 0 ~ '-" ~ l!) 0> 0 :t: I ci I Ii l~ I South 1/2 of the South 1 /2 ~ <0 ~I 0 I -l 15 I') 4: [ th. So"th"" 1/4 of 'ho ::." CArq z 0 '" Northeast 1 /4 of Section 34 -~ C? o~ 4: U w '(J1 U IDC) ,0 o _ ~3if Or") "'0 P.O.B ~ IDU 0 -""'- l!) IX: 0 z S89'51'33"E 361.87' ITi 0> w I') 0 ,,_ . . _ .~OLF R~, _., _, z ai (OCCUPATION) N89'51'33"W 363.12' ~ n: N89'51'33"W 75.07' I N89'51'33"W 100.09' I I East 1(4 Corner \ of See ion .34, I TawnslP 48 South, Range 26 East \ \ I LEGAL DESCRIPTION I I I A portion of the South 1/2 of the South 1/2 . of the Southeast 1/4 of the Northeast 1/4 of Section 34, TownShip 48 South, Ronge 26 East, and being 0 portion ,of those lands described in NOTES: O.R Book 3069 pages 2831-2832, of the Official Records of Collier County, Florida being 1. This is not 0 survey. more particuarly described os follows: 2. Basis of bearing is the West line of County Commencing at the East 1/4 Corner of Section Rood 951 (C.R. 951) being N 02"15'04" W, Florida 34, Township 48 South, Range 26 East; Thence State Plane Coordinates NAD 8.3/90, East Zone. North 89'51'33" West along the South line of .3, Subject to easements, reservations and the Northeast 1/4 of said Section 34, 0 distance of 100.09 feet to it's intersection with restrictions or record. the Westerly right-of-way line of County Rood 4. Easements shown hereon ore per plot, unless 951 (Collier Boulevard); Thence continue along otherwise noted. said line North 89'51'33" West 75.07 feet to 5, ROW represents Right-of-Way. the POINT OF BEGINNING; Thence' continue along said line North 89'51'33" West 363.12 feet; 6. P.O,s. represents Point of Beginning. 7. P.O.C, represents Point of Commencement, Thence North 00'08'27" East 30.00 feet; B. Q,R. represents Official Records. Thence South 89'51'33" East 361.87 feet; 9. l.B.E. represents Landscape Buffer Easement. Thence South 02'15'04" East 30.03 feet to the 10. U.E. represents Utility Easement. POINT OF BEGINNING. Containing 0.25 acres or 10,874.90 square feet, more or less. OR THE FIRM) ~ 3 -;;'5'-OLf (DATE SIGNED) N NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAl RAISED SEAL OF A FLORIDA LICENSED ,- I SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1143 0 .. \.. ... 400 GRAPHIC SCAlE f'ftO.IECT NO.: 65061 PARCO. NO. : 134A COLUER COUNTY DEPARTMENT Wi_"illei'K"~"'-'~ OF TRANSPORTATION A,,%enda Item No, OE SKErCH de DESCRI ON May 25, 004 ",...... E_ ~ ~.,__ __C<m<Canb WilsooMiRer. Jnc. f18 -''''.......--..... PROJECT NO" J2f1JBM1l_~1l>> ~~nrGr,.IDU5Ol.RlIIrIrZ3!:~ '..lJUO-VlI ~1'lI'I':~.GI:J OJ/2(}(H N60 15-()()5-DOO II... 24, 2004 - 13:06:# MLAMIIREJx;\SUR\NIlO 15\851od100.c1w9 - ---- -- -.-- ~ - _u ---- .. -- n_ --------------------- ...----- -- ---. ------------------ - n -...-=-~_-:=--=========--~==--===::. n_ ----- ------:.-_--====.:-=.-=---- ,- 14 ..;I ... al~ ~f ~~1 ~~~ ~":J ~t: :1 :1 : :~ :=! : Agenda Item N May 25, 2004 Page 16 of 18 -- _.."-" - )>;. ..1 I~~,:'J" (:n:Jy. :';G,'~"';" c;;c cc .no " , " ,'. "~ ,\c.,,,,,,,;.,, I ' ) 1, ' "-~ -...:: ..l'n ~,,- )/ o::5:;.;~~I~\(&c."'":'~). '\l~ c1lc ~lJc c~} ....~......'.. . - - -- . ~.... -- -- - - - ~ --- .-.-- - ... .. _ n __-:--:-:-:-=:_~_ OGf_,I\M ~ . - - - - -:...::.... - - - .-- - -~ ---~....:...'~-~.- --- .- --~~ --- :-:-:-::.-~'" ----------=-.:." ------- ___hU_h. ---'-C-' ----.---- ___h. _=---=_n .. '___n. ... 1=-<- .~, . m un m m - I ... ,1.,-'~ ..!. ~~ I ~- __~,:PL -I., _ I .1 ......... - - ' ' ..... _ J.. I 1 CH2MHILL .... .: "".~.".,:""-'''''''' ~.,~>><<IT P:r.N: 04 - STA.. 15Z-40 ETEHTlOH ARE A May 25, 2004 Page 17 of 18 ,- FIRE STATION ,- 'lIl. PCL. 134 B P 1 PCL 834 ~ ~~~ ~~'~~~9!!~!1E-W~-~_:~~-~Y-:-; ~j?J.: i('~ ~Irf?~;~~PlTI PCL. 134 A May 25, 2004 Page 18 of 18 - ... ,-,,-""._~~,." ....-.. ..-.-,.--.......-"... "..-, EXECUTIVE SUMMARY Adopt a resolution authorizing condemnation of fee simple interests and/or those perpetual or temporary easement Interests necessary for the construction of roadway, drainage and utility Improvements required for the six-lane expansion of Collier Boulevard (CR-951) from Golden Gate Boulevard to Immokalee Road. (Capital Improvement Element No. 37, Project No. 65061). Estimated fiscal impact: $4,753,888.00. OBJECTIVE: To adopt a Resolution authorizing the acquisition by condemnation of fee simple interests andlor perpetual or temporary easement interests necessary for the construction of the Collier Boulevard six-lane improvement project from Golden Gate Boulevard to Immokalee Road (Project No. 65061). CONSlOERATlONS: County Staff requested authorization from the Board of County Commissioners to condemn property required to construct stormwater retention ponds along the Collier Boulevard project corridor. The Board of County Commissioners authorized condemnation of the pond sites on September 23,2003, under Resolution No. 2003-335. The Board of County Commissioners later authorized the purchase of road right-of-way for the Collier Boulevard project on October 28,2003, under Resolution No. 2003-372. The six-Ianing of Collier Boulevard between Golden Gate Boulevard and Immokalee Road will require the acquisition of additional right-of-way. ~ The Board of County Commissioners has been advised through numerous public meetings, MPO meetings, and documentation of the various alternative routes and typical roadway sections considered by its professional engineering staff and consultants, and of the environmental impacts and costs of each engineering alternative, and of the public health, safety and welfare considerations, and of the long-range planning implications posed by each alternative, and has determined that the legal descriptions, and the interest in real property specified on each legal description, which are a part of the attached Resolution, represent the most feasible location, and are necessary for the construction of the proposed improvements to Collier Boulevard (see attached technical memorandum dated May 3, 2004). The Board of County Commissioners is further advised that it is necessary and in the public's best interest to acquire, by condemnation if necessary, those interests in real property specified on each legal description attached to the Resolution. FISCAL IMPACT: The schedule for the acquisition of those interests in real property specified on each legal description attached to the Resolution may result in filing suit on every parcel required for the construction of the six-lane section of Collier Boulevard between Golden Gate Boulevard and Immokalee Road. That would result in an estimated acquisition cost of $4,753,888.00. Staff will continue to attempt to negotiate mutually agreeable settlements after the filings and up until the hearing dates. Should staff successfully negotiate settlements on 55% of the required right-of-way, then the total cost of acquisition is estimated to be $2,223,063.00. This amount includes the cost of aU real property rights required for construction of the proposed improvements, as well as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property owner attorney fees and expert witness fees, which the County is required to pay according to -- Agenda Item No. 10F May 25, 2004 Page 1 of 89 "",.,""-"",..."."."".-",,,."- .--..., ..,.--, Sections 73.091 and 73.092, F.S. All such payments will come from the Transportation Supported Gas Tax fund and Impact Fee Funds. Source of funds are gas tax and Impact Fees. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the six-lane improvements to Collier Boulevard (Project No. 65061) is an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. ,-. . _. Agenda Item No. 10F May 25, 2004 Page 2 of 89 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ,- Item Number 10F Item Summary Adopt a resolution authorizing condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the six-lane expansion of Collier Boulevard (CR-951) from Golden Gate Boulevard to lmmokalee Road, (Capital Improvement Element No, 37. Project No. 65061), Estimated fiscal impact: $4,753,888.00. Meeting Date 5/2512004 9:00:00 AM Prepared 8y Lorraine Lantz Right Of Way Coordinator Transportlon Services TECM-ROW Approved 8y Kevin Hendricks Right Of Way Acquisition Manager Date Transportlon Services Transportation Engineering and Construction 5/12/2004 2:29 PM Approved 8y Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 511212004 3:35 PM Approved 8y Usa Taylor Management/Budget Analyst Date ,- Transportlon Services Transportation Administration 5112/2004 2:42 PM Approved 8y Gary Putaansuu Senior Project Manager Date Transportlon Services Transportation Engineering and Construction 511212004 3:42 PM Approved 8y Gregg R. Strakaluse Transportation Engineering! Construction Mgmt Director Date Trans"?rtion Services Transportation Engineering and Construction 5/13/20048:34 AM Approved 8y Norm E. Feder, AICP Transportation Division Administrator Date Transportlon Services Transportation Services Admin. 5/13/2004 1:24 PM Approved 8y Diane Perryman Executive Secretary Date Transportlon Services Transportation Services Admin. 5/14120043:00 PM Approved 8y Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5114/2004 4:32 PM Approved 8y Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 5117/20048:18 AM - Approved 8y James V. Mudd County Manager Date Board of County County Manager's Office Commissioners W,17I21!J:45'l,VM Agenda em o. 'f MdY 25, 2064 Page 3 of 89 "---- - ---_. -'---- ---- MEMORANDUM DATE: May 3, 2004 TO: J ames Mudd, County Manager Commissioner, Donna Fiala. Chairman, District #1 Commissioner Fred Coyle, Vice-Chairman, District #4 Commissioner Frank Halas, District #2 Commissioner, Tom Henning, District #3 Commissioner James N. Coletta, District #5 FROM: Norman E. Feder AICP, Administrator, Transportation Services Division SUBJECT: Condemnation Resolution for Collier Boulevard from Golden Gate Boulevard to hnmokalee Road, Project No. 65061 On May 25, 2004, the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to six-lane Collier Boulevard from Golden Gate Boulevard to Immokalee Road. This three-mile project includes a divided six-lane roadway, with bike lanes on both sides and a sidewalk: along the west side of the roadway. To the east, the road is bordered by a canal. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution. As you are aware, this roadway has been on the County's long-range plan for many years. It has been the subject of Board meetings, MPO meetings and various other public meetings. This memorandum shall serve to supplement and recap the documentation previously provided to, or presentations made to, the Board. Also, the county attorney's office has advised that you must consider the following criteria when adopting the condemnation resolution: Agenda Item NO.1 OF Page 1 of 4 May 25, 2004 Page 4 of 89 - 1. Alternate Routes The need for additional north-south arterial capacity within Collier County for travel demands east of Airport-Pulling Road has been identified and studied at the long range planning level for more than a decade. The addition of Livingston Road has provided traffic relief west of the Interstate. East of the Interstate is Golden Gate City and the Golden Gate Estates, where opportunities are limited to the existing roadway alignments. The Santa BarbaralLogan Corridor is planned for extension both north and south. Collier Boulevard is being studied for extension into Lee County. Capacity improvements are currently planned for Immokalee Road, Vanderbilt Beach Road, and Santa BarbaralLogan. Collier Boulevard from Golden Gate Boulevard to Immokalee Road is the last remaining piece of two-lane roadway. To meet current and future capacity needs, the only viable alternative is to widen Collier Boulevard to six lanes at this time. 2. Safety Factors The design of the Collier Boulevard improvements has been conducted to meet the standards as defined using the Florida Department of Transportation (FOOT) Roadway and Traffic Design Standards; the FDOT Plans Preparation Manual, and related design manuals; the American Association of State Highway and -, Transportation Officials (AASHTO) Policy on Design of Urban Highways and Arterial Streets; the Manual on Uniform Traffic Control Devices (MUTCD); the Collier County Policy for Access Management for Arterial and Collector Roadways (Resolution No. 92-442 as amended by Resolution 01-247, dated June 26, 2(01); and the Public Rights of Way Construction Standards Handbook to ensure the safe movement of people and goods within the project limits. There were no "Design Exceptions" such as substandard lane widths or median widths identified for this roadway. Long Range Planning Factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social impa,cts, environmental impacts, costs and safety. Alternative improvements are considered on a network wide basis by the MPO and Collier County Transportation when they program these projects. Consideration of alternative routes and improvements was an integral part of the development of the LRTP. Since at least the 2010 LRTP (adopted in 1992), and reiterated in the following updates for 2020 LRTP (original adopted 1996, updated 1999) and the 2025 LRTP (adopted 2(01), the need for upgrading Collier Boulevard has been identified. The project improvements ar~ consistent with current and near future travel demand needs and the availability of financial resources. Originally proposed to be four lanes from Golden Gate Boulevard to Vanderbilt - Agenda Item No. 10F Page 2 of4 May 25, 2004 Page 5 of 89 -_.,~-- ,_._., __u. .~""_..__^__,~ ---....-.. Beach Road, the Board subsequently approved the six-Ianing of Collier Boulevard over its full length at the December 17, 2002, Board meeting. 3. Environmental Factors Long-range planning criteria require the consideration of impacts to environmentally sensitive areas. Generally, the impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. As such, the section of Collier Boulevard from Golden Gate Boulevard to Immokalee Road will have minimal environmental impacts. The project has been coordinated with both the U.S. Fish & Wildlife Service and the Florida Fish & Wildlife Conservation Commission. A Threatened and Endangered Species Survey was conducted with negative findings. The project has. also been coordinated with the South Florida Water Management District (SFWMD) and the Army Corps of Engineers. A wetland survey was conducted, and a determination has been made that wetlands are not impacted by this project. Evaluations during the alignment determination phase took more localized environmental issues into account such as choosing the offsite retention/detention system ponds and developing the surface water management system. The use of detention ponds at the chosen location has a lesser environmental impact than using lateral ditches. Other sites did not provide viable options. As a result, this project will use detention ponds for water treatment and attenuation. The ultimate stormwater discharge point for this project is the 951 Canal. There has been coordination with the SFWMD regarding surface water drainage issues, and the application for the Environmental Resource Permit for this project has been submitted and is currently under their review. 4. Costs Cost to provide for the improvements has been considered from the initial identification in the adopted LRTP. As the project has been refined during the design, more specific costs to implement have been developed and considered as part of developing the financially feasible Capital Improvement Program. The design of the improvements has been made to maximize the improvement benefit with the minimum amount of impacts. The typical section for the project includes a six-lane roadway with bike lanes on both sides and a sidewalk: along the west side. South of Vanderbilt Beach Road, model home sites and the residential lots of the Golden Gate Estates bound the corridor to the west with a canal to the east. North of Vanderbilt Beach Road, there is a mixture commercial and residential development with schools and shopping centers to the west, with residential development to the east of the 951 canal. The roadway section has been minimized to avoid the taking of additional Agenda Item No. 10F Page 3 of 4 May 25, 2004 Page 6 of 89 .;. .d.',_"",,,_""",~,,,,"",';;,,,",,...",_,_,;,,,,,..",,,,,,,_~,",,,,~,,,,,,,,~.,,,, "";''''''" .- right of way, while providing for safe and efficient pedestrian and traffic flow. As a result, construction costs and the maintenance of traffic costs during construction are minimized. Of course, during the cost I benefit analysis phase the "do nothing" option is always one of the alternatives considered. While difficult to quantify with absolute precision, the "cost" of traffic congestion on the roadway's users is always a factor when studying the cost and feasibility of any roadway project Construction on this two-year project is planned to commence early in fiscal year 2005. This project is part of an aggressive acquisition schedule to address the traffic movement and safety needs of the community. Thank you for your time and review of this vital information. cc: Leo Ochs, Assistant Co~nty Manager David Weigel, County Attorney Gregg R. Strakaluse, P.E., Director, TE&CM Department Don Scott, AICP, Director, Transportation Planning Department Gary R. Putaansuu, P.E., Senior Project Manager, TE&CM Department .- -, Agenda Item No.1 OF Page 4 of 4 May 25, 2004 Page 7 of 89 ^"._<.~.-.._----,.'~'_._---- ....-- _0____"_ RESOLUTION NO. 2004 - _ A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPlE INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCfION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS REQUIRED FOR THE SIX-LANE EXPANSION OF COLLIER BOULEVARD (CR-951) FROM GOLDEN GATE BOULEVARD TO IMMOKALEE ROAD. (CAPITAL IMPROVEMENT ELEMENT NO. 37, PROJECT NO. 65061). WHEREAS, the Board of County Commissioners (Board), on November 19,2002, adopted Ordinance No. 2002-60 therein establishing the Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various i capital improvement projects; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2002-60; and WHEREAS, the six-lane section of Collier Boulevard from Golden Gate Boulevard to Immokalee Road (Project No. 65061) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and inco'1>orated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been detennined by the Board that the construction of the six-lane section of Collier Boulevard between Golden Gate Boulevard and Immokalee Road (hereinafter referred to as "the Project") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS RJRTHER RESOLVED that construction of the Project is an integral part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensi ve Plan for Growth Management, as approved by the Horida Department of Community Affairs. AND IT IS RJRTHER RESOLVED that the County Staff has reviewed alternative locations for the Project, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of Agenda Item NO.1 OF May 25, 2004 Page 8 of 89 i .-",,.,,......"".',,...,",,.",,,.,,""'__,;.......""""""",,_...... ....."_""""O......",."';,......."",,"P.,,,.';..,.. ,.- the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible locations for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is necessary for the Board to acquire various real property interests described in Exhibit "An to wit: fee simple title interests and/or those perpetual or temporary easement interests. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above referenced real property interests more particularly described in Exhibit "A," attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. This Resolution, adopted on this _ day of , 2004, after motion, second and majority vote. - ArrEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form and ZCi~;=~ Ellen T. Chadwell Assistant County Attorney - Agenda Item No. 10F May 25, 2004 Page 2 Page 9 of 89 -- ,~..__._.- "..-- ~.,"~ . ~ -' ...... h I I EXHlijIT~ FEE SIMPlE I I Page-L of INTEREST I I L4 I 3i 0 GOLDEN GATE ESTATES ,...." 0:: I UNIT NO. 2 ~ -l P.B. 4. PAGE 75 q <C I a:: ?i I u z '0 I' I I 0 0' ...- 0 .- 10 N '-' 1 0> OJ I TRACT vi ...- 10 a::: N 0> U @ -:l 0:: ~ l u VI Lj I (Jl !=> 0 I I ~ ~ I I L 1 t LINE TABLE I P.O.B, LINE LENGTH BEARING L40 10.00 N89'31'28"E L41 10.00 S89'31'28"W I .; LEGAL DESCRIPTION NOTES: The East 10.00 feet of Tract 120 Golden Gate Estates Unit No.2, Plat Book 4, 1. This is not a survey. Page 75-76, of the Public Records at Collier County, Florida, being mare 2. Basis of bearing is the West line of County particularly described as tollows: Rood 951 (C.R. 951) being N 00'28'32" W, Florida Beginning at the Southeast comer at State Plane Coordinates NAO 83/90, East Zone. Troct 120; thence S.89'31'28"W. along the 3. Subject to easements, reservations and South line at Tract 120, a distance of restrictions or record. ' 1 0.00 teet; thence N.0<r28'32"W., a distance at 350.00 feet to its intersection 4. Easements shown hereon are per plat, unless with the North line at Tract 120; thence otherwise noted. N,89'31'28"E. along said North line, a distance at 10.00 teet to the Northeast 5. ROW represents Right-at-Way. corner at Tract 120; thence S.00'28'32"E. 6. P.O.B. represents Point of Beginning. along the East line at Tract 120, 0 7. P.O.C. represents Point at Commenr.er.'..nt. distance at 350.00 teet to the POINT OF 6. O.R. represents Official Records. BEGINNING. 9. LB.E. represents Landscape Buffer Easement. Containing 3.500.00 square feet or 0.0603 10. U.L represents Utility Easemenl ocres, more or less. ~ 1\1 Cf -: 17-0 "1 (DATE SIGNED) I NOT VAllO WITHOUT THE SIGNATURE AND THE ~ I ORGINAl RAISED SEAl OF A flORIDA UCENSED 0 211 "" 100 200 SURVEYOR AND MAPPER. GRAPHIC SCALE CERTIFICATE OF AUTHORIZATION LB #43 PROoJECr NO" 65061 PARCO.. NO. : 102 WiI."ille,.'<<U.- -'BllINn'~'____,~_,~~ ~,h> PROoJEX:T NO.: .... .1W!1lwJ . _ . _. roo,. 09/2003 N6015-005-ooD -...............--.--.,.-.--- "..";",....."'.'";"''''''""......".;""'-..;"''~,,....., h I I :XHIBIT~ I I ~~~ of - I I L76 I ~ GOLDEN GATE ESTATES 0 ,-... ci I UNIT NO. Z ~ -l P ,B. 4, PAGE 75 0 4: I ci z I 4: "0 () z Vl I I 0 0 0 ~ I 0 q ~ 10 N N '-"' I CJ) TRACT (Xl (Xl ~ I Li Li 10 ex; @ N N CJ) () :#. . f11 ci ~ I u ~ ~ L-i I (}l (}l !=> 0 0 0 I I TEMPORARY C!. o. CONSTRUCTION EASEMENT I (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) I I LINE TABLE LINE LENGTH BEARING L75 5.00 S89'31'i8'W L76 5.00 N89'31'28"E I L77 10.00 S89'31'28"W - NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County LEGAl DESCRIPTION Rood 951 (C.R. 951) being N 00'28'32" W, Florida A portion of Tract 120 Golden Gate Estates State Plane Coordinates NAD 83/90, East Zone. Unit No.2, Plat book 4, Pages 75 Ilc 76, of 3. Subject to easements, reservations and the Public Records of Collier County, Florida, restrictions or record. being more particularly described as follows: 4. Easements shown hereon are per plat, unless Commencing at the Southeast comer of Tract otherwise noted, 120; thence S.89'31'28'W. aloog the South line of Tract 120, a distance of 10.00 feet to, the 5. ROW represents Right-of-Way. POINT Of' BEGINNING; thence S.69'31'28"W. 6. P.O.B. represents Point of Beginning. along said South line, a distance of 5.00 feet; 7. P.O.C. represents Point of Commencement. thence N.00'28'32'W" 0 distance of 350.00 8. O.R. represents Official Records. feet to its intersection with the North line of 9. LB,E. represents Landscape Buffer Easement. I Tract 120; thence N.89'31'28"E. along said 10. U.L represents utility Easement, North line, a distance of 5.00 feet; thence I S.00'28'32"E., 0 distance of 350.00 feet to 4 I the POINT OF BEGINNING. Containing 1,750.00 square feet or 0.0402 acres, more or less. <jJ~ f ~ DAVID J. ~ATT, .S.M. (FOR THE FIRM) N FlORIDA UC. NO. 5834 Of -17 '0 1 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ~ . I ORGINAL ,RAISED SEAL OF A FlORIDA UCENSED SURVEYOR AND IvlAPPER. 0 2$ 50 1110 200 CERTlFlCATE OF AUTHORIZATION La 1143 GRAPHIC SCALE -, I'llOoJ6:r NO" 65061 P.aRCEL NO. : 702 WiI.,Mille,..K_- 10F 004 -'e--.'~,-.-...~_.~~ f 89 MocnMIr, ... _...,1.olo.... ._=_IirI.rn.:;."'=.;..~'=-. ___ PROJEcr NO" 09/2QO.J N6015-005-000 .... 'II. ZOO3 - '1:37:37 1!Ul.lURE\X:\SUR\NlIOl5\1l51odl00.dwv -, ..._- .--...-.- EXHIB, IT~ F::::''iTE h I Pa ,r:2.. of '6 < ge~ . 30.001 60'00J I 3i : ...... I q -------- -- - 3i 0:: 1 ST AVE. N.W. l42 0 ::i. -------- --1 t ~ ~ I 0' ~ ~ I lO I GOLDEN GATE ESTATES (/) ~ I' : . UNIT NO. 2 t5 ~ Ol ' U P.B. 4, PAGE 75 ~ ~ 0; ~. """ vi u TRACT ~ ": I I I ~ ~.,' _dl I"Tl ---. I ~ ~ ~ I VI 0 o . ~ 0 . 0 o . """ . I I I L43 I LINE TABLE I LINE LENGTH BEARING P.D.B. L42 35.00 N89'31'28"E L43 10.00 589'31 '28"W L44 30.00 NO<r28'32"W LEGAL OESCRIPTlON A portion of the East 1/2 of Tract 119 Golden Gate Estates Unit No.2, Plat Book 4, Page 75-76. at the NOTES: Public Records ot Collier County, Florida, being more particularly 1. This is not a survey. described os tallows: 2. Basis at bearing is the West line of County Beginning at the Southeast comer Rood 951 (C.R. 951) being N 00'28'32" W, Florida of Tract 119; thence 5.89'31 '28"W. State Plane Coordinates NAD 83/90, East Zone. along the South line of Tract 119. a distance af 10.00 feet; thence 3. Subject to easements, reservations """ N.05'14'27"W., a distance of 301.04 restrictions or record. feet to its intersection with the South line of the 60.00 toot 4, Easements shown hereon are' per plot. unless right-at-way easement of 1 ST AVE. otherwise noted. N.W.; thence N.O<r28'32"W., a . distance ot 30.00 teet to its 5. ROW represents RIght-at-Way. intersection with the North line ot 6. P.O.B. represents Point of Beginning. Tract 119; thence N.89'31'28"E. 7. P.O.C. represents Po~nt ot Commencement. along said North line, a distance of 8. O.R. represents OffiCIal Records. 35.00 teet to the Northeast corner 9. L.B.E. represents ~~mdscape Buffer Easement. of Tract 119; thence S.0<r28'32"E. 10. U.E. represents Utility Easement. along the East line of Tract 119. a distance at 330.00 teet to the 4 POINT OF BEGINNING. contain',n g. 7,801.44 square feet or 0.179 acres, more or less. J)cd J ~ DAVID J, HY:,~' P.. : (FOR THE FlRM) ~ FLORIDA Uy' NO. 5834 J;'\I q ~ 17 -t). 3 (DATE SIGNED) NOT VAlIQ ,WITHOUT' THE SIGNATURE AND THE ~ I ORGINAL RAISED SEAL OF A FlORIDA UCENSED SURVEYOR AND MAPPER. 0 .. ""'00 200 CERTIFICATE OF' AUTHORIZATION LB #43 GRAPHIC SCAlE I'lIl:>J(CT ""-' 65061 PAACEl..... , 103 COWER COUNTY DEPARTMENT . . -.........- OF TRANSPORTATION WII.Miller SKETCH de DESCRIPTION -'~'6oolosII*''''''''' ,~_. ~~ ~,... ......,.,....._._..... I'IllO.a:r NO" -Mrt.o... """"----'.._. _ __ 09/2003 N6015-005-000 ._...._-_.~"'"-_..",...."..,,,"~... EXHIBIT~ I I - page.2L d1J[ I-J I 30.00'1 60.001' I ~ I _ __ 0 I ~ -------- 3;-, 1 ST AVE. N.W. ci <( . z ~ <( _ _ LBO _ U I - - - - - - - - 1 g'... ... I It) I '-'" 0> GOLDEN GATE ESTATES ;0 I Ii UNIT NO. 2 ~ g 0> d P.B. 4, PAGE 75 ~ ~ 0; lJ -J'o -J'o. U TRACT ~ ~ ~ : @ I VI Vl o~ TEMPORARY ~ 0 CONSTRUCTION EASEMENT -J'o. -J'o (DURATION: 3 YEARS FROM I COMMENCEMENT OF CONSTRUCTION) I L78 I L79 I LINE TABLE I LINE LENGTH BEARING L78 10.00 S89'31'28"W L79 5.02 S89'31'28"W LBO 5,02 NB9'31'2B"E LEGAL DESCRIPTION NOTES' A portion of Tract 119 Golden Gate Estates. . Unit No. 2, Plo~ Book 4, Page. 75-7~, Public 1. This is not 0 survey. Records at Colher County. Flonda, being more particularly described os follows: 2, Basis of bearing is the West.line of County C . t th S th 0 t m r of Tract Rood 951 (C.R. 951) being N 00'2B'32" W, Florida ommencmg 0 e au e 5 co e . I 119; thence S.B9" 31'28"W. along the South line State Plane Caordonates NAO 83 90, East Zone. of Tract 119, a distance of 10.00 feet to the . . d POINT OF BEGINNING' th S B9'31'28"W 3. ~u~Ject to easements, reservattons an . .' en<;e '. restncttons or record. along sOld South hne, 0 distance of 5.02 feet; . thence N.05'14'27"W., 0 distance of 301.04 4. Easements shown hereon are per plat, unless feet to its intersection with the South line of otherwise noted, the 60.00 foot right-of-way easement of 1 ST AVE. N.W.; thence N.B9'31'2B"E. along said 5. ROW represents Right-of-Way. South line, 0 distance of 5.02 feet; thence 6, P.O,B. represents Point of Beginning. 5.05'14'27"[., 0 distance of 301.04 feet to 7. P.O.C. represents Point of Commencement. the POINT OF BEGINNING. B. O.R, represents Official Records. Containing 1,506.00 square feet or 0.0346 9. L.8.E. represents Landscape Buffer Easement. acres, more or less. 10. U.E. represents Utility Easeme'/il ~ N '1 - 17- O;} (DATE SIGNED) NOT VALlO WITHOUT THE SIGNATURE AND THE ~] j ORGINAL. RAl5EQ SEAL OF A FLORIDA UCENSED . , SURVEYOR' . ANti MAPPER. 0 25 "" 100 200 ; CERTIFICATE OF AUTHORIZATION LB /143 GRAPHIC SCAlE - I'IIOJa:T "'" 65061 PARCEl. 110. , 703 Wi_MiIle1- ~g~ -'~'EcoII'llIoII'___'~_,~~ f 89 _,/;r1~.*;;...,... """"fer 110" .....,~.........-_.__.,..,_._-- 09/200J N60t5-Q05-(}()() iop lS, 2003 - 15:11:47 MIAlUREIX:\SUR\Nl1015\D5hdl00.d"1l EXHIBIT% I I Page-2L of FEE SIMPLE INTEREST n L45 I ,.... 0:: :C I I ci I -:i. GOLDEN GATE ESTATES ci 7- < UNIT NO. 2 '0 () P.B. 4, PAGE 75 z 0 ..... (J) ..... to 0 0 '-" Ol VI q ..... I (J1 N to ci (J1 co Ol t5 1 TRACT ~ vi I co. N ~ ~ @ ~ fTi () I ~ VJ VJ VJ VJ 0 0 I Ol 0 0 ~ I 60'0J 30.00l' I I -------- -- - I 1ST. AVE N.W. L46 --------1-- - I I I I I LINE TABLE LINE LENGTH .'BEARING l45 47.66 N89'31'28"E l46 27.74 S89'31'28"W NOTES: 1. This is not 0 survey. LEGAL DESCRIPTION A portion of Tract 11b Golden Gate Estates 2. Basis of bearing is the West line of County Unit No.2, Plot Book 4, Page 75-76, of the Rood 951 (C.R. 951) being N 00'28'32" W, Florida Public Records of Collier County, Florida, State Plane Coordinates NAD 83/90, East Zone. being more particularly described os follows: 3. Subject to easements, reservotions and Beginning at the Southeast comer of T rect restrictions or record. 118; thence S.89'31'28"W. along the South line of Tract 118, 0 distance of 27.74 feet; 4, Easements shown hereon ore per plot, unless thence N.03'55' 48"W., 0 distance of 330.60 otherwise noted, feet to its intersection with the North line of Tract 118; thence N,89'31'28"E, along said 5. ROW represents Right-of-Way. North line, 0 distance of 47.66 feet to the 6. P.O,B. represents Point of Beginning, Northeast comer of Tract 118; thence 7. P.O.C. represents Point of Commencement. S.00'28' 32"E. along the East line of Tract 8. O.R. represents Official Records. 118, 0 distance af 330.00 feet to the POINT 9. L.B.E. represents Landscape Buffer Easement. OF BEGINNING. 10. U.E. represents Utility Easement. Containing 12,440.93 square feet or 0.2856 ceres, more or less~ + N q-17 -qJ (DATE SIGNED) NOT VAllD WITHOUT. THE SIGNATURE AND THE ! - __.. .,...:.J ORGINALRAlSEP'SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. 0 2A "" lDO 200 CERTIFICATE OF AUTHORIZATION LB #43 GRAPHIC SCAlE PRO.lECT """ 65061 ~~; 105 COLLIER COUNTY DEPARTMENT Wil.Millel.'~- OF TRANSPORTATION gen 10F SKETCH de DESCRIPTION 004 -'B1!Mn. EooIoQIoIo.....,... '1.Io*opo_. ~~ f 89 lIIoolMer, h:: PROJECr 1'<<).: ..... ./lIt..... _. _,_ .....UII..... .......____...._.__ 09/200J N60tS-()()S-OOO "'"'.""'''__'_;",c''''...;".,,,,,,,,,"~.......,,,............. h I ------~------_._----------------------- I ---EXHIBIT .- Page {.c of' I - I ~ ci TEMPORARY 0: CONSTRUCTION EASEMENT ;t (DURATION: 3 YEARS FROM ~ I COMMENCEMENT OF CONSTRUCTION) () .0 I I 0' ~ ... to ......, I m GOLDEN GATE ESTATES ... 0: to UNIT NO. 2 z Ul en U 0 0 P.B. 4, PAGE 75 Vi Vi 0: ~ U1 U1 U U!. U1. L.~ TRACT -l>- -l>- Ol Ol i . @ fT1 I VI VI 0 0 0 0 in in I U!. U1. 6o.0~'l I I 30.00' I ---------- - 1ST. AVE. N.W. LINE TABL~ - - - - T - T I LINE LENGTH BEARING - 181 5.01 S8 '31'28"W L82 5.01 N89'31'28"E 183 ~7.65 S89'31'28"W NOTES: 1. This is not 0 survey. 2. Basis of bearing is the West line of County LEGAL DESCRIPTION Rood 951 (C.R. 951) being N 00'28'32" W, Florida A portion of Tract 118 Golden Gate Estatss State Plane Coordinates NAD 83/90, East Zone. Unit No, 2, Plat Book 4, Page 75-76, at the Public Records of Collier County, Florida, being 3. Subject to easements, reservations and more particularly described as follows: restrictions or record. Commencing at the Northeast comer of Tract 4. Easements shawn hereon ore per plat. unless 118; thence S.89'31'28"W. along the North line otherwise noted. of Tract 118. 0 distance of 47.66 feet to the POINT OF BEGINNING; thence S.03"55'48"E., a 5. ROW represents Right-at-Way. " distance of 300.55 feet to its intersection with 5. P.O.B. represents Point of Beginning. the North line of the 60.00 foot right-of-way 7. P.D.C. represents Point of Commencement. easement at 1ST AVE. N.W.; thence 8. O.R. represents Official Records. S.89"31'28"W. along said North line, 0 distance 9. LB,E. represents Landscape Buffer Easement. of 5.01 feet; thence N.03"55'48"W., 0 distance 10. U.E. represents Utility Easement. of 300.55 feet to its intersection with the North line of Tract 118; thence N.89'31'28.E. ~ along said North line, 0 distance of 5.01 feet to the POINT OF BEGINNING. Containing 1,503.02 square teet or 0,0345 acres, more or less N cr -i~- (/ ., (DATE SIGNED) NOT VAUD WITHOUT THE SIGNATURE AND lliE .- ~ ' I ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 0 25 1lO 100 200 CERTIFICATE OF AUTHORIZATION La #43 GRAPHIC SCAlE - PROJEJ:f ""-' 65061 PARCEl. NO. : 705 COWER COUNTY DEPARTMENT Wil.Mille,.,AUO- OF TRANSPORTATION 10F 004 -'~'-"'---'I.on*Ipo- .~~ f 89 ~,h:. PROJECT NO..: 1IIIl...,u....... ~=_"".r.''';''''=H.~'::.n.___ 09/2003 N6()15-()()!J-OOO Sop la. 2003 - 15:11:47 lllAMUREJX:\SUR\/l801 11\851 ""1 OG.dwv , -- ~""_.-- -"'~---'-'''-'''. I n I GOLDEN GATE ESTATES r-... Ii I UNIT NO. 2 ~ I P.B. 4, PAGE 75 ci I -;l Ii z <( TRACT '0 u -------------~---------------------------- L31 I.Jl 0 ..- 10 0 .....,. 0> .1 q N ... Ii 0 OJ 10 I --.l t.i Ol I U N ~ I l--J ro1 u FEE SIMPlE r ~ L. INTEREST VI Ol VI Ut I 0 0 I l32 . I P.O.B. I I I I 1 I CURVE DELTA CHORD BEARING C7 0'49'16" NOS31'10"W LEGAL DESCRIPTION NOTES: A portion of the South 165 feet of T roct 117 Golden Gate Estates Unit NO.2, Plat Book 4 Page, Page 75 1- This is not a survey. and 76, of the Public Records of Collier County, Florida. being more particularly described os follows: 2. Basis of bearin9 is the West line of County Beginning at the Southeast corner of Tract 117; Road 951 (C.R. 951) being N 00'28'32" W, Florida thence S.89'31'28"W., along the South line of tract State Plane Coordinates NAn 83/90, East Zone. 117 0 distance of 33.63 feet; thence N.OS55' 48"W., 3. Subject to easements, reservations and a distance of 68.89 feet to 0 point of curve to the restrictions or record. I right having a radius of 6,726.00 feet and 0 central I angle of 00"49'16" and being subtended by 0 chord 4. Eosements shown hereon are per plot, unless which bears N.OS3t'10"W. 96.37 feet; thence otherwise noted. northerly along the arc a distance at 96.38 feet; to its intersection with the North line at the South 165 5. ROW represents Right-ot-Way. feet of Troct 117; thence N.89'31'28"E., along said 6. P.O.B. represents Point of Beginning. North line 0 distance at 42,90 feet to its intersection 7. P.O.C. represents Point of Commencement. with the Easterly line of said Troct t 17; thence 8. O.R. represents Official Records. S.00'28'32"E.. along the East line of said Tract 1170 9. L.B.E. represents Landscape Buffer Easement. distance of 165.00 feet to the POINT OF BEGINNING. 10. V.E. represents Utility Easement. Containing 6,349.39 square feel or 0.1458 acres, more or less. 4 a. LINE TABLE LINE LENGTH BEARING LJl 42.90 N89'31'28"E L32 33.63 S89' 31' 28"W 't-.J 3 -0 J (DATE SIGNED) LJ3 68.89 NOS 55' 48"W NOT VALID WITHOUT THE SIGNATURE AND THE N ORGINAl RAlSIiD SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. CERTIfiCATE OF AUTHORIZATION LB #43 ~- I I . 25 50 '00 200 GRAPHIC' SCALE REVISED 09/22/03 PRCJ[CT NO.: 65061 fWIC[L NO. : 106 Wil."iller-'~- 10F 004 1'Imoro-s--. ,Eocltlpolr .....,.,..~~ .~~ f89 MIcnIIIr, h::. .Ipt. lid.... . _ . _. r.,. PRO.Jl:CT 110. _.....1"'1.... .....__.__.,._.__ 09/zoro N6015-oos-aoo Sop 22. 2003 - 1 ~:oe:~1 IIWMlElX:\SllR\NeOl ~151 odlOO.dwo) ~.~- TEMPORARY I TRACT CONSTRUCTION EASEMENT I (DURATION: 3 YEARS FROM - @ COMMENCEMENT OF CONSTRUCTION) ~ I I ~ 0 ...--- Ii GOLDEN GATE ESTATES 3i 0 -l UNIT NO, 2 <: I Ii z P.B. 4, PAGE 75 <: I 0 I u 0 I ..- - 10 '-" Ol .- cC. TRACT 10 ------------C2~~---------------------------- Ol V Ii ~ c..i ~ I I I TRACT I @ I I CURVE DELTA CHORD BEARING C8 0-49'23" NOj31 '06"W ,_. 0'49'16" 503"31'10"E NOTES: 1. This is not a survey. Commencing at the Southeast corner of Tract "7; thence 2. Basis of bearing is the West line of County S.8!r31'28"W. along the South line of sold Tract 1 17, a Rood 951 (C.R. 951) being N 00'28'32" W. Florida distance of 33.63 feet to the POINT OF BEGINNING; thence State Plane Coordinates NAD 83/90, C~" ::;)ne. continue S.89'31'28"W. along said South line, a distance of 3. Subject to easements, reservations and 5.01 feet; thence N.D3'55' 48"W., a distance of 68.59 feet to a point of curve to the right having a radius of 6,730.47 restrictions or record. feet and a central angle of 00'49'23" and being subtended 4. Easements shown hereon are per plat, unless by a chord which bears N.03'31'06"W. 96.67 feet; thence otherwise noted. northerly along the arc a distance of 96.67 feet to its intersection with the North line Qf the South 165 feet of 5. ROW represents Right-Of-Way. Tract 117; thence N.89'31'28"E. along said North line, a 6. P.O,B. represents Point of Beginning, distance of 5.01 feet to the point of curve of a non 7. P.O.C. represents Point of Commencement. tangent curve to the left, of which the radius point lies 8. O.R. represents Official Records. N.86'53'2S"E., a radial llistance of 6,725.47 feet; thence 9. LB.E. represents Landscape Buffer Easement. southerly along the arc, through a central angle of 10. U.E. represents Utility Easement. 00'49'16. and 0 chord which bears S.03'31'10"E. 96.37 feet, a distance of 96.37; thence S.03'55' 48"E.. 0 distance of ;'68.89 o the POINT OF BEGINNING. 4 Cant 27.14 squar feet or 0.0190 acres, more or res '. ANDREW 8. BECK, P :S:M. (FOR THE FIRM) FLORIDA L1C. NO. 606$ LINE I /~~~ 7 (DATE SIGNED) L88 L89 N NOT VALID WrrHOllT THE', SIGNATURE AND THE ORGINAL RAlSEl;l,SEAL OF A FLORIDA LICENSED SURVEYOR ,AND' MAPPER. ~ I 1 CERTIFICATE OF AUTHORIZATION La #43 . ~ 50 100 200 REVISED 10-13-03 - REVISED DESCRIPTION GRAPHIC SCAlE REVISED 09 24 03 -.. I'ROoJtCI' NO. PMCEL NO. : 706 65061 COLUER COUNTY DEPARTMENT Wils;nlfiller.-~PO- OF TRANSPORTATION ~enda Item No, OF -'&ut-..~ '_._.'I.aodoap_,___-. SKETCH 8& DESCRIP N May 25, 04 ~Ilc PROJECT No.: 89 .....LtIl.... ...=_""':-.,.;.~':::'- __ 09/2OOJ N6015-OOS-000 , Sop 25, 200Ji - 1~ IlWlUREJX;\SUR\NeOl$\"'lIdl00.dwg .-.-. ..~..- I h I I:XHI~'T ~ I FEE SIMPlE I PQ~' 01 INTEREST I ~ - q ,..... ~ 0::: 0 -I <( ci ~ I -------------~~~-------------------------------- a () 0 I .-- I .- 10 ........ I (]) .- ci 10 GOLDEN GATE ESTATES (]) U UNIT NO, 2 ci ~ U P,8, 4, PAGE 75 P.O.B. L-.I L29 (f) I 0 q I\) ll!. l.H I I\) , (") : fTI I m I ~ I 0> (]I TRACT _____ 0 o. -----------<:117:)------------------------ L30 J CURVE DELTA CHORD BEARING C6 1'Z4'23" S02"24'21"[ LEGAl DESCRIPTION NOTES, A portion of the North l/Z Tract 117 Golden Gote Estates Unit No.2, Plot Book 4 Page, Page 75-76, of the 1. This is not 0 survey. Public Records of Collier County, Florida, being more particularly described os follows: 2. Basis of bearing is the West line of County Beginning at the Northeast comer of said Tract 117; Rood 951 (C.R. 951) being N,00"28'32" W, Florida thence S,00"28'J2"E. along the East line of said Tract State Plane Coordinates NAn 83/90, East Zone. 117, 0 distance of 165.00 feet; thence S.89'31'Z8"W. along the South line of the North 1/2 of said Tract 3. Subject to easements. reservations and 117, 0 distance of 42,90 feet to the point of curve restrictions or record. of 0 non tangent curve to the right. of which the 4. Easements shown hereon ore per plot, unless radius point lies N.86'53'Z8"E., 0 radial distance of 6,726.00 feet; thence northerly along the arc, through otherwise noted. o central angle of 01'24'23" and being subtended by 5. ROW represents Right-of-Way. o chord which bears N.02"Z4'21"W. 165.09 feet, 0 6. P .O.B. represents Point of Beginning, distance of 165.10 feet to its intersection with the 7, P.O,C. represents Point of Commencement. North line of said Tract 117; thence N.89'31'28"E, 6. O,R, represents OffICial Records. along the North line of said Tract 117, 0 distance of 9. LB.E. represents Landscape Buffer Easement. 46.46 feet to the POINT OF BEGINNING. 10. U.E. represents Utility Easement, Containing 7,59Z.96 square leet or 0.1743 acres, more or less. ~ OA~a{,'/igo, 'HE m_) LINE BEARING L29 N89'31'28"E . flORIDA, LlC.. ~.o. 5~~4, L30 S69'31'26"W cj-f7~qy , (DATE SIGNED) NOT VALID -WITl:lOUT, THE SIGNATURE AND THE N ORGINAL RAISE!) SEAl OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 ~ I 0 .. 50' .... 200 GRAPHIC SCAlE: PRO.IECT NO.: 65061 PARCO- NO. : 107 COWER COUNTY DEPARTMENT WiI.Mille,----- OF TRANSPORTATION 10F 004 -.e-...,....,......,... .~_ .~~ f89 MocrMIr, tic _.Ilol......._._..... P!lOJECT NO" .....""'-...---.--.""-.-- 09/2003 N6075-D05-000 Sop 17, 2003 - 09:31:50 1I1.A1olURElX:\SUIl\N501 5\851 odl OO.dw9 TRACT S89'31'28"W! I - @ 48.46' I I I =XHIBIT qe 10 of I '.- \) 0 ~ ~ I I ~ 0 :I TRACT __________________ ___ ~ 0 ------------~---------- L91 "....., ex: I 117 ~ -l q I <( I 0:: Z <( TEMPORARY -0 I u GOLDEN GATE ESTATES CONSTRUCTION EASEMENT 0 ... UNIT NO. 2 ... II) (DURATION: 3 YEARS FROM ......., en P,B. 4, PAGE 75 COMMENCEMENT OF CONSTRucn ) .- ex: \I} en U I 0:; I ~ u TRACT L1 @ CURVE DELTA CHORD BEARING Cl0 1'24'23" S02"24'20"E Cl1 1'24'20" N02'24'15"W LEGAL DESCRIPTION .-, A portion of the North 165 feet of Tract 117 NOTES: Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76, of the Public Records of Collier 1. This is not 0 survey, County, Florida, being more particularly described as follows: 2. Basis of bearing is the West line of County Commencing at the Northeast corner of Tract Road 951 (C,R. 951) being N 00'28'32" W, Florida 117; thence S,89'31'28"W. along the North line of State Plane Coordinates NAD 83/90. East Zone. Tract 117, 0 distance of 48.46 feet to the POINT 3. Subject to easements, reservations and OF BEGINNING; said paint also being the beginning restrictions or record, of a curve to the left. of which the radius point lies N,88'17'52"E,. a radiol distance of 6,725.47 4, Easements shown hereon are per plot, unless, feet; thence southerly along the ore. through 0 otherwise noted. central angle of 01'24'23" and being subtended by 0 chord which bears S,02'24'20"E 165.09 feet, 5. ROW represents Right-of-Way., a distance of 165.10 feet to its intersection with 6. P.O.B. represents Point of Beginning. the South line of the North 165 feet of Tract 7. P,O,C. represents Point of Commencement. 117; thence S,89'31'28"W. along said South line, 8. O.R, represents Official Records. o distance of 5.01 feet to the point of curve of 9. L.B,E, represents Landscape Buffer Easement. o non tangent curve to the right, of which the 10. V.E. represents Utility Easement. radius point lies N,86'53' 35"E.. a radial distance of 6,730.47 feet; thence northerly along the ore. through a central angle of 01'24'20. and being LINE BEARING subtended by 0 chord which bears N02'24'15"W L90 N89'31'28"E 165.09 feet. 0 distance of 165,10 feet to its intersection with the North line of Tract 117; L91 S89'31'2B"W thence N,89' 31'28"E. along said North line, 0 distance of 5.00 feet to the POINT OF BEGINNING, Containing 826.39 square feet or 0.0190 acres. more or less. f5/ t1-J--Cf--o, (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE I ORGINAL RAISED SEAl OF A FLORIDA UCENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 643 REVISED zoo - PAOJECT HO.: 65051 PMCfl. NO. : 707 Wil"Miller.'~U.- SKE:TCH de DESCRIPTION -'~.~............~_.~~ MIocrMIor, t>c PROJ(CT NO.: ...../lrt....._._.,_ __~....Jlll~__.__."'_.___ 09/2ooJ N601!J-005-000 Sop 24, 2003 - 14:17~ IIWo1UllEIX:\SVR\NlOl S\SS1 0011 OO.dwg -- _._- -.-..-- h I I LINE TABLE I LINE LENGTH BEARING I ~ L25 50.00 N89'31'28"E 0 ..--. ri L26 48.46 S89'31'28"W ~ -.J L28 21.04 NoO'28'32"W q <( 0:: Z I Tract <( '0 u --------------~------------------------r= a I I q 0 N - I{) OJ LO '-'" I en <!) - LO a::: en u FEE SIMPlE w 0:: ~ INTEREST (J U1 01 U I") L-I co 01 b 0 I L26 Vl GOLDEN GATE ESTATES UNIT NO, 2 I P.B. 4, PAGE 75 I I I -------------------------------------------------- I CURVE DELTA CHORD BEARING C5 1'13'35" Nor05'21 "W NOTES: LEGAL DESCRIPTION 1. This is not 0 survey, A portion of the South 1/2 of Tract 116 Golden Gate Estates Unit No,2, Plot Book 4, Page 75-76, of the Public Records of 2. 8asis of bearing is the West line of County Collier County, Rood 951 (CR. 951) being N 00'28'32" W, Florida Florida, being more particularly described os follows: State Plane Coordinates NAD 83/90, East Zone. BEGINNING at the Southeast corner of tract 116; 3. Subject to easements. reservations and Thence South 89'31'28" West along the South line of Tract 116 o distance of 48.46 feet; Thence 143.97 feet along the ore of restrictions or record. a non-tangential circular curve concave east having 0 radius 4. Easements shown hereon ore per plot. unless of 6,725.47 feet through a central angle of 01'13'35" and otherwise noted. I being subtended by 0 chord which bears North 01'05'21" West 143.97 feet; Thence North 00'28'32" West 0 distance of 21.04 5. ROW represents Right-of-Way. feet to its intersection with the North line of the South 1/2 of 6, P,O,B, represents Point of Beginning, Tract 116; Thence North 89'31'26" East, along said North line 7. P.O.C. represents Point of Commencement. o distance of 50,00 feet; 8. O.R. represents Official Records. Thence South 00'26'32" East. along the East line of Tract 116, 9, L.8,E. represents Landscape Buffer Easement. a distance of 165.00 feet to the POINT OF BEGINNING. 10. U,E, represents Utility Easement. Containing 0.1877 acres or 8,175.26 square feel. more or less. + (DATE SIGNED) N NOT VAlID WITHOUT THE SIGNATURE AND THE ORGINAL RNSED SEAL OF A FlORIDA LICENSED SURVEYOR AND MAPPER. ".- I CERTIFICATE OF AUTHORIZATION LB #43 0 25 50 '00 200 GRAPHIC SCAlE PAl)JtCT NO.: 65061 PARCO. He. : 108 COLLIER COUNTY DEPARTMENT Wil.Millei.-~-- OF TRANSPORTATION Agen 10F -,~,~,,,,-",t.dap_.~~ SKETCH &: DESCRIPTION 004 ~,h:. f 89 ......""....._._.. PROJE.CT NO.: aMrlMl"'. ....__.,... _."" _. ___ 09/200J N6015-0OS-OOO .,. 22. :!OOJ - 11:36-..5a ltlAI.IIlRflX:\SIJR\Neol5\lI~l.dl OO.d"ll ----------------~ ~ EXHIBIT Page-Ll.. Of--fR1\ i CONSTRUCTION EASEMENT I CT I (DURATION: 3 YEARS FROM I COMMENCEMENT OF CONSTRUCTION) h @! ,- I 0 I 0 I ci GOLDEN GATE ESTATES ~ ..J q I ..: UNIT NO. 2 IY Z <( P,S. 4, PAGE 75 '0 <..> 0 ~ ~ 10 "-" CJl I TRACT ~4 ~ -- 10 I IY I -----------~~~---------------------------~ ~ CJl U ~ I Lj Y o 0 N t...I I S89'31'28"W I 48.46' I I TRACT L92 J @ I P.O,S. I CURVE DELTA CHORD BEARING C12 1'13'32" N01'05'19'"W C13 1'13'35" SOl'05'21"E LEGAl DESCRIPTION NOTES: A portion of the South 1/2 of Tract 116 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-75, 1. This is not a survey. .,- of the Public Records of Collier County, Florida, being more particularly described as follows: 2. Basis of bearing is the West line of County Commencing at the Southeast corner of Tract 115; Rood 951 (C,R, 951) being N 00'28'32" W, Florida thence S.69'31 '28"W, along the South line of Tract State Plane Coordinates NAD 83/90, East Zone. 116, 0 distance of 48.46 feet to the POINT OF 3. Subject to easements, reservations and BEGINNING; thence continue S.89'31 '28"W, along said line, 0 distance of 5.00 feet to the point of curve of restrictions or record. a non tangent CUrve to the right of which the radius 4. Easements shown hereon are per plot, unless point lies N.88'47'55"E., 0 radial distance of 6,730.47 feet; thence northerly along the arc, through a otherwise noted. central angle of 01'13'32" and being subtended by 0 5, ROW represents Right-of-Way, chord which bears N.Ol'05'19"W. 143.97 feet, 0 5. P .O,B. represents Paint of Beginning. distance of 143,97 feet; thence N.00'28'32"W., a 7. P,O,C. represents Point of Commencement. distance of 21.04 feet to its intersection with the 8, O.R. represents Official Records, North line of the South 1/2 of Tract 116; thence 9. L.B.E. represents Landscape Buffer Easement. N,89'31 '28"E, along said North line, a distance of 10. U.E. represents Utility Easement. 5.00 feet; thence S.00'28'32"E., 0 distance of 21.04 feet to 0 point of curve to the left having 0 radius of 6,725.47 feet; thence southerly along the ore, through 0 central angle of 01'13'35" and being subtended by 0 chord which bears S.01'05'21 "E. 143.97 feet, 0 distance of 143.97 feet to the POINT OF BEGINNING, Containing 825,05 square feet or 0,0189 acres, more or less. 4 LINE TABLE LINE LENGTH BEARING L92 5.00 S89'31'28"w L93 21.04 NOO'28'32"w '1-: j. ~ ;(J3 L94 5,00 N89'31 '28"E (DATE SIGNED) L95 21.04 S00'28'32"E N NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FlORIDA LICENSED ~ I I SURVEYOR ANO MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 0 .. '" 100 200 REVISED 09/24/03 GRAPHIC SCALE _. P1tOJECT NO..: 65061 rARCll. NO. : 708 COLLIER COUNTY DEPARTMENT Wi"Miller-'~- OF TRANSPORTATION 10F 004 _.a--..-............,.,..~_.~~ f 89 ~~ ........,...._._.r_ PROJtCT NO.: -...,lIoI.... ,-.__,__.,._. ___ 09/200J N6015-005-000 Sop 2~ 2003 - 14;17:05 1IVoMURf:\X:\SUR\NeOl S\151 0011 OO.ctwv ,..,-_. ---_..._,.... -----" ^-- --..-.------.-.-- -- .- I FEE SIMPlE h I I INTEREST I I I I I I ::: I I GOLDEN GATE ESTATES I 0 I I I 0:: I UNIT NO, 2 I P,B. 4, PAGE 75 -l I 4: I Z 1 4: I U 0 I 0 - N " ......., Ol I CO I - cr; VI 10 N Ol I u ~ 0:: ~ U ~ ~ L Ol Ol Y' U1 TRACT 0 0 o. I I -CEV----- . L48 ------- ------ 116 I I I I I 1 LINE BEARING L47 N89'31'2S"E L48 S89' 31'28"W LEGAL DESCRIPTION NOTES: A portion at the North 1/2 at Tract 116 Golden Gate Estates 1. This is not a survey, Unit No.2, Plat Book 4, Page 75 ond 76, Public Records ot Collier 2. Basis ot bearing is the West line of County County, Florida, being more Road 951 (C.R. 951) being N 00'28'32" W, Florida porticularly described as follows: State Plane Coordinates NAD 83/90, Eost Zone, Beginning at the Nor~heast corner of 3. Subject to easements, reservations and Tract 116; thence S.00'28'32"E, restrictions or record. along the East line ot Tract 116, a I distance of 165.00 teet to its 4. Easements shown hereon are per plat, unless intersection with the South line of otherwise noted, the North 1/2 of Tract 116; thence S.89'31'28"w. along said South line, 5, ROW represents Right-ot-Way. o distance of 50.00 feet; thence 6. P.O.B, represents Point of Beginning. N.00'28'32"W., a distance of 165,00 7. P .O.C. represents Point of Commencement. feet to its intersection with the North 8. O.R. represents Official Records. line of Tract 116; thence 9. L.B.E, represents Landscape Buffer Easement. N.S9'31'28"E. along said North line. 10, U,E. represents Utility Easement. o distance ot 50.00 teet to the POINT OF BEGINNING. + Containing 8,250.00 square feet or 0.1894 acres. more or less N Q-'7'O} (DATE SIGNED) . I NOT VAUo W1THOUT~ THE SIGNATURE AND THE ~- I ORGINAl RAISED SEAL OF A F'LORIDA LICENSED 0 25 50 '00 200 SURVEYOR AND MAPPER. GRAPHIC SCALE CERTIFlCATE OF' AUTHORIZATION LB #43 .-- PROJECT NO.: 65061 PNICO. NO. : 109 COLLIER COUNTY DEPARTMENT ___".lllJll~ OF TRANSPORT AnON WiI.Miller gen 10F SKITCH & DESCRIPnON 004 -'8lINn'&oollsIIoIo'~'~_'~~ f 89 ..' ",,~::!:f.',t;;... , '- PItDJCCT NO.: lIJI.....lAol.....~__."""_.,._.____ 09/2ooJ N60t5-oo5-000 P.O.B, 589'31 '28"W' 50.00' I L97 ,- z Ul I 0 0 0 0 TEMPORARY N N I I (Xl (Xl CONSTRUCTION EASEMENT U tH I (DURATION: 3 YEARS FROM tv tv COMMENCEMENT OF CONSTRUCTION) ~ ,..,; h ~ ~ (]l (]l !J' U1 I 0 0 TRACT ________________S s,__ I ?i I ----------------------------- L96 . @ 0 r:- I ci ~ ...J q <( GOLDEN GATE ESTATES a::: z <( '0 u I UNIT NO. 2 0 ~ P.B. 4, PAGE 75 ....... to I I en ~ to I 0:; en .' TRACT LI LJ @ I I LINE BEARING L96 S89'31 '2B"W L97 NB9'31'2B-E LEGAL DESCRIPTION .- A portion of the North 1/2 of Tract NOTES: 116 Golden Gate Estates Unit No.2, Plot Book 4. Pages 75-76, of the 1, This is not 0 survey. Public Records of Collier County, Florida, being more particularly 2. Basis of beoring is the West line of County described os follows: Rood 951 (C.R. 951) being N 00'28'32- W, Florida Commencing at the Northeast corner State Plane Coordinates NAD 83/90, East Zone. of Tract 116; thence S.89'31'2B-W. 3, Subject to easements, rese.rvotions and along the North line of Tract 116, 0 restrictions or record. distance of 50.00 feet to the POINT OF BEGINNING; thence S,OO'28'32-E., 4. Easements shown hereon ore per plot, unless o distonce of 165.00 feet to its otherwise noted. intersection with the South line of the North 1/2 of Tract 116; thence 5. ROW represents Right-of-Way, !;.89'31'28"W, along said South line, 6, P,O,B. represents Point of Beginning. o distance of 5.00 feet; thence 7, P .O.C. represents Point of Commencement. N.00'2S'32"W., 0 distance of 165.00 B, O,R. represents Official Records. feet to its intersection with the North 9, L.B,E. represents Landscape Buffer Easement. line of Tract 116; thence 10. U.E. represents Utility Easement. N.e9'31 '2e-E. olong said North line, 0 distance of 5.00 feet to the POINT OF BEGINNING. Containing 825.00 square feet or 0.0189 acres, more or less + 1-;'3-0; (DATE SIGNED) N NOT VALID WITHQUT THE SIGNATURE AND THE 'r.- I ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION La 1143 0 :IS so lOll 20Il GRAPHIC SCAlE PJtO"IICT NO.1 65061 PARCEl. NO. : 709 COWER COUf'ofTY DEPARTMENT - Wi,.MII'ei..AUW- OF TRANSPORTATION -,s--. '&clogiIIl,___.~.-.- ,~~ ~,~ PROJtcT NO.: --~.....'-=#",.;.,~~'=-,--- 09/ZOOJ N60 1~-OO~-OOO Sop I" ~ - 1;';40:$4 1IUiIIllII$:\SUR\NIIOI~\"1 lIdl OO.dwt ._- ~-"'. -,'- "'''M_ . .-._,"--- I I h FEE SIMPlE I ~ I INTEREST GOLDEN GATE ESTATES I ci UNIT NO. 2 ,-... ~ :i I P.B. 4, PAGE 75 -! 0 <: TRACT ______________ L50 ~ z <: ----------------- -z (J') .0 () ------------ ~ S 0 0 ~ I q ~ If) N '-' m ll? Cll ~ I I u u If) ~ N N m I () ~ rri LJ I 111 ~ ~ Cll -------------!=l 3RD AVE. N.W. 0 0 I I L49 - - - - -1- - - - - - - - J I I I I I I I I I I I I I I I I I I LINE BEARING L49 S89'31'28"W LSD N89'31'28"E LEGAL DESCRIPTION NOTES: A portion of the South 180 feet of Tract 114 Golden Gate Estates 1, This is not 0 survey. Unit No.2, Plat Book 4, Page 75 and 76, Public Records of Collier 2. Basis of bearing is the West line of County County, Florida, being more particularly described os follows: Rood 951 (C,R. 951) being N 00'28'32. W, Florida Beginning at the Southeast corner State Plane Coordinates NAD 83/90, East Zone. of Tract 114; thence S.89'31'28"W. 3, Subject to easements, reservotions and along the South line of Trect 114, restrictions or record, o distance of 64.00 feet; thence N,OO'28'32"W., a distance of 4. Easements shown hereon are- per plat, unless 180.00 feet to its intersection with otherwise noted. the North line of the South 1/2 5. ROW represents Right-of-Way. of Tract 114; thence N.89'31'28.E. along said North line, a distance 6. P.O,B. represents Point of Beginning, of 64.00 feet to its intersection 7. P,O.C. represents Point of Commencement. with the Easterly line of Tract 114; 8. O.R. represents Official Records. thence S,00"2B'32.E. along the 9. L.B,E. represents Landscape Buffer Easement. east line of Tract 114, a distance 10. U.E. represents Utility Eosement. of 1 BO.OO feet to the POINT OF BEGINNING, ~ Containing 11,520.00 square feet or 0.2645 acres. more or less. M 1'-17-03 (DATE SIGNED) NOT VAUD WITHOUT THE SIGNATURE AND THE ~- I I ORGINAL RAISED SEAL OF A flORIDA UCENSED SURVEYOR AND MAPPER. 0 2. 50 lDO 2llD CERTIFICATE OF AUTHORIZATION LB #43 GRAPHIC SCALE PROJECT NO.: 65061 PARCO. NO. : 117 COLUER COUNTY DEPARTMENT Wil.Miller'.'~- OF TRANSPORTAnON 10F 004 _.~.--.----.~_.~~ f 89 ~tlc: ..... ,.,..... - . _. '- -..n:T NCb -_u....... .___.__.""_. ___ 09/200:J N60/5-005-000 rl -~;ID . --.- ~~ ~ CONSTRUCTION EASEMENT ~ g _ (DURATION: 3 YEARS FROM (Jl N COMMENCEMENTOFCONSTRucnON) S89'31'2~"\W ~ 5 I 64.00 . N, I ___________IBJ~~T__________________________~~~o ~__ _ rTJ I @ ~ r I . ~ ~ 8 ~ I ci r:- ci ~ ...J ~ ~ 0:: <: - - - - - - - - - - - - l102 - u 3RD AVE. N.W. g I ..- ..- 1.0 I '-" Ol _1_____--- ..- I ----- I 1.0 0:: I Ol . I U I . TRACT I GOLDEN GATE ESTATES ~ l I UNIT NO. 2 I I ~ @ I P.B. 4, PAGE 75 ~ ! I LINE TABLE LEGAl DESCRIPTION LINE LENGTH BEARING A portion of the South 180 feet of Tract L100 5.00 N89'31'28"E 114 Golden Gate Estates Unit No.2, Plat L101 150,00 SOO'28'32"E Book 4, Pages 75-76, of the Collier " Ll02 5,00 S89'31'28"W County, Florida, being more particularly L103 150.00 N00'28'32"W _ descnbed as follows: Commencing at the Northeast corner of NOTES: Tract 114; thence S,OO'26'32"E. along the East line of Tract 114, a distance of 1. This is not 0 survey. 150,00 feet to its intersection with the North line of the South 180 feet of Tract 2, Basis of bearing is the Wesl line of County 114; thence S.89'31'28"W, along said Rood 951 (C.R. 951) being N 00'26'32" W, Florida North line, 0 distance of 64.00 feet to State Plane Coordinates NAD 83/90, East Zone, the POINT OF BEGINNING; thence S.00'28'32"E., a distance of 150,00 feet 3, Subject to easements. reservations and to its intersection with the North line of restrictions or record. the right-of-way easement of 3RD AVE. N.W.; thence S.89'31'28"W. along said 4, Easements shown hereon are per plat, unless North line, 0 distance of 5.00 feet; otherwise noted, thence N,OO'28'32"W" a distance of ' 150.00 feet to its intersection with the 5. ROW represents Right-of-Way. North line of the South 180 feet of Tract 6, P.O.B. represents Point of Beginning, 114; thence N.89'31'28"E. along said 7. P,O.C. represents r::o~nt of CQmmencement. North line, 0 distance of 5,00 feet to the 8. O.R. represents OffICIal Records, POINT OF BEGINNING. 9. L.B.E. represents Landscape Buffer Easement. Containing 750.00 square feet or 0.0172 10. U.E. represents Utility Easement. ccres. more or less. IT.. ' '"" "" A'") A " . NO': 5834 If- q';.. J '3-0 J (DATE SIGNED) N NOT VALlI), WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A flORIDA L1CENSEO ...- I SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 0 2'" 100 200 GRAPHIC SCALE _ P1lOoJrcr NO; 65061 PAAeD. NO. , 711 Wil"Millel.'~W- 10F -.. e.-..__. ____..........._. >>--.~ 004 ....flIf~~..~.'- PIlOJECT NO" f 89 ....,u.............__.__.""_.___ 09/200J NS015-005-000 lop ". ~ - 11:2.:40 lIlAMURflX:\SUR\,M801!1\8!11lldl00.d", ~---_.. - ---~ FEE SIMPlE h I INTEREST I GOLDEN GATE ESTATES I UNIT NO, 2 I ~ P.B. 4, PAGE 75 I q z n:: q ....J <( N Z co. ~ VJ I N - ~ - I U) I ......- m 112 - I ci U) ~ m U U1 U1 TRACT ___________ ? 0 ci LJ 0 u ---------------~---------- 0 L51 o. - LJ1 114 I I - - - - - - 3RD AVE~N.W.-- I I I I I -----1-------- I I I I I LINE TABLE LINE I LENGTH I BEARING L511 60.00T. 589' 31'28"w L521 60,ooT N89'31'28"E LEGAL DESCRIPTION NOTES: A portion of the North 150 feet of Tract 114 Golden Gate Estates 1. This is not 0 survey. Unit No.2, Plot Book 4, Page 75 and 76, Public Records of Collier 2. Basis of bearing is the West line of County County, Florida. being more Road 951 (C.R. 951) being N 00'28'32" W, Florida particularly described as follows: State Plane Coordinates NAD 83/90, East Zone, Beginning at the Northeast corner of 3. Subject to easements, reservations and Tract 114; thence S.00'28'32"E. along restrictions or record. the East line of Tract 114, 0 distance of 150.00 feet to its intersection with 4, Easements shown hereon ore per plot, unless the South line of the North 150 feet otherwise noted. of Tract 114; thence S.89'31'28"w, along said South line, 0 distance of 5, ROW represents Right-of-Way. 60.00 feet; thence N.00'28'32"w., a 6, P.O.B. represents Point of Beginning, distance of 150,00 feet to its 7. P.Q,C. represents Point of Commencement. I intersection with the North line of Tract 8. O,R. represents Official Records, I 114; thence N,89'31'2B'E. along the 9. L.B.E. represents Landscape Buffer Easement. North line of Tract 114, a distance of 10. U,E, represents Utility Easement. 60.00 feet to the POINT OF BEGINNING. Containing 9,000.00 square feet or ~ 0,2066 acres, more or less N q-Il'() 'j (DATE SIGNED) NOT VALlO WITHOUT THE SIGNATURE AND THE 1-- I ORGINAL RAISED S.EAl OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 0 20 50 IDO 200 CERTIFICATE OF AUTHORIZATION LB #43 GRAPHIC SCAlE PROJECT NO..: 65061 PARCU. NO. : 112 ........ .IU"'~ Wil.Miller 10F 004 - '~'&%gIoII.......,...~- .~~ f 89 WIIordor, h:. _.FIrt....._._.r_ PltOJ[CT NO.: ....,U....lIlI.___ .__."._. ___ 09/2003 N60/5-005-<<JO 589'31 '28''W1 I OLDEN GATE ESTATES 60,00' I I UNIT NO. 2 P P.B. 4, PAGE 75 1107 I .- I c:~ I 00 I ~~ PARCEL :--7 712 TRACT ____________ ____ :5i .----------------------------------- L105 0 @ r:- ei I ~ ....J I TEMPORARY q I <: 0:: z CONSTRUCTION EASEMENl <: (DURATION: 3 YEARS FROM .0 I u COMMENCEMENT OF CONSTRUe'i Ie' 0 ...... ...... LC) ......,. m ...... LC) (~ I -------------- m U 3RD AVE. N.W. 0:: ~ I I 0 - - - - - -\- - - - - - - - ~ TRACT I I @ I I I . LINE TABLE LINE LENGTH BEARING L104 150.00 500'28'32"E L105 5.00 S89'31'28"W LEGAL DESCRIPTION L106 150.00 NO<T28'32"W A portion of the North 150 feet of L107 5.00 N89'31'28"E .- Tract 114 Golden Gate Estates Unit No.2, Plot Book 4, Page 75-76, of the Public Records of Collier County, NOTES: Florida, being more particularly described os follows: 1. This is not 0 survey, Commencing at the Northeast corner 2. Basis of bearing is the West line of County of Tract 114; thence S,89'31'28"W. Rood 951 (C.R. 951) being N 00'28'32" W, Florida along the the North line of Tract 114, State Plane Coordinates NAD 83/90, East Zone. o distance of 60,00 feet to the POINT OF BEGINNING; thence 3. Subject to easements, reservations and 5,OO'28'32"E., 0 distance of 150.00 restrictions or record. feet to its intersection with the South line of the North 150 feet of Tract 4. Easements shown hereon ore per plot, unless 114; thence S.89'31'28"W. along said otherwise noted. South line, 0 distance of 5.00 feet; thence N.00'28'32"W., 0 distance of 5. ROW represents Right-of-Way, 150.00 feet to its intersection with 6, P.O.B. represents Point of Beginninc;; the North line of Tract 114; thence 7. P,O.C. represents Point of Commencement. N.89'31'28"E. along said North line, 0 8. OR, represents Official Records, distance of 5.00 feet to the POINT 9. L.B.E. represents Landscape Buffer Easement. OF BEGINNING. 10, U.E. represents Utility Easement. Contoining 750.00 square feet or 0.0172 acres, mare or less. b~~'"" ~ DAVID J. YATT.~ (~OR THE FIRM) FLORIDA lIC. NO. 5834 q - }- J,,-()} (bATE SIGNED) N '. .~ NOT VALID WITHOUT THE SIGNATURE AND THE '.- I ORGINAL RAISED SEAL:.'OF A FLORIDA LICENSED SURVEYOR AND 'MAPPER. CERTIFICATE OF AUTHORIZATION LB '43 0 u "" 1DO 21lD GRAPHIC SCALE PRO.JfCT NO.: 65061 PARtIL NO. : 712 COLLIER COUNTY DEPARTMENT ~. W;/"M;lle'--~~- OF TRANSPORTAnON SKETCH &: DESCRIPnON - . ~ . Ji:oIIsWo . .....,... .".,.,."._ . ~ ""-- l\'IIcr1Wor. he. PROJ(CT NO.: .....""....._._.r_ 09/200.1 ........"""....---.--.,.-..... -- N6015-005-000 lop ,., 2003 - '1:24:48 lllAMURE!X:\SUR\1l1lOlll\811' od1 CO.dwg -- FEE SIMPLE h INTEREST I ......... ci I ~ I GOLDEN GATE ESTATES q I -J. 0:: z UNIT NO. 2 <( P,B. 4, PAGE 75 "'0 u 0 ...... '-' 10 en I ...... TRACT ______________________...2: L54 10 ci I (f] en j <3 -------------- 0 0 ~ -------- @ ~ q 0:: I IV <3 en L c.i lH IV IV ~ rri I 113 I ~ I en (J1 I 0 L53 LINE BEARING I L53 S89'31 '28"W I I L54 N89' 31 '28"E I I LEGAL DESCRIPTION NOTES: A portion of the South 1/2 of Troct , 13 Golden Gate Estates Unit No.2. 1. This is not a survey. Plot Book 4, Pages 75 and 76, Collier County, Florida, being more 2. Basis of bearing is the West line of County particularly described os follows: Road 951 (C,R, 951) being N 00"28'32" W, Florida Beginning at the Southeast corner of State Plane Coordinates NAD 83/90, East Zone. Tract 113; thence S.89'31'28"w, along 3, Subject to easements, reservations and the South line of Tract 1 1 3, 0 restrictions or record. distance of 55,00 feet; thence N.00'2B'32"w" 0 distance of 165,00 4. Easements shown hereon ore per plot, unless feet to it's intersection with the North otherwise noted. line af the South , /2 of T roct 1 13; 5. ROW represents Right-of-Way, thence N.89' 3,'28"E. along said North line, 0 distance of 55,00 feet to its 6. P,O.B. represents Point of Beginning, intersection with the Easterly line of 7. P.O.C, represents Point of Commencement. Tract 113; thence S.00'28'32"E. olang 8. O.R. represents Official Records. the East line of Tract 113, 0 distance 9. L.B.E, represents Landscape Buffer Easement. of 165.00 feet to the POINT OF 10, U.E. represents Utility Easement. BEGiNNING. Containing 9,075,00 square feet or + 0.2083 acres, more or less N q ~/7CD} (DATE SIGNED) NOT VALID WITHOllT THE SIGNATURE AND THE .,. I ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, . 2. so 100 200 CERTIFICATE OF AUTHORIZATION LB 1/43 GRAPHIC SCALE PRO.IECT NO,. 65061 PARCO.. NO. : 113 COLUER COUNTY DEPARTMENT Wi_Miller-'~U.- OF TRANSPORTATION 10F 004 _.--..-. ......,.,..~- .~""-- f 89 ~tlC _.Iirt....._._.~ PftO..I[C'T NO.: ......LoIl......___.__.""_.___ 09/2003 N6015-005-000 '"" '" 2003 - 13;10-.32 1oIW.l\JRElX:\SUR\NllOI ~\g~I odl OO.cIwv _,,,. .."""!. I Q ~ -ef--m. TEMPORARY TRACT CONSTRUCTION EASEMENT h (DURATION; 3 YEARS FROM _ @ COMMENCEMENTOFCONSTRUGT"". I I ~ I o o I a: GOLDEN GATE ESTATES ~;;i UNIT NO. 2 ~ z P.B, 4, PAGE 75 . () g .- I TRACT __________l-111 ~ I ~ I .----------~------------------- ~ I ~ ~~ ~ ~ o N '---. I I I TRACT I ~ I I I I LINE TABLE LINE LENGTH BEARING Ll08 55,00 SB9'3"28"W LEGAl DESCRIPTION L109 5.00 S89'31'28"W A portion of the South 1/2 of Tract; L110 165,00 NOO'28'32"W 113 Golden Gate Estates Unit No, 2, L 111 5.00 N89'31'2B"E Pages 75-76, of the Public Records L112 165,00 500'28'.32"E - of Collier County, Florida, more particularly described os follows: . S th t NOTES: Commencing at the ou eos comer of Tract 113; thence S.69'.31'28"W. 1. This is not 0 survey. olong the South line of Tract 113, a distance of 55,00 feet ta !he POINT 2, Basis of bearing is the West line of County 01' ~EG!NNING; thence ~on:tnue Rood 951 (C.R. 951) being N 00'28'.32" W, Florida 5.89.31 28"W. along SOld hne, 0 State Plane Coordinates NAD 8.3/90, cC_, Zone, distance of 5.00 feet; thence N,OO'26'~2"iY', a di~torice. of 165.00 .3. Subject to easements, reservations and feet to Its Intersection WIth the North restrictions or record. line of the South 1/2 of Troct 113; thence N.89'31'28"E. along said North 4. Easements shown hereon ore per plat, unless line, a distance of 5.00 feet; thence otherwise noted. S.0028'32"E., a distance of 165.00 feet to the POINT OF BEGINNING. 5, ROW represents Right-af-Way. Contoining 825.00 squore feet or 6. P.O,S. represents Point af Beginning, 0.0189 acres, more or less 7. P.O.C. represents Point of Commencement. 6. O,R. represents Official Records. 9, L.B,E. represents Landscape Buffer Easement. 10. U.E. represents utility Easement. + '1 - 13 ':-0'" . (DATE SIGNED) N NOT VAUD WrtHq.uT.,THE SIGNATURE AND THE I ORGINAL RAISED SEAL 01' A FLORIDA LICENSED ~ I SURVEYOR AND MAPPER. 0 ..50'.. 200 CERTIFlCATE OF AUTHORIZATION LB 1143 GRAPHIC SCALE """"'" NO" 6506 f rARCIJ. NO. , 7 f J - Wit""'~lle'''-~'''- 10F ~.Jr'J 004 -'I!IllIIon'~'--::~_'~co..- f 89 -Mr!lll...... ,..=_":t.',.;.~'=-, _ __ 09/200.J PIlM~60;5-OO5-OOO Sop Ill, 1003 - 13:17;07 "lAM\JRfIX;\SlIR\NIIOI~\8~1IldlOO.dwg ^.. -..,_.~ -~-,,~.__....- FEE SIMPlE h INTEREST :i o . I o q N r-.. n:: I CD ~ I...J ~ q I ~ . n:: <( ::E _ (J o o. ~ ~ LO 0; 0; ~ 0> I Ul (J1- . . ,LO n:: I TRACJ.:.______________________-8 g 0> I U -------------------- . L55 - @ ~ IL.... GOLDEN GATE ESTATES L I UNIT NO. 2 l I P.B. 4, PAGE 75 I I I LINE BEARING I L55 S89' 31 '28 "VI I L56 N89'31'28"E I I I LEGAl DESCRIPTION NOTES: A portion of the North 1/2 of Tract 113 Golden Gate Estates Unit No.2, 1. This is not 0 survey. Plot Book 4, Pages 75 and 76, Collier County, Florida, being more 2. Basis of bearing is the West line of County particularly described os follows: Rood 951 (CR. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. Beginning at the Northeast corner of Tract 113; thence S.00'28'32"E. 3. Subject to easements, reservations and along the East line of Tract 113, 0 restrictions or record. distance of 165,00 feet to its intersection with the South line of 4. Easements shown hereon ore per plot, unless the North 1/2 of Tract 113; thence otherwise noted, S,89' 31'28"W. along said South line, . o distance of 55.00 leet. thence 5. ROW represents RIght-aI-Way. N.OO'28'32"W., 0 distonc: 01 165,00 6. P,O,B. represents Po!nt of Beginning. leet to its intersection with the 7, P.O.C, represents ~o~nt 01 Commencement. North line 01 Tract 113; thence 8, O,R. represents OffiCIal Records. N.89'31'28"L along the North line g, L.B.E, represents ~?ndscape Buffer Easement. of Tract 113, 0 distance 01 55.00 10. U,E. represents Utility Easement. feet to the POINT OF BEGINNING. eo,t""" '.075.00 'q"ro f..t oc A 0.2083 ''''', =" " I.". t N 1 -l 7 -(}J (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE '..- I ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. . .. "" 100 200 CERTIFlCATE OF AUTHORIZATION LB /143 GRAPHIC SCAlE PRClolECT NO" 65061 PAIICQ, NO. , 114 COLUER COUNTY DEPARTMENT M~.MYJ~ _M......_ OF TRANSPORTATION . Agenda Item N 10F i lJ rj fir SKETCH & DESCRIPTION M 25 004 -'~'__''''''''''LMaapo_.~~ ay , ""IIoI~="t;:..... PRClol[CT NO, f 89 -MrlAoo........__.__.,.,,_.___ 09/200:1 N60t5-oo5-OOO s.p la,2003 - 15:11,47 IoIIAl\JREIX:\SUR\NllOl~g51odl00,d"9 TEMP T CONSTRUCTION EASEMENT h (DURATION: 3 YEARS FROM ~ COMMENCEMENT OF CONSTRUCTlr' ~ L117 I ,- I ~ I o ".... I ci r r ~ :::: :::: 0 I ~ ~.;. '\Z ARCEL ~ ~ 714 .0 U I o ~ ~ LJ'") I TRACT ___________ ____ '--' I en .----------CI2.'V------------------- L 11 5 ~ I 5 GOLDEN GATE ESTATES ~ . ~ UNIT NO. 2 '--- P,8. 4, PAGE 75 I I I TRACT I @ I I I I LINE TABLE LINE LENGTH BEARING L113 55.00 SB9'31'28"W LEGAL DESCRIPTION L114 165.00 SOO'2B'32"E A portion of the North 1/2 of Tract L115 5.00 SB9'31'2B"W 113 Golden Gote Estates Unit No.2, L116 165.00 NOO'2B'32"W Plot. Book 4, Pages 7~-76, of the L117 5,00 NB9'31'2B"E .- Pubhc Records of Colher County, Florida, being more porticularly described os follows: NOTES: Commencing at the Northeas~ corner 1. This is not 0 survey, of Tract 113; thence S.89'31 28"W. along the North line of Tract 113, 0 2, Basis of bearing is the West line of County distance of 55.00 feet to :he, PO!NT Rood 951 (C,R. 951) being N 00'2B'32" W, Florida OF BEGINNING; thence S.OO ~B 32 E., 0 Stote Plane Coordinates NAD 83/90, East Zone. distance of 165.00 feet to Its intersection with the South line of the 3. Subject to easements, reservations and North 1/2 of Tract 113; thence restrictions or record. S,89'31'28"W. along said South line, a distance of 5,00 feet; thence 4. Easements shown hereon ore per plat, unless N.00'26'32"W., 0 distance of 165.00 otherwise noted, feet to its intersection with the north line of Tract 113; thence N.B9'31'28"E. 5. ROW represents Right-of-Way. along said North line, 0 distance of 6. P.O,B. represents Point of Beginning. 5.00 feet to the POINT OF BEGINNING, 7. P.O.C. represents Point of Commencement. Containing 825.00 square feet or B. O.R. represents Official Records. 0.0169 acres, more or less. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. ~< ~ iJ' c d. 3 -.~ ), . (DATE SIGNED) N NOT VAUO WITH. OUT THE SIGNATURE AND THE ~_ ORGINAL 'RA~ED SEAL Of' A FLORIDA UCENSED : SURVEYOR AND MAPPER. 0 :zs ~ 100 200 CERTIFICATE OF AUTHORIZATION LB 643 GRAPHIC SCALE _ ..........". NO" 65061 PMC<I. NO. , 714 COWER COUNTY DEPARTMENT i WlI.Miller-'~- OF TRANSPORT AnON 6g~ _........--.---.~_.~~ f'89 .. '1lII~"-=-' __ PIlOJECT NO.' -MrIMo.... ....___._ _.,. _, _ __ 09/200.1 N60I!S-005-DOO ;op Ill. 2003 - 14:17:34 IMMUII[JX:\SUII\N8OI5\I5IIC1I00.dwt ~,._*---"'-"~.."-'-'~" . FEE SIMPlE h I INTEREST I I ~ I GOLDEN GATE ESTATES q ,..... 0:: UNIT NO. 2 :ii -l P.B. 4, PAGE 75 0 4: ci Z 4: '0 u 0 I I TRACT ~ If) ......-- I Ol I --------------~-----------------------~ 112 ~ ~ u co u; N ~ 115 Ol c.n 0 I I I I LINE L57 L58 I I j LEGAl DESCRIPTlON NOTES: A portion of the South 165 feet of Tract 112 Golden Gate Estales Unit No.2, 1- This is nol 0 survey, Pial Book 4, Pages 75-76, Collier County, Florida, being more 2. Basis of bearing is lhe Wesl line of County particularly described os follows: Rood 951 (C.R. 951) being N 00'28'32" W, Florida Beginning at the Southeast comer of Slote Plane Coordinates NAD 83/90, East Zone. Tract 112; thence S,89"31'28"W. along 3. Subject to easements, reservations and the South line of Tract 112, 0 restrictions or record. distance of 55.00 feet; thence N.OO"28'32"W., 0 distance of 165.00 4. Easements shown hereon ore per plot, unless feet to its intersection with the North otherwise noted. line of the South 165 feel of Tract 112; thence N.89' 31'28"E. along said 5. ROW represents Right-of-Way. North line, 0 distance of 55.00 feet to 6, P.O,S, represents Point of Beginning. its intersection with the Easterly line of 7. P,O.C, represents Point of Commencement. Tract 112; thence S.00'28'32"E. along 8. O.R. represents Official Records, the East line of Troct T 12, 0 distonce 9. L.B.E. represents Landscape Buffer Easement. of 165.00 feet to the FoOINT OF TO, U.E. represents Utility Easement, BEGINNING. Containing 9,075.00 square feet or ~ 0.2083 acres, more or less. cf5J~~ DAVID J. ATT, .S.M. (FOR THE FIRM) N FLORIDA UC. NO. 5834 q -17-0 J (DATE SIGNED) NOT VAliD WITHOUT THE SIGNATURE AND THE ~ ' ; ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. D .. 00 100 200 CERTIFICATE OF AUTHORIZATION LB 843 GRAPHIC SCALE :eJECT NO.:: 65061 I'AOCO. .... , 115 COWER COUNTY DEPARTMENT WiI.Miller--~U.- OF TRANSPORTATION A~enda Item N 10F _.~.~".........~-,~~ SKETCH 4& DESCRIPTl May 25,2004 ~h:. PROJECT NO.: of 89 ...FoI....._._.J-,o III,.,~......"....--"-_."'_._-- 09/200J N601$-D05-000 , 1e, 2003 - 13:14,01 llV.lolURE!X:\SUR\NllOl ~\USl od IOO.dwg TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM - COMMENCEMENT OF CONSTRUCTIC. I( I I ~ I ~ r"'o ~ GOLDEN GATE ESTATES ~ -l 0 4: UNIT NO. 2 ci ~ P.B. 4, PAGE 75 '"0 u 0 I - I - 10 I~g_I_____________________________1121___ "'-' Ol .... I ci I ----------~ ~ 10 Ol U ~ 715 U !: !: IV IV 0 IV I TRACT L 119 I I @) I I I LINE TABLE LINE LENGTH BEARING LEGAL DESCRIPTION L118 55.00 SB9'31'28"w A portion of the South 165 of Tract L119 5.00 SB9'31'2B"w 112 Golden Gate Estates Unit No. 2~ L120 165,00 NOO"2B'32"w _. Plot Book 4, Poges 75-7.6, of the L121 5.00 N89'31'28"E Public Records of Collier County, florida, being more particularly L122 165.00 SOO'28'32"E described os follows: Commencing at the Southeast corner NOTES: of Tract 112; thence S.89'31'28"w. 1. This is not a survey. along the South line of Tract 112, a distance of 55,00 feet to the POINT OF BEGINNING; thence continue 2. Basis of bearing is the West line of County S.89'31'28"w. along said line, 0 Road 951 (C.R. 951) being N 00'28'32" W, florida distance of 5.00 feet; thence State Plane Coordinates NAD 83/90, East Zone, N,OO'28'32"w., a distance of 165.00 feet to its intersection with the North 3, Subject to easements, reservations and line of the South 165 feet of Tract restrictions or record. 112; thence N,89'31'2S"E. along said 4. Easements shown. hereon ore per plot, unless North line, 0 distance of 5,00 feet; thence S.00'2B'32"E., 0 distance of otherwise noted, 165.00 feet to the POINT OF 5. ROW represents Right-of-Way. BEGINNING. Containing 825.00 square feet or 6. P.O.B. represents Point of Beginning. 0.0189 acres, mare or less. 7. P.D.C, represents Point of Commencement. 8. O.R. represents Official Records, 9. LB.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. [JuJ I! ~. 4 DAVID J. If.IATT, . ,t.4. (fOR THE fiRM) flORIDA ~C. NO. :i834 q -),3 '"0, (DATE SIGNED) N NOT VAUD WITHOUT THE SIGNATURE AND THE ORGlNAL RAISED SEAL OF A flORIDA UCENSED '..- I I SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 643 0 2S so 100 200 _. GRAPHIC SCALE PROJ(CT NO.: 65061 I"ARCD.. NO. : 715 WiI.Mille,.'^-- _. a--.. a-... ~ 'l.Mldo:opo_. ~c:.r.-. ~,h: .......,........-.-.llo,. 09/zrxu PftOJ[C1' NO.: .....,l.Ioo..........__.__.IlIr_.___ N601S-DOS-DOO Sop II, 2003 - 11:24:48 l/V.lIUREJX;\SUR\NeOl 5\151 odloo.c!wl -- " ----".--.--.-.. - -~...- ~-_._.__.- ~-- --..-.. EXHIBIT~ FEE SIMPLE I Page;2.5 of__ INTEREST I 0 V) I 0 I q q N N I I en en Vol Vol N N ~- rri ~ ~ O'l O'l I I ~ U1 TRACT 0 (:) I I --------------~-----------------------~ L59 ~ 112 GOLDEN GATE ESTATES ~ UNIT NO. 2 ci ,..... ci I P.B. 4, PAGE 75 ~ ..J ci <( ci z <( I '0 u 0 I ~ I ~ II) I '-'" 0> LINE BEARING I ci S89'31'28"W II) L59 Cl U L60 N89'31'28"E l-..J ~ u L-, LEGAL DESCRIPTION NOTES: A portion of the North 165 feet of Tract 112 Golden Gate Estates Unit No.2, 1. This is not 0 survey. Plot Book 4, Pages 75-76, Collier County, Florida, being more 2. Basis of bearing is the West line of County porticularly described os follows; Rood 951 (C.R. 951) being N 00'28'32" W, Plorida Stote Plane Coordinates NAD 83/90, Ecst Lo~e. Beginning at Northeast corner of Tract 3. Subject to easements, reservations and 112; thence S,OO'28'32"E. along the restrictions or record. East line of Tract 112, 0 distance of 165.00 feel to its intersection with the 4, Easements shown hereon ore per plot, unless South line of the North 1/2 of Tract otherwise noted. 112; thence S,89'31'28'"'N. along said South line, a distance of 55.00 feet; 5. ROW represents Right-of-Way. thence N.00'28'32'"'N" 0 distance of 6, P.O,B. represents Point of Beginning. 165.00 feet to its intersection with the 7, P.O.C. represents Point of Commencement. North line of Tract 112; thence 8. O.R. represents Official Records. N,89'31'28-E. along the North line of 9, L.B,E, represents Landscape Buffer Easement. Tract 112, 0 distance of 55,00 feet to 10, U.E. represents Utility Easement. the POINT OF BEGINNING. Containing 9,075.00 square feet or ~ 0,2083 acres, more or less. !2~ 1; Iff (FOR THE nRM) N flORIDA LlC, NO. 5834 q -17 -0 '} (DATE SIGNED) NOT VALlD WITHOlJT THE SIGNATURE AND THE I- I ORGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. 0 25 50 100 200 CERTlnCATE OF AUTHORIZATION LB #43 GRAPHIC SCAlE "M)JECT NO.: 65061 PAJK:U. NO. : 176 Wil.Millei'-'~~- -'~.~......,.,..~_. ~Caldr* IlIorih; to:. PROJECT NO.: ....".,......_.._.- --~'*" .....--.--.,.,,-. --- 09/200:1 N60 '5-00$-(}(}o 1> 18, 2003 - 13;":Oi t.lWlIJR$:\SUR\NGO 1 5\9S I,d 1 OQ,dwg , TRACT TEMPORARY CONSTRUCTION EASEMENT @ (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) L127 ,I. - L 123 I I I ~ t 0 "..... ci ~ ~ ~ ...J N N 0 <: 0:: z m ~ <: "0 u 0 I I ~ 10 ~ en TRACT _______________ ____ .... I I ----------~--------------- L125 10 ~ 112 m u ~ u GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 I TRACT I , @ , \ I LINE TABLE LINE LENGTH BEARING LEGAl DESCRIPTION L123 55.00 S89'31'28"W A portion of the North 165 feet of L124 165.00 SOO'28'32"E Tract' 112 Golden Gate Estates Unit No. L125 5.00 S89' 31'28"W 2, Plat Book 4, Pages 75-76, of th,:, L126 165.00 NOO'28'.32"W Public Records of Collier COU[lty, Flondo, being more particularly described as L127 5.00 N89' 31'28"E ,.- follows: Commencing at the Northeast corner of NOTES: Tract 112; thence S,89'31 '28"W. along the North line of Tract 112, a distance 1- This is not a survey, of 55.00 feet to the POINT OF BEGINNING; thence S.Ocr28'32"E., a 2. Basis of bearing is the West line of County distance of 165.00 feet to its Road 951 (CR. 951) being N 00'28'32" W, Florida intersection with the South line at the State Plane Coordinates NAO 83/90, East Zone. North 165 feet of Tract 112; thence S,89'31'28"W. along said South line, a ), Subject to easements, reservations and distance of 5.00 feet; thence restrictions or record. N.00'28'32"W" a distance of 165,00 feet to its intersection with the North 4, Easements shown hereon are per plat, unless line at Tract 112; thence N.89')l'28"r. otherwise noted. along said North line, a distance at 5.00 feet to the POINT OF BEGINNING. 5, ROW represents Right-at-Way. Containing 825.00 square teet or 6. P.O.B. represents Point of Beginning. 0.0189 acres, more or less. 7, P.O.C. represents Point at Commencement. 8. O.R. represents Official Records. 9. L.B,E. represents Landscape Butfer E,,~ement. 10. U.E. represents Utility Easement. f5~ I~' + DAVID J. t/fATT, ~ (FOR THE FIRM) FlORIDA lIC. NO. 5834 q -J. ':rO J (DATE SIGNED) N NOT VALID WITHOUT THE SIGNATURE AND THE ~ I ORGINAL RAISED SEAL OF A FlORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 0 .. "" 'DO 200 GRAPHIC SCALE PROJECT NO.: 65061 PNtCIl. tfO. : 716 .- Wil.Miller-'~-- 10F 004 -'8VI>OOn .&oiIlIIIIII.____.~_.~a.... f 89 ~hc. PAOJfCT NO.: ......""'....._._.,_ 09/200:1 N601'-005-00D 1IlII"'~Uo.''''__,__,,,,_,___ Sop , v, 2003 - , 1 ;24:41 1MMURE!X:\SUR\Neo, :1\151"" OO.dwg -.- ~-,...~ ~-" ~XHIBITfi I FEE SIMPLE h I ag~) of I I INTEREST I I I I -----,-------- :;: 5TH AVE. N.W. I 0 I r--. 0::: ~ ~ ------------- 0 ci z <{ a u GOLDEN GATE ESTATES 0 I ~ I ......, 10 UNIT NO. 2 0> I I P.B. 4, PAGE 75 10 ~ m U TRACT ci ~ tII U --------------~-------------- 0 q ~ N OJ I ~ N I I rri I I I I LINE BEARING L61 S89'31'28"w L62 N89'31'28"E LEGAL DESCRIPTION NOTES: A portion of the South 150 feet of Tract 111 Golden Gate Estates Unit No, 2, 1, This is not 0 survey. Plot Book 4, Pages 75-76. Collier County, Florida, being more 2. Basis of bearing is the West line of County particularly described os follows: Rood 951 (C.R. 951) being N 00'28'32" W, Florida Beginning at the Southeast corner of State Plane Coordinates NAD 83/90, East Zone. Tract 111; thence S.89'31'28"w. along 3. Subject to easements, reservations and the South line of Tract 111, 0 distance restrictions or record. of 55.00 feet; thence N.00'28'32"w., 0 distance of 150.00 feet to its 4. Easements shown hereon ore. per plat, unless intersection with the North line of the otherwise noted. South 1/2 of Tract 111; thence N.89'31'28"E. along said North line, a 5, ROW represents Right-of-Way, distance of 55.00 feet to its intersection 6, P,O.B. represents Point of Beginning, i with the Easterly line of Tract 111; 7. P.O.C. represents Point of Commencement. I thence S.00'28'32"E. along the East line 8. O,R. represents Official Records. of Troct 111, a distance of 150.00 feet 9. L.B.E. represents Landscape Buffer Easement. to the POINT OF BEGINNING. 10. U.E. represents Utility Easement. Containing 8,250.00 square feet or 0.1894 acres, more or less, ~ W q-17 -O"} (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE .- , I ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, 0 .. 50 100 200 CERTIFICATE OF AUTHOR:ZATION LB 643 GRAPHIC SCALE PROJECT NO.; 65061 PMCD.. NO. : 177 COLUER COUNTY DEPAR11JENT Wil.Millei-'~U.-- OF TRANSPORTATION SKETCH &= DESCRIPTION -.. -..~.....,.... ~--.,.."...-..,..... IIIaMor, no PROJECT NO.: .,...I\rf....._._.r.,. -.....u.o..........__.__.,._.__ 09/2OG:J N6015-oo5-ooo ;.p 1 e. 2003 - '3:28:27 "'l.AWU~\SUR\Nea, ~851od'OO.dw8 i I I I I I ___1________ - - - 5TH AVt, N,W, ~ I I - -------------- 3i 0 ,--.... Ii GOLDEN GATE ESTATES ~ I .-l I 0 <: UNIT NO. 2 Ii z I I <: P.B. 4, PAGE 75 0 u 0 ~ ~ If) TRACT _______________1-13.L__ '-' O'l ~ ~ ----------c:r~1:5------------~ If) O'l U 0:: I ~ 717 r r ~ TEMPORARY c::: c::: CONSTRucTION EASEMENl 0 IV (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTP. J;~' I I TRACT t I @ I LINE TABLE LINE LENGTH BEARING LEGAl DESCRIPTION L128 55.00 S89'31'28"W A portion of the South 150 feet of Tract 111 Golden Gate Estates Unit No.2, Plot Book 4. L129 5.00 S89'31'28"W Pages 75-76. of the Public RecorQs 01 Collier 1130 150.00 NOO'28'32"W County, Florida, being more particularly 1131 5.00 N89'31'28"E described os follows: 1132 150.00 S00'28'32"E ,,_., Commencing at the Southeast comer 01 Tract 111; thence S.89'31'2B"w. along the South line NOTES: of Tract 111. 0 distance 01 55,00 leet to the POINT OF BEGINNING; thence continue 1. This is not a survey. S,B9'31'28"w. along said line, a distance of 5,00 leet; thence N,OO'2B'32"W.. a distance of 2. Basis of bearing is the West line of County 150.00 leet to its intersection with the North Road 951 (C,R. 951) being N 00'2B'32" W, Florida line 01 the South 150 leet of Tract 111; State Plane Coordinates NAD 83/90, East Zone. thence N.B9'31'28"E. along said North line, 0 distance 01 5,00 feet; thence S.00'28'32"E,. 0 3, Subject to easements. reservations and distance of 150,00 leet to the POINT OF restrictions or record. BEGINNING. Containing 750.00 square leet or 0.0172 4, Easements shown hereon ore per p'ot, unless acres. more or less. otherwise noted. 5, ROW represents Right-aI-Way. 6. P.O.B, represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. 0, R. represents Official Records. 9. L.B,E, represents Landscape Buffer Easement. 10, U.E. represents Utility Easement. M . + q -)3 -0] (DATE SIGNED) N NOT VAUD WITHOUT THE SIGNATURE AND THE .. I I ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND IAAPPER. CERTIFICATE OF AUTHORIZATION LB /143 Q .. 50 100 200 GRAPHIC SCALE PROJt'CT NO.: 65061 PARCn, NO. : 717 -, Wil.Miller.'~U.- -'e--.'~'___,,,,,,,,,,,_,~~ .......... ,.. PROJECT NO.: -....,'-.......=~-~.::-._-- 09/200:1 N6075-005-000 Sop 11/. 2003 - 11:2~:4' lIl.'lMUREIX:\S\JR\HIO 1 ~\8~lod1 OO.1IwI1 -"-~.....- --"" _.~-,_. '":XHISIT ~ i FEE SIMPLE h I age.Jj, of~ I INTEREST I I I I I I GOLDEN GATE ESTATES I ~ I q I UNIT NO, 2 --- I I I 0:: I P,B. 4, PAGE 75 ~ I ~ I 0 I ci I -<( I "0 U I I 0 - I '-" I ll) I _ _ _ _ ":'-J_ _ _ _ _ _ _ 01 5TH AVE. N.W. - I LJ ll) (fJ 01 0 ----------- q ~ N U Ol {.,.j U N ri I I ~ I I Ol 0 0 ______________18~GI___________ 0 @ L63 I I I I LINE BEARING I I L63 S89'31 '28"W L54 N89'31 '28"E .~. LEGAL DESCRIPTION NOTES: A portion of the North 180 feet of Tract 111 Golden Gate Estates Unit No, 2, 1- This is not 0 survey, Plot Book 4, Pages 75-75, Basis of bearing is the West line of County Collier County, Florida, being more 2. particularly described os follows: Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAO 83/90, Eost Zone, Beginning at the Northeast corner of 3. Subject to easements, reservations and Tract 111; thence S.00'28'32"E. along restrictions or record. the Eost line of Tract ",, 0 distance of 180.00 feet to its intersection with 4. Easements shown hereon ore per plot, unless the South line of the North 1/2 of otherwise noted, Tract 111; thence S.89'31 '28"W, along said South line, 0 distance of 55.00 5. ROW represents Right-of-Way, ; feet; thence N,OO'28'32"W., 0 distance 5, P.O.B. represents Point of Beginning, of 180.00 feet to its intersection with 7, P.O.C. represents Point of Commencement. the North line of Tract 111; thence 8. O.R. represents Official Records, N.89'31'28"E. orang the North line of 9, L.B.E. represents Landscape Buffer Easement. Tract 111. 0 distance of 55.00 feet 10. U,E. represents Utility Easement. to the POINT OF BEGINNING. Containing 9,900.00 square feet or ~ 0,2273 acres, more or Jess. I I N lf -/7 -O~ (DATE SIGNED) NOT VAUD WITHOUT THE SIGNATURE AND THE v' I ORGINAl RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 200 CERTIFICATE OF AUTHORIZATION La #43 ~Ecr NO..: 6506 t P....1CQ. 1<<). : 118 COLLIER COUNTY DEPARTMENT Wil.Miller-'~U.- OF TRANSPORTATION 10F 004 _.~ .-..........,...~_.~~ f 89 1lIIcnlIor, tlt. .....,.,,... . _ . _.7_ PAO.I(CT /0100 ...,Lft......___.__.,._.___ 09/2003 N601~-005-000 tp II, 2003 - 13:.lO:32 lllAIIURElX:\SVR\N801 S\iSl odl DO.dwv EXH'BI.T~ i 60" RIGHT-OF-WAY I I I I l?8QE3.Q..-of...&i -'5TH AV~ N.W. (fJ I t-l ~ I L13~ ON - . CO o . - - - - - - - - - - ;-Ji - L133 Ot-l -N rri r:: ~ I t-l I ~ 3i q TRACT ____________ ____ 0 a:: 3; ----------~~-rs------------------ L135 q .J 111 <( a:: z I I <( u GOLDEN GATE ESTATES '0 I I 0 ~ ~ ll) UNIT NO. 2 '-" 0) P.B. 4, PAGE 75 ~ ll) a:: 0) <.5 ci ~ U I TRACT TEMPORARY L-..I CONSTRUCTION EASEMEN' I @ (DURATION: 3 YEARS FRO\ COMMENCEMENT OF CONSTP' - LINE TABLE LINE LENGTH BEARING L 133 55.00 S89'31'28"w U34 150.00 SOO'2B'32"E LEGAL DESCRIPTION U35 5.00 S89'31'2B"w A portion of the north 1 BO f~et of Tro.::t 111 U36 150,00 NOO'2B'32"w Golden Gate Estates Unit No.2, Plot Book 4, L137 5.00 NB9'3,'2B't: - pages 75-76, of the Public Records of Collier County, Florida, being more particularly described os follows: NOTES: Commencing at the Northeast corner of Tract 1. This is not 0 survey. 111; thence S.00'28'32"E. along the East line of Tract 111 0 distance of 30.00 feet to its 2. Basis of bearing is the West line of County intersection with the South line of the 5TH Rood 951 (C.R. 951) being N 00'28'32" W, Florida AVE. N.W, right-of-way easement; thence S.89'31'2B"W. along said South line, 0 distance State Plane Coordinates NAD 83/90, East Zone, of 55.00 feet to the POINT OF BEGINNING; 3. Subject to eosements, reservations and thence S,OO'2B'32"E.. 0 distance of 150.00 restrictions or record. feet to its intersection with the South line of the North 180 feet of Tract 111; thence 4, Easements shown hereon ore per plot, unless . S.B9'31'2B"W. along said South line. 0 distance otherwise noted. of 5.00 feet; thence N,00"2B'32"W.. 0 distance of 150.00 feet to its intersection with the 5. ROW represents Right-at-Way. South line of the 5TH AVE. N.W, right-of-way 6. P ,O.B. represents Point of Beginning. easement; thence N.B9'31'28"E. along said 7. P.O.C. represents Point of Commencement. South line. 0 distance of 5.00 feet to the 8. O,R. represents OffICial Records. POINT OF BEGINNING. 9. LB,E. represents Landscape Buffer Easement. Containing 750.00 square feet or 0.0172 , O. U.E. represents Utility Easement. acres, more or less. DAVID J. A .S.M. (FOR THE FIRM) ~ FLORIOA L1C. NO. 5834 q -';13 -0) (DATE SIGNED) N NOT VALID WITHOUT/HE SIGNATURE AND THE .- I I ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFlCATE OF AUTHORIZATION LB 143 0 25 00 100 200 GRAPHIC SCALE PItOJ[CT NO.: 65061 PNICQ. NO. : 718 cOLLlm COUNTY DEPARTMENT - WiI.Millel..~U.- OF TRANSPORTATION 10F SKETCH d: DESCRIPTION 004 _.---.-....-- ...---.~""*'- f 89 MIIcnAIk; he .... .11II..... _. _._ 09/ZOOJ PJil'OJ[CT NO_: .....,Lolo...... ....__.__.,.._.__ N6015-00s-000 Sop 22. 200:5 - 1l::51dl1 lIWIURElX;\SUR\HlOl ~'~I""I OO.dwv -,---.-- --"'- ?age.$L of-ID.. FEE SIMPLE INTEREST I I LB7 :, I ------------------.----------------- TRACT I GOLDEN GATE ESTATES I I r @ I UNIT NO. 2 I)) ~ I en I P.B. 4, PAGE 75 0 I LB ,....... ci I ~ I ...J I ~ 4: I (J) 0:: Z I I 0 I 4: I q a u I I I I Z tv 0 ... TRACT I 0 I)) ~ III Gi ~ Ol I q @ I tv tv ci I I)) rri III I Gi Ol U I I tv ~ 0:: ~ I ~ U I I 0 I (J1 L...I I I 0 I q, I I I I 1 I I I I I -----,------- 5TH AVE. N.W. I I ------------ LINE TABLE LINE LENGTH BEARING L65 60.00 S89'31'28"w I I L85 10,00 N89'31'28"E L86 75,00 NOO'28' 32 "w L87 50,00 N89'31'28"E LEGAL DESCRIPTION A portion of the East 1/2 of .Tract 110 together with a portion of the South 75 feet of Tract 109 Golden Gate Estates Unit No.2, Plat Book 4, Page 75-76, of NOTES: the Public Records of Collier County, Florida, being more particularly described 1. This is not a survey. os follows: 2. Basis of bearing is the West line of County Beginning at Southeast corner of Tract Rood 951 (C,R. 951) being N 00'28'32" W, Florida 110; thence S.89'31'28"w. along the State Plane Coordinates NAD 83/90, East Zone. South line of Tract 110, a distance of 60,00 feet; thence N,OO'28'32"w., a 3. Subject to easements, reservations and distance of 330,00 feet to its restrictions or record, intersection with the North line of Tract 110; thence N.89'31'28"E. along said 4. Easements shown hereon are per plot, unless North line, 0 distance of 10.00 feet; otherwise noted. thence N,OO'2B'32"w" a distance of 75,00 feet to its intersection with the 5. ROW represents Right-of-Way, North line of the South 75 feet of Tract 6. P.O,B. represents Point of Beginning, 109; thence N,89'31'2B"E. along said 7. P.O,C. represents Point of Commencement. North line, 0 distance of 50.00 feet to 8. O.R, represents Official Records. its intersection with the Easterly line of 9, L.B.E, represents Landscape Buffer Easement. Tract 109; thence S.00'28'32"E. along the 10. U.E. represents Utility Easement. Eost line of Tract 109 and Tract 110, 0 distance of 405,00 feet to the POINT OF 4 BEGINNING, Containing 23.550.00 square feet or 0.5406 acres, more or less. N .,. (DATE SIGNED) -, ~- ; NOT VALID WITHOUT. tHE SIGNATURE AND THE ORGINAl RAISED sEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. D 20 "" 'DC) 20D CERTIFICATE OF AUTHORIZATION LB 143 GRAPHIC SCALE PROJECT NO.: 65061 PARCO. Me. : 119 Wil.Millei.'~U.- 10F 004 i _.~, ~..,..,... .........._. ~c.n..t.. f 89 ~,hc; PROJ[CT NO.: _''''''ljon._._.r_ -MrUO'..... '~-_'__.",.-n. ___ 09/2OOJ N60/5-005-000 ;op 17, 2003 - 08:31:00 IoIWolURE!X:\SUR\N6015\95 hd1 CO.dw; I I TRACT _____________________________ I I -------------,--- SXHIBIT~ ! I I .- 'age..sL.. of! L 142 I I I GOLDEN GATE ESTATES I I I I UNIT NO. 2 I I{ I I P,B, 4, PAGE 75 I ~ I ?i I @----: I q I 719 TRACT I ,...... . I}: I r r ?i ~ ~ @ 1 -j>. VJ ci ~ I ~ to ci z I I I I <{ I '0 0 I I I I 0 ...- I ...- to '-" en I I ...- I to 0::: I Ol u \ 60' RIGHT -OF -WAY EASEME:J n:: I ~ ------,----- L140 0 I 5TH AVE, N,W, - - - - - - - - -Jl-- TRACT ~ @ LINE TABLE LEGAL DESCRIPTION LINE LENGTH BEARING A portion of Troct 110 Golden Gote Estates 1138 60.00 S89'.31'28"\'/ Unit No, 2, Plat Book 4, Poge 75, Public 1139 300,00 SOO'28'32"E Records of Collier County, Florido, being more 1140 5,00 S89'31'28"\'/ particularly described os follows: 1141 300.00 NOO'28'.32"W - Commencing ot The Northeost comer of Tract L142 5,00 N89'31'28"E 110; thence S,89'31'28"W, olong the North line of Tract 110, 0 distance of 60.00 feet to the NOTES: POINT OF BEGINNING; thence S.00'28'32"E., a distance of 300.00 feet to its intersection with 1. This is not a survey. the Narth line of the 5th AVE. N.W. right-of-way easement; thence S,89'31 '28"\'/. 2. Basis of bearing is the West line OT County along said North line, a distance of 5,00 feet; Raad 951 (C,R. 951) being N 00'28'32" W, Florida thence N,OO'28'32"W., a distonce of .300,00 State Plane Coordinates NAD 83/90. East Zone. feet to its intersection with the North line of Troct 110; thence N.89'31'28"E. along said 3, Subject to easements, reservotions ond North line, a distance of 5.00 feet to the restrictions or record. POINT OF BEGINNING. Containing 1,500,00 square feet or 0.0344 4. Easements shown hereon ore per plat, unless ccres, more or less. otherwise nated, 5, ROW represents Right-of-Way. 6. P,O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. TEMPORARY 8. O.R. represents Official Records. CONSTRUCTION EASEMENT 9. L.B,E. represents Landscape Buffer Easement. (DURATION: 3 YEARS FROM 10, U.E, represents Utility Easement. OOMMENCEMENTOFCONSTRUCnoN) ~ ~ - :J. J -0 J (DATE SIGNED) 3M NOT VAUD WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED 'J- I SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 114.3 . 2. .. ,.. 200 GRAPHIC SCALE PftOJECT NO.: 65061 ~MC[l NO. : 719 COWER COUNTY DEPARTMENT - Wil.Mille"-'~-- OF TRANSPORTATION -'~'&oIIiJIIIofII'~'UnalcoIpo_'~~ ~,ho. .....,.,,....._._.r... 09/200J "RO.J(CT NO.: .._~No..___.__.,._,___ N607$-OO$-OOO lop 22, = - 11:30::10 IlWolUREjX:\SUR\NOOl 5\95 loci' oo.dwg ---" ._-,,- - - Jge~ of...IBe-CTgrJ I I TEMPORARY h @ CONSTRUCTION EASEMENT (OURA11ON: 3 YEARS FROM COMMENCEMENT OF CONSTRUC- r-... I c! I oc ~ I -l I ~ <( 0:: Z <( a u GOLDEN GATE ESTATES 0 ~ UNIT NO, 2 ... LJ') '-" Ol TRACT P,B. 4, PAGE 75 ... I I to oc Ol u I @ ri , ----------------------------------------------------- ~ ~ --------------------,------------- I I I I I I c: c: I ~ I I U1 I , L144 I I TRACT I .1 r I I @ I I I LINE TABLE LINE LENGTH BEARING L143 50.00 S89..31'2B'W L144 5.00 S89'31 '2B"W L145 75.00 NOO'28'32"W LEGAl DESCRIPTION L146 5.00 N89'3"2B"E A portion of the South 75 feet of Tract 1 09 L147 75.00 SOO'2B'32"E Golden Gate Estates Unit No.2, Plot Book 4, Page 75, of the Public Records of Collier NOTES: County, Florida, being more particularly described os follows: 1, This is not a survey, Commencing at the Southeast corner of Tract 2. Basis of bearing is the West line of County 109; thence S,89'31'28'W. along the South line of Tract 109, a distance of 50.00 feet to the Rood 951 (C.R. 951) being N 00'28'32" W, Florida PCINT OF BEGINNING; thence continue State Plane Coordinates NAD 83/90, East Zone. S.89'31'28"W. along said line, a distance of Subject to easements, reservations and 5.00 feet; thence N.00'28'32"W" a distance of 3, 75,00 feet to its intersection with the North restrictions or record, line of the South 75 feet of Tract 1 09; 4. Easements shown hereon are per plot, unless thence N,89'31'28"E. along said North line. 0 distance of 5.00 feet; thence S,00'2B'32"E., 0 otherwise noted. distance of 75.00 feet to the POINT OF 5, ROW represents Right-of-Way, BEGINNING. Containing 375.00 square feet or 0.0086 6. P,O.B, represents Paint of Beginning. ceres. more or less. 7, P.O,C. represents Point of Commencement. B. O.R. represents Official Records. 9, L.B.E. represents Landscape Buffer Ecsement. 10. U,E. represents Utility Easement. 4 (DATE SIGNED) N NOT VAlJO WITHOUT THE SIGNATURE AND THE ORGINAl RAlS.EQ SEAL OF A FLORIDA LICENSED ~- I SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 0 25 ~ '00 200 GRAPHIC SCALE ~E:cr NO.: 65061 PAROO. NO. : 719A Wil.Miller-'~UO~ I -,"-,~ ,-.-, ,~-, ~'"""** -.-; he PROJECT NO.: .... ./irI.... ,_ . _, r.,. -1060'-"11II'___'__'''_'___ 09/200J N6015-005-000 'P 22. 2003 - 11:.]e~ Ioll.AlolURE/X:\SUR\NII015\V51Idl00.dwg EXHIBIT page-5.1 of ADEN GATE ESTATES h UNIT NO. 2 ..- P.B. 4, PAGE 75 ~ I I ci ,..... I ~ I FEE SIMPlE 3i INTEREST ci ~ 0:: <{ '0 u 0 ..- .- 10 TRACT ~ '-" I 01 I. ..- 0:: @ 10 I I 01 U ------------------------------------- 0:: ~ U r r LJ --.J -...J tv .po -------------------r------ L71 I I I I I I I I I I I I I I I I I I I I I LINE TABLE I I LINE LENGTH BEARING L71 50.00 S89'31'28"W L72 75.00 N00"28'32"W L73 50.00 N89' 3 1 '28"E L74 75.00 SOO'28'32"E LEGAl DESCRIPTION ,~- A portion of the North 75 fe'et of the South 150 feet of Tract 109 Golden Gate Estates Unit No.2, Plat NOTES: Book 4, Page 75, of the Public Records of Collier County, Florida, 1. This Is not a survey. being more particularly described as follows: 2, Basis of bearing is the West line of County Commencing at the Northeast corner Rood 951 (C.R. 951) being N 00'28'32" W, Florida of Tract 109; thence S,OO'28'32"E. State Plane Coordinates NAn 83/90, East Zone. along the Easterly line of Tract 109, 3. Subject to easements, reservations and o distance of 180,00 feet to the Northeast corner of the South 150 restrictions or record. feet of Tract 109 and the POINT OF BEGINNING; thence S,OO'28'32"E. along 4, Easements shown hereon are per plot, unless the East line of Tract 109, a otherwise noted, distance of 75.00 feet to its intersection with the South line of 5. ROW represents Right -of - Way. the North 75 feet of the South 150 6, P.O.B. represents Point of Beginning. feet of Tract 109; thence 7. P.O.C. represents Point of Commencement. S.89'31'28"W. along said South line 0 8. O,R. represents Official Records. distance of 50.00 feet; thence 9. L.B.E. represents Landscape Buffer Easement. N,OO'28'32"W., a distance of 75,00 10. U.E. represents Utility Easement. feet to its intersection with the North line of the South 150 feet of Tract ~ 109; thence N.89'31'28"E. along said North line, a distance of 50.00 feet to the POINT OF BEGINNING. Containing 3,750.00 square feet or 0.0861 acres, more or less. q-17~O.J 3M (DATE SIGNED) NOT.VALlD WITHOUT .THE SIGNATURE AND THE ~ I ' I ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 0 o. "" 100 20D CERTIFICATE OF AUTHORIZATION LB #43 GRAPHIC SCALE - PAOJ[CT NO..:. 65061 PARCO. NO. : 121 Wil.Millel.'~U.- 10F _.s.,...,'~ .....,....~_.~~ 004 ~hc f 89 _..,~Ut.. ._=.:.r~~'=.o. ___ pROJtCT NO.: 09/2OOJ N60I~-OO~ 000 Sop 17. 2003 - DII'.Jl:ilO lllJlMUREIX:\SUR\HDO 15\151 odl OD.dwl - n'_"__ ._..~'_...- ..",._~-~ -.-" I I TEMPORARY h CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCnON) r-. I q I :i 0:: I ..J I ci <( ~ Z <( .0 u GOLDEN GATE ESTATES 0 ~ UNIT NO. 2 ~ ll'l '-' en TRACT P.B. 4, PAGE 75 ~ I '(i I ll'l ~ L152 en U I I ~ ~ ------------------------------------------------ --- LI r r ~ ~ l1' --------------------.------------------------- I I I I I I I I I I I I I TRACT I I I I I @ I I I LINE TABLE LINE LENGTH BEARING l148 75,00 NOO'28' 32 "W LEGAL DESCRIPTION l149 50.00 S89'31'Z8"W A portion of the North 75 feet at the. South l150 5,00 S89'31 'Z8"W 150 feet of Tract 1 09 Golden Gate Estoles 1151 75,00 NOO'28'32"W Unit No, 2, Plot Book 4, Pa'ge 75-76, of the 1152 5.00 N89"J1'28"E Public Records of Collier County, Florida, being 115J 75.00 SOO'28'32"E more particularly described os follows: Commencing at the Southeast corner of Tract NOTES: 109; thence N.00"28'32"W, along the East line 1. This is not 0 survey. of Tract 1 09, 0 distance of 75.00 feet; thence S.89'31'2B"W. along the South line of the 2. Basis of bearing is the West line of County North 75 feet of the South 150 teet of Tract 1 09, 0 distance of 50.00 feet to the POINT Road 951 (C.R. 951) being N 00'28'32" W, Florida OF BEGINNING; thence continue S.B9'Jl'28"W. State Plane Coordinates NAD 8J/90, East Zone. along said line, a distance of 5,00 feet; 3. Subject to easements, reservations and thence N.OO'28'32"W., a distance of 75.00 feet to its intersection with the North line of the restrictions or record. South 150 feet of Tract 109; thence 4. Easements shown hereon are per plot, unless N.89" J 1 '28"E. along said North line, a distance of 5.00 feet; thence S,OO'28'J2"E.. 0 distance otherwise noted. of 75.00 feet to the PO;NT OF BEGINNING. 5. ROW represents Right-of-Way. Containing 375.00 square feet or 0,0086 6. P,O,B. represents Point of Beginning, acres, more or less. 7. P.O,C. represents Point of Commencement. B, O.R. represents Official Records, 9. LB,E. represents Landscape Buffer Easement. , O. U.E. represents Utility Easement. ; + c, -J.3-0) (DATE SIGNED) N NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED .... I SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 0 .. '"' 100 200 GRAPHIC SCAlE PJIOJECT NO.: 65061 PARCU He. : 721 COLLIER COUNTY DEPARTMENT WilS9nMilleiM.^U.- OF TRANSPORT AnON 10F SKETCH &: DESCRIPnON 004 _.~"......."----.~~.~-=-- f 89 ~hc ..... ...,.... . _ . _" T.,. PROJECT NO.: .....,""'.........--.-_.For_.___ 09/Z00J N60 '5-005-000 ~ 22. 2003 - 11 :.J8:58 1II.Al.IURf\l(;\SUR\N801S\9S1od100.dwll -:XHIBIT A . 9~LDEN GATE ESTATES h I _ ,;,age~ of..1l::L UNIT NO. 2 P.B. 4, PAGE 75 :i I I . , 0 ---:- I Ii I ~ ...J o ct: . Z 0::: ct: . () o o ~ .... 10 TRACT Cll Cll:: I ~ I ~ 0010 10::: I ~ 0 001 cJ ---------------------------------------------~ L98 ~ ~ ~ -------------------r----------------------~-------- I I \ I I \ \ I I I I I I FEE SIMPlE I I \ INTEREST I I LINE BEARING ,_ LEGAL DESCRIPTION L98 SB9'31'2B"W A portion of the North 180 feet of L99 NB9'31, 8"E Tract 109 Golden Gate Estates Unit No.2, Plot Book 4, Pages 75-76, of NOTES: the Public record. of Collier County, Florida, being more particularly 1. Thi. is not a survey. described as follows: 2. Bo.i. of bearing is the West line of County Beginning ot the Northeast corner of Rood 951 (C,R. 951) being N 00'28'32" W, Florida Tract 109; thence S.00'28'32"[' along State Plane Coordinates NAO 83/90, Ea.t Zone. the East line of Tract 109, 0 distance of 180.00 feet to its inter.ection with 3, Subject to easements, reservations and the North line of the South 150 feet restrictions or record. of Tract 109; thence S.89'31'28"W. along said South line, 0 distance of 4. Easements shown hereon ore per plot, unles. 55,00 feet; thence N.00'28'32"W., 0 otherwise noted, distance of 180.00 feet to its intersection with the North line of 5. ROW represents Right-of-Way, Tract 109; thence N.89'31'28"E. along 6. P.Q,B. represents Po!nt of Beginning. said North line, a distance of 55.00 7, P.O.C. represents POint of Cqmmencement. feet to the POINT OF BEGINNING. 8. O.R. represents Official Records. Containing 9900.00 square feet or 9. L.B.E. represents Landscape Bufter Easement. 0.2273 acre~, more or less. 10. U.E. represents Utility Easement. + 3M q -) )'0; (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE '.- I ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 0 211 OIl 100 ;lOO _ CERTIFICATE OF AUTHORIZATION LB 1/43 GRAPHIC SCALE PAOJt'CI' NO" 65061 PAllCIl. NO. : 122 COLUER COUNTY DEPARTMENT Wilf''''-Mille,''''''''- OF TRANSPORTATION 10F ~.j 004 _.a-.'-'-'~~-'>>--,-'- f 89 .......Fof....._._.~ I'IlOJECT NO,: lIII..,t.lo..... .....__...... _.",...,....... __ 09/2003 N6015-005-000 S., Ill, 2003 - lD:1K;Oe loIVMURE1X:\SUR\Neol~\"lodl00,dw<j ----.- --- TRACT I I I ~ GOLDEN GATE ESTATES P.O,B. I 1 08 UNIT NO. 2 I EXHIBIT P.B. 4, PAGE 75 L 158 P8~ 31 ot:8i:L "\ I I I I ~ h TRACT @--- r:- I ~ I ----------s:[~~-------------------:~~-------L156--- ~ I ~ I - u o o ~ ~ II) ........ m ~ I I --------------------,-------------------------------- II) oc [ LJy TRACT : I I I ! @I I I LINE TABLE LINE LENGTH BEARING LEGAL DESCRIPTION . , A portion of the North 1 BO feet of Tract 109 L 154 55.00 SB9 .31 ,28,,!, Golden Gate Estates Unit No.2, Plot Bdok 4, L 155 180.00 SOO 2B 32 E Poge 75, of the Public Records of Collier 1156 5.00 S89'31'28"W County, Florida, being more particularly L 157 1 BO.OO N00"28'32"W described os follows: L 158 5.00 N89'31 '28"E Commencing at the Northeast corner of Tract NOTES: 109; thence S,B9'3,'28"W, along the North line of Tract 1 09, 0 distance of 55,00 feet to the 1. This is not 0 survey. POINT OF BEGINNING; thence S.00'28'32"E., 0 distance of 180,00 feet to its intersection with 2. Basis of beoring is the West line of County the South line of the North 180 feet of Tract Rood 951 (C.R. 951) being N 00'28'32" W. Florida 109; thence S,89'Jl'2B"W, 010n9 soid South State Plane Coordinates NAD 83/90, East Zone. line, 0 distance of 5.00 feet; thence N.00"2B'32"W.. 0 distonce of lBO.OO feet to 3, Subject to easements, reservations and its intersection with the North line of Tract restrictions or record. 109; thence N.89'J l'28"E. along said North line, 0 distance of 5,00 feet to the POINT OF 4, Easements shown hereon or.. per plot, unless BEGINNING. otherwise noted. Containing 900.00 square feet or 0,0207 acres, more or less. 5. ROW represents Right-of-Way. 6, P,Q.B. represents Point of Beginning. 7. P.O,C. represents Point of Commencement. 8. O,R. represents Official Records. TEMPORARY MEHT 9. L.B,E. represents Landscape Buffer Easement, CONSTRUCTION EASEl 10. U.E, represents Utility Easement. (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) .0.". (eo, '"' "'oj A 5834 't tj-J-3CD} . (DATE SIGNED) N NOT VAUD WITHOUT THE SIGNATURE AND THE ~ ORGINAL RAISED SEAL OF A FLORIDA LICENSED _ I SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION La #43 0 25" 100 200 GRAPHIC SCAlE PIlOJECT NO" 65061 PARQ1 NO., 722 COWER COUNTY DEPARTMENT · · -.........- OF TRANSPORTATION Wi_Miller Sl<ITCH .. DESCRIPTION _.~.e......,....... .~_ .~"'- ItIImlar; h:. ......./;oj......- '_.r... PROJECT NO., -....,L..,...D.......___.__.",~.___ 09/2OOJ N6015-005-000 ;.p 19, 200J - 14:08:11 1IWoIURElX:\SUR\HII015\951ldl00.dwg -, I I ~ I - FEE SIMPlE :i d INTEREST --- Ii ~ -l I 0 I 4( Ii 5 I I '0 0 I ..- I ..- 10 .......,. 0> ..... Ii 10 GOLDEN GATE ESTATES 0> U UNIT NO. 2 Ii I ~ P.B. 4, PAGE 75 ~ TRACT L36 V) --------------~ 0 0 N OJ I I c.,; I I , N t.I rri OJ ~ L37 I I I I LEGAL DESCRIPTION ,- A portion of the South 1/2' of Tract lOB Golden Gate Estates Unit NO.2. Plat Book 4, Page 75-76, of the Public Records of NOTES: Collier County, Florida, being more particularly desdcribed os follows: 1. This is not a survey. Beginning at the Southeast corner of Tract 2. Basis of bearing is the West line of County 108; Thence S.B9'31'2B"W. along the South Road 951 (C,R. 951) being N 00'2B'32" W, Florida line of said Tract 108. a distance of 55.00 State Plane Coordinates NAD 83/90, East Zone. feet; Thence N,OO'28'32"W., a distance of 165.00 feet to its intersection with the 3. Subject to easements, reservations and North line of the South 1 /2 of said Tract restrictions or record. lOB; Thence N.89'31'2B"E. along said North line, 4. Easements shown hereon are per plot, unless a distance of 55.00 feet to it's intersection otherwise noted. with the Easterly line of Tract 108; Thence S,OO'28'32"E, along the East line of 5. ROW represents Rjght-of-Way. said Tract 108, a distance of 165.00 feet 6, P.O.B. represents Point of Beginning, to the POINT OF BEGINNING. 7. P.O.C. represents Point of Commencement. Containing 9,075.00 square feet or 0,2083 B. O.R. represents Official Records. acres, more or less, 9. LB.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. LINE TABLE 4 LINE LENGTH BEARING U6 55.00 N89'31'28"E L37 55,00 S 9'31'28"W UB 165,00 N 0'2B'3 "W N 9-/7-03 (DATE SIGNED) NOT VALID WITHOUT li-lE SIGNATURE AND THE ~ ' I ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 0 :is 50 100 200 CERTIFlCATE OF AUTHORIZATION LB #43 GRAPHIC SCALE - PROJECT HO.: 65061 PNICQ. NO. : 123 COLVER COUNTY DEPARTMENT Wil.Miller.'~- OF TRANSPORTAnON Agenda Item No 10F SKETCH & DESCRIPnON May 25, 004 -'~'--'~'I.oIlllIapo_.~-.. MocIMIr; tic pllOJECl NO" f 89 ....""'~._._.... ..................--.--."'-.--- 09/200J N6015-0Q5-000 ~'._'--'- --- "-,,-- ,-'"'- I I ~ I I 3: 0 .--.. ~ --l q <( e:: z GOLDEN GATE ESTATES <( "0 I u I UNIT NO. 2 0 ~ I P,B. 4, PAGE 75 ~ I l!) ........, en ~ ~ l!) TRACT L162___ en u ----------<:f08~-----------------~----: - e:: ~I u 723 ~ !::: r I TEMPORARY ~ CONSTRUCTION EASEMENT en 01 ~ (,oj (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) L159 I L160 I P.O.B. t I TRACT I @ LINE TABLE LINE LENGTH BEARING L159 55.00 S89'31'2.8"w L160 5,00 ",';!:f 31'2.8"w L161 165.00 NOO'28'32"W L162. 5,00 N89'31'28~E LEGAL DESCRIPTION Ll63 165,00 SOO'28'32."E A portion of the South' 1/2 of Tract 108 Golden Gate Estates Unit No. 2., Plot Book 4, NOTES: Pages 75-76, of the Public Records of Collier County, Florida, being more particularly 1. This is not 0 survey. described os follows: Commencing at the Southeast corner of Tract 2, Basis of bearing is the West line of County 108; thence S.89'31'2B"W, along the South line Rood 951 (C.R, 951) being N 00"'2.B'32" W. Florida or Tract 108, 0 distance of 55.00 feet to the State Plane Coordinates NAO 83/90, East Zone. POINT OF BEGINNING; thence continue 3. Subject to easements, reservations and S.89'31'28"W, along said line, 0 distance of 5.00 feet; thence N.00'28'32"W., 0 distance of restrictions or record. 165,00 reet to its intersection with the North 4. Easements showtl hereon ore per plot, unless line of the South 1/2 of Tract 108; thence otherwise noted. . N.89'31'28"E. along said North line, 0 distance of 5,00 feet; thence S.00"'28'32"E., 0 distance 5. ROW represents Right-of-Way. of 1 65.00 feet to the POINT OF BEGINNING. 6. P.O.B. represents Point of Beginning. Containing 825.00 square feet or 0.0189 7. P.O.C. represents Point of Commencement. acres. more or less. 8, O.R. represents Official Records. 9. LB,E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. + l} -;L]-D3 (DATE SIGNED) 3M NOT VAuD WITHout THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED ~- I I SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1/43 0 2. "" 100 200 GRAPHIC SCALE PRClJECT NO.: 65061 PARCD.. NO. : 72J Wi"Millei'.'~~- 10F 004 1'Inwt. &.,0-.. ~. ____. ~_. "---""'-- f89 ~hc ...../lII....._._.~ 09/200J PRWEcT NO.: aa.....IMo.... .___.__.,.._.___ N6015-005-OOO .p 22. 2003 - 11 :35:58 1IWlUR[!X:\SUR\NS015\851 od IOO.dwg EXHIBIT~ FEE SIMPLE I I Page.H.[or INTEREST ~ I - \ ~ GOLDEN GATE ESTATES ,..... UNIT NO. 2 ~ 0 I -l I P.B. 4, PAGE 75 < ci ~ "0 I u I 0 .... .... LO ~ en .- ci LO en U ~ ci I ~ ~ ~ en tn TRACT ,0 ____________________________________________0. @ I I I I I I I I LEGAL DESCRIPTION - A portion of the North 1/2 of Tract 108, Golden Gate Estotes Unit No.2, Plot Book 4, page 75-76, of the Public Records of NOTES: Collier County, Florida, being more particularly described os follows: 1. This is not a survey. LEGAL DESCRIPTION 2. Basis of bearing is the West line of County Beginning at the Northeast corner of said Tract 108; Rood 951 (C,R. 951) being N 00'28'32" W. Florida thence S.00'28'32"E. along the East line of said State Plane Coordinates NAD 83/90, East Zone. Tract 108. 0 distance of 165,00 feet; thence 5,89'31 '28"W, along the South line of the North 1/2 3. Subject to easements, reservations ant! of said Tract 108. 0 distance of 55.00 feet; thence restrictions or record. N,00"28'J2"W., 0 distance of 165,00 feet to its 4. Easements shown hereon ore per plot, unless intersec\'Jon with the north line of Tract 106; thence N.89' 31 '26"E. along said North line, 0 distance of otherwise noted.. 55.00 feet to the POINT OF BEGINNING. 5. ROW represents Right-of-Way. Containing 9,075,00 square feet or 0.2083 acres, more or less, 6. P.O,B. represents Point of Beginning. 7. P .O.C. represents Point of Commencement. 6. O,R. represents Official Records. 9. L.B.E. represents landscape Buffer Easement. 10. U,E. represents Utility Easement. LINE BEARING + l34 N69'31'28"E L35 S89'31'2 "W q-l7-tJJ N (DATE SIGNED) NOT VALID WITHOUT .THE SIGNATURE AND lllE ~- , j ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVE'r'OR AND MAPPER. . 25 50 '00 . 200 CERTIFICATE OF AUTHORIZATION LB 1f43 GRAPHIC SCAlE PROJECT NO.: 65061 PNtCD. NO. = 124 COLLIER COUNTY DEPARTMENT ,- Wil.Mille'-'~- OF TRANSPORTATION 10F -,~'IiooIogWo.- ......--- .~~ 004 llIoclnYIer, he f 89 _.""....._._.r... PROJtCT NO.: ......u............__.__."'_.___ 09/2003 N601~-Q05-000 -- ---, ..,.,. TRACT I I I I @ L168 I I ~XHIBIT-h L164 ;->age.& of ~ ~ I I 01 01 -..J (}l ~ I TRACT ____ :i ----------------------------------------------L166 ....." q @ :i 0:: 0 -' I ..:( I ci z I ..:( I GOLDEN GATE ESTATES '0 u UNIT NO. 2 0 ~ I{) P.B. 4, PAGE 75 ......, 01 ~ ~ I{) 01 U ci I ~ c..i TRACT TEMPORARY ~ @ CONSTRUC11ON EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSlRUCTlON) LINE TABLE LEGAl DESCRIPTION LINE LENGTH BEARING A portion of the North 1/2 of Tract lOB L164 55.00 SB9' 31'28"W Golden Gate Estates Unit No.2, Plat Book 4, L165 165,00 SOO'28'32"E Pages 75-76, of the Public Records '.of Collier L166 5,00 SB9'31'28"W County, Florida, being more particularly L167 165.00 NOO'28'32"W described as follows: L168 5.00 NB9'31'28"E Commencing at the Northeost comer of Tract 108; thence S,89'31'28."W. along the North line NOTES: of Tract 1 08. a distance of 55.00 feet to the POINT OF BEGINNING; thence S.00'28'32"E., a 1. This is not a survey. distance of 165.00 feet to its intersection with the South line of the North 1/2 of Tract lOB; 2. Basis of bearing is the West line of County thence S.B9' 31'28"W. along said South line, 0 Rood 951 (C.R. 951) being N 00'28'32" W, Florida distance of 5.00 teet; thence N.00'28'32"W" 0 State Plane Coordinates NAO 83/90. East Zone, distance of 165.00 feet to its intersection with the North line of Tract 1 DB; thence 3. Subject to easements. reservations and N.89'31'2B"E, along said North line, a distance restrictions or record. of 5.00 feet to the POINT OF BEGINNING. Containing 825,00 square feet or 0,0189 4. Easements shown hereon are per plat, unless acres, more or less. otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O,C, represents Point of Commencement: 8. O,R. represents Official Records. 9. LB,E. represents landscape Buffer Easement. 10. U.E. represents utjJjty Easement. + q - ;0 ~O } (DATE SIGNED) 3M NOT VAliD WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA UCENSED I~ I SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 643 0 2. .. 100 200 GRAPHIC SCAlE p~rcr NO.: 65061 PARCO.. NO. : 724 Wi"Millei.'~- 10F 004 _.~.~..........~_.~-. f 89 ........ he:. PROJEcT NO.: _.IloI....._._.,.. 09/Z00.J ......IMl\..... .......__.__.,._. ___ N6015-005-ooo lop 22. 2003 - 11:38:58 llI.AllURfIX;\SUR\H80' ~\t51 0<11 OD,d., -- EXHIBfTL , r \ L237 \ PageJf~ ot.A'[i FEE SIMPlE INTEREST - , I -------------------------- II I \ ~ \ 0 ;--. ci :Ii q .J < cr. I ~ I 0 u I 0 I ~ ~ \ 10 \ --- en LEGAL DESCRIPTION -- @--- A portion of the North 1/2 of the Southeast ~~EL ~ 0:; 10 1/4 of the Southeast 1/4 of Section 34, 1 en u Township 48 South, Range 26 Eost and being .- 0:; o portion of those lands described in O,R. N I .~ Book 2533, Page 2620, of the Official Records to U of Collier County, Florida, being more N \ particularly described as follows: I Wo \ Commencing at the East 1/4 corner of WN I--tO Section 34, Township 48 South, Range 26 (J)N East; thence N,89'51'33"W. along the North ;:) r O::w N line of the Southeast 1/4 of said Section 34, VI o distance of 100.09 feet to its intersection 1--(.) <0 - <( \ , with the Westerly right-of-way line of County o::D- Rood 951 (Collier Boulevard); thence W I I S.02'16'O 1"E. along said right-of-way line, 0 o - Zr<l \ distance of 1,338.B7 feet to the POINT OF _r<l \ BEGINNING; thence continue S.01'16'Ol"E. along -ll.() said line, 0 distance of 669.43 feet to its N ~ intersection with the South line of the North O::~ 1/2 of the Southeast '1/4 of the Southeast <(0 1/4 of Section 34; thence N.B9'48'OO"W. along ~O I I said South line, a distance of 80,07 ,feet; CD thence N,02'16'01 "W., 0 distance of 1>69.41 I I feet to its intersection with the North line of 0:: ,- the North 1/2 of the Southeast 1/4 of the 0 \ \ Southeast 1/4 of Section 34; thence S,89'49'11"E. along said North line, 0 distance of BO.07 feet to the POINT OF BEGINNING. Containing 53,551.09 square feet or 1.2294 acres. more or Jess. I I I I .------------------- \ \ NOTES: LINE TABLE .1, This is not a survey. LINE LENGTH BEARING 2. Basis of bearing is the West line of County L237 100.09 NB9'S1'33"W Road 951 (C,R. 951) being S 02',./01" E, Florida L238 1338,87 S01'16'Ol"E State Plane Coordinates NAD 83/90, East Zone. L239 669.43 S 2'16'Ol"E L240 80.07 N89'48'OO"W 3. Subject to easements, reservations and L241 669,41 NO'16'Ol"W restrictions or record. L242 80.07 S89'49'll"E . , 4. Ease'inents shown hereon ore per plot, unless ~ otherwise noted. S. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning, . 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. DAVID ~. HY .,:, P.S.M. (FOR THE FIRM) 9. LB.E. represents Landscape Buffer Easement. f'LORIDA LI .' Ne.5834 10. U.E. represents Utility Easement. J()- 7. '0) (DATE SIGNED) N "! I " NOT VALID WITHOUT tHE SIGNATURE AND THE ORGINA~ RAlS12D, SEAL OF A FLORIOA UCENSED ~ I SURVEY R AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43' 0 ~ :lO 100 200 GRAPHIC SCALE PROJECT NO.: 65061 P#lRCll. NO. : 130 COLUER COUNTY DEPARTMENT - Wil.Millel..~~- OF TRANSPORTATION _. ~.~ .....,....t.ndIafIo- .~~ IIIoclnUIr. tic I'IIQoj[CT NO. SHm NlN80t --.,....... _. _.- 09/200:1 -................--.--.......,. --- N60t5-~-OOO tJO orX Sop 2S, 2003 - 15:03;01 WlAMURE!X:\SUR\1l101 5\151..1 ao.Gwt -----.------.-- .' ~- ... .,--~..- ".-. ---. .-.,--...-- EXHIBIT1 ~ ~ f~ftd6%i-~ I Page!!i2:J.of-R!l FEE SIMPlE (0 .; -r' P.O,C. I ~O~ I INTEREST 8 ~ P.O,B. I v) I I L169 h \ ~------------------------ ,....... q I ~ I a: c:i I ~ I <t: ci 1 ~ \ '0 u ~ 0 RICHARD D. AND FRANCIS A. CRAIG fTl '--' ll') O,R. BOOK 2107. PAGE 1174 0) ~ ci ll') I I Vl 0) U Vl .;> . I ~ . a: ~ ~y I I - L170 I , I \ \ LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 34. Township 48 South. Range 26 East. and being a portion of those lands LINE BEARING described in O.R. Book 2107, Page 1174. of L169 S89'49' 47"E the Official Records of Collier County, Florida. being more particularly descri.bed as follows: L170 N89'49'11''w Commencing at the East 1 /4 corner of Section 34. Township 48 South. Range 26 East; thence N.89'51'33"W. along the North NOTES: line of the Southeost 1/4 of said Section 34. a distance of 100.09 feet to its intersection 1. This is not a survey. with the Westerly right-at-way line of County Rood 951 (Collier Boulevard); thence 2, Basis of bearing is the West line of County S.02" 16'0 I"E. along said right-of-way line, 0 Rood 951 (C.R. 951) being S 02'16'01" E. Florida distance of 1,004.15 feet to the POINT OF State Plane Coordinates NAD 83/90. East Zone. BEGINNING; thence continue S.02'16'01"E. along said line, 0 distance of 334,72 feet to its 3. Subject to easements. reservations and intersection with the South line of the South restrictions or record, 1/2 of the South 1/2 of the Northeast 1/4 4. Easements shown hereon are per plat. unless of the Southeast 1/4 of said Section 34; thence N.89' 49'11"W. along said South line, 0 '1therwise noted. distance of 64.06 feet; thence N,02'16'01 "W.. 5. ROW represents Right-of-Way. o distanc8 of 334.71 feet to its intersection with the North line of the South 1/2 of the 6. P.O.B. represents Point of Beginning, 7. P.O.C. represents Point of Commencement. South 1/2 of the Northeast 1/4 of the 8. O,R. represents Official Records, Southeost 1/4 of said Section 34; thence 9, L.B.E. represents Landscape Buffer Easement. S.89'49'47"E. along soid North line, a distance 10, U.E. represents Utility Easement, at 64,06 feet to the POINT OF BEGINNING. Containing 21.422.33 square feet or 0,4918 acres. more or less. ~ '1-~~o J (DATE SIGNED) N NOT VAllO WITHOUT TH,E SIGNATURE AND THE r- - I ORGINAl. RAISED SEAL OF A FLORIOA UCENSED SURvEYOR ANO -MAPPER. CERTIFICATE OF AUTHORIZATION LB 643 0 u 50 100 200 GRAPHIC SCAlE PROJECT NO.: 65061 PARCO. NO. : 131 COLLIER COUN7Y DEPARTMENT Wi"Miller-'~W- OF TRANSPORTATION OF SKETCH && DESCRIPTION 04 _.~.-....'---.~_.~~ 89 ............ h:. ......Fwtlln._._."- 09/200:1 P~NO.: -"""'-..... .---.--.""-. --- N60/5-005-OOO Sop 23. 2003 - 10:58;42 MlAIotUREIX:\SUR\NS015\'51odl00.dwg ._u_n EXHIBIT A t- ~.;~~'~J':'~~~ \ p . 4JLi.. , "5lf"i 0 U") l 100.09 age-L:T:::. of-ill.) -to:;: . -J-..... P.O.C. :-O~ I I _ NO ~~ '1 I -------------------~ 7'-1-n-hl h \ .------------------------ L J I :i TEMPORARY I q 1 CONSTRUCTION EASEMENT r-: I IX: (DURATION: 3 YEARS FROM I ~ I..J I COMMENCEMENT OF CONSTRUCTION) ~ ~ RICHARD D. AND FRANCIS A. CRAIG 5 ~ \ -~ \ ~ \ O,R. BOOK 2107, PAGE 1174 0) -...J ........ 0) tv ~ s \~~L\ ~ ~ L175 I I , ------------------------------ -----1 1 LEGAL-DEscRiPTION L 1 73 I A portion of the South 1/2 of the South 1/2 \ \ \ of the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 Eost, and being 0 portion of those lands described in O.R. 800k 2107, Page 1174, of LINE TABLE the Official Rec~rds of Collie~ County, Florid.o, LINE LENGTH BEARING being more partIcularly descnbed as follows. 1171 64.06 N89' 49' 4-7"W Commencing at the East 1/4 corner of L1n 334.71 S02"16'Ol"E Section 34, Township 48 South, Range 26 L173 46.04 N89'49'1 1 "W East; thence N.89'51 '33"W. along the North L174 20.02 N02'16'Ol"W - line of the South 1/4 of s~id ~ection ~4, o. L175 41.04 S89'49'11"E distonce of 1~0.09 feet to .,tS intersectIon With L176 314.69 N02"16'Ol"W the Westerly nght-of-way lone of County Rood . " 951 (Collier Boulevard); thence S.02'16'Ol"E. L177 5,00 589'4947 E along said right-of-way line. 0 distance of . 1,004.15 feet to its intersection with the North NOTES. line of South 1/2 of the South 1/2 of th~ 1. This is not 0 survey, Northeast 1/4 of the Southeast 1/4 of SOld Section 34; thence N.89'49'47"W. along said 2. Basis of bearing is the West line of County North line, 0 distance of 64.06 f~et ,to .the Rood 951 (C.R. 951) being S 02'16'01' E, Florido POINT OF 8EGINNING; thence, S'92 16 01. E., a. State Plane Coordinates NAD 83/90, East Zone. distance of 334.71 feet to Its IntersectIon With the South line of the South 1/2 of the South 3. Subject to easements, reservations and 1/2 of the Northeast 1/4 of the Southeast restrictions or record. 1/4 of said Section 34; thence N.89'49'll "W. along said South line. 0 distance of 46.04 4. Easements shown hereon are per plat. unless feet; thence N.02'16'Ol"W" 0 distance of otherwise noted. 20.02 feet; thence S.89'49'11"E., 0 distance of 41.04 feet; thence N.02'16'Ol "W., 0 distance 5. ROW represents Righ~-of-Woy.. . of 314.69 feet to its intersection with the 6. P.O.B. represents Po!nt of 8eglnOlng. North line of the South 1/2 of the South 1/2 7, P,O.C. represents Po~nt of Commencement. / / 8. O.R. represents OffiCial Records. of t~e Northeast 1 4 0: t~e ~outheast 1 .4 of 9. L8,E. represents Landscape Buffer Eosement. Section 34; th,:nce S.89 49 47 E. along SOld 10. U,E. represents Utility Easement. North line, 0 distance of 5.00 feet to the POINT OF 8EGINNING. ~ Contoining 2.492.90 square feet or 0.0572 acres. more or less. q -J...lf -();) (DATE SIGNED) N NOT VALID WITHOUT THE SIGNATURE AND THE ~ I I ORGINAL RAISED, SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 0 .. 00 100 200 CERTlFlCATE OF AUTHORIZATION L8 #43 GRAPHIC SCALE -. PROJECT ""-' 65067 !""""" NO. , 731 COW~R COUNTY DEPARTM~NT -.. ......- OF TRANSPORT AnON Wil.Miller sKE:rCH 4& DESCRIPnON -.llIgMn .&<qIoIt,.".,..,~- .~~ ..../lrI~.~.,.,. PltOolE1:T "". lIllI...,lalo.........__.__.,.._._-_ 09/200.J N60'~~-OOO Sop 2<1, 2D03 - 10:S!:42 1Iw.aJAE!X:\SUR\NII01S\gSlodl00.clwt - EXHIBIT-& I I -L214-L I page.&Q. Of . () FEE SIMPlE I INTEREST h \ I . I ~ I 0 I r:i \ ..J -<( Z -<( "0 () CON PROPERTIES 0 I r ~ I ll) O.R. BOOK 3004, PAGE 660 ~ '-' 0) ~ ~ I r:i I ll) 132 ; I () LJ ~ I I I -------------------- LEGAL DESCRIPTION LINE TABLE A portion of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of LINE LENGTH BEARING Section 34, Township 48 South, Range 26 L214 100.09 N89'51'33"W East, and being 0 portion of those lands L215 669.43 S02'16'Ol"E described in O.R. Book 3004, page 660, of L216 334.72 S02'16'OI"E the Official Records of Collier County, Florida, being more particularly des~ribed os follows: L217 60.05 N89'49'47"w L218 334,71 N02" 16'01"W Commencing at the East 1/4 corner of L219 60,05 S89'50'22 "E Section 34, Township 48 South, Range 26 East; thence N.89'51'33"W. along the North NOTES: line of the Southeast 1/4 of Section 34, 0 distance of 100.09 feet to its intersection with 1. This is not 0 survey, the Westerly right-of-way line of County Rood 2. Basis of bearing is the West line of County 951 (Collier Boulevard); thence 5.02"16'01 "E. along said right-of-way line, 0 distance of Rood 951 (C.R. 951) being S 02'16'01" E, Florida 669,43 feet to the POINT OF BEGINNING; State Plane Coordinates NAD 83/90, East Zone. thence continue S,02'1 6'Ol"E. along said line, o distance of 334.72 feet to its intersection 3, Subject to easements, reservations and with the South line of the North 1/2 of the restrictions or record, South 1/2 of the Northeast 1/4 of the 4. Easements shown hereon ore per plot, unless Southeast 1/4 of Section 34; thence N,89' 49' 47"W. along said South line, 0 distance otherwise noted. of 60.05 feet; thence N.02'16'01 "W" 0 5, ROW represents Right-of-Way, distance of 334.71 feet to its intersection with 6. P.O.B. represents Point of Beginning, the North line of the North 1/2 of the South 7. P.O.C. represents Point of Commencement. 1/2 of the Northeost 1/4 of the Southeast 8. O.R. represents Official Records. 1/4 of Section 34; thence S.89'50'22"E. along 9. L.B,E. represents Landscape Buffer Easement. said North line, 0 distance of 60.05 feet to 10. U.E. represents Utility Easement. the POINT OF BEGINNING. Containing 20,081.46 square feet or 0.4610 acres. more or less. + '. - (OATE SIGNED) N NOT VALID WITHOUT THE SIGNATURE AND THE .... I ORGINAL RAISED SEAL OF A flORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 1/43 0 .. .., 100 200 GRAPHIC SCAlE PROJECT NO..: 65061 PAReD. NO. : 1J2 COLUER COUNT'( DEPARTMENT Wil.Mille'-'~-- OF TRANSPORTATION _. ~ '6:<lI'III*',,-, 'LMcIoc:Ipo_, ~""*- 1IIIcnl8or, h:: PROJECT NO.; m............... '_::~";'~~'I::-.___ 09/200:1 N60/S-DOS-OOO Sop 24, 200J - 14:17:05 IllAllUREjX:\SUR\NeDI5\S51 0011 00."'-11 ~. hi EXHIBIT I , I _ Page~ of l220 I ----------------------- ~ - ~ \ I . \ TEMPORARY ?- CONSTRUCTION EASEMENT I ~ \ (DURATION: 3 YEARS FROM \ 0 a:: \ C<*MENCaENT OF CONSTRU~~ ! \ ~ CON PROPERTIES r r I ~ I ~ I O.R. BOOK 3004, PAGE 660 ~ ~ 1::- I 01. I \ ~ \ 5 \ I L..: WI I \ I ---------------------------------------------L224----1 \ \ LEGAL DESCRIPTION \ A portion of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of LINE TABLE Section 34, Township 48 South, Range 26 East, and being 0 portion of those lands LINE lENGTH BEARING described. in O.R. Book 30~4, poge 660, ~f L220 100,09 N89'51' 33'W the Officlol Records of Colher County, flOrida, , , " being more particularly described os follows: L221 669.43 S02 1601 E L222 60.05 N89'50'22"W Commencing at the East 1/4 corner. of L223 334.71 S02'16'Ol"E ,- Section 34, Township 48 South, Range 26 L224 5.00 N89'49'47"W Eost; thence N.89'51'33"W. along the North L225 334.71 N02'16'Ol "W line of the Southeast 1/4 of Section 34, a L226 500 '"'-'50'22"E distance of 100,09 feet to its intersection with . .>",l> the Westerly right-of-way line of C?un~ ~ood NOTES: 951 (Collier Boulevard); thence S.02 1601 E. along said right-of-wC'y line, 0 distance of 1 This is not 0 survey. 669.43 feet to its intersection with the North . line of the North 1/2 of the South 1/2 of 2, Basis of bearing is the West line of County the Northeast 1/4 of the Southeast 1/4 of Road 951 (C.R. 951) being S 02'16'01" E, Florida Section 34; thence N.89'50'22'W. along said State Plane Coordinates NAD 83/90, East Zone. North line, Q distonce of 60.05 feet to the . POINT OF BEGINNING; thence S.02'16'Ol.E., a 3. Subject to easements, reservations and distance of 334.71 feet to its intersection with restrictions or record. the South line of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast' 4, Easements shown hereon ore per plot, unless 1/4 of Section 34; thence N,89'49'47"W. along otherwise noted. said South line, 0 distance of 5.00 feet; thence N 02'16'Ol"W. a distance of 334.71 5. ROW represents Right-of-Way. feet to its intersecti~n with the North line of 6. P.O.B. represents Point of Beginning, the North 1/2 of the South 1/2 of the 7. P.O.C. represents ~o!nt of Commencement. / /4 of 8. O,R. represents OffiCial Records. Nort~east 1 4 of the S?ut~ea;t 1. 9, L.B.E. represents Landscape Buffer Easement. Section. 34; th~nce S.89 50 22 E. olong sOld 10. U.E. represents Utility Easement. North Ime, 0 dIstance of 5.00 feet to the POINT OF BEGINNING. Containing 1,672.04 square feet or 0.0384 ~ ."". m~ ., ,.... t JDATE SIGNED) N NOT VALID WITHOlJT. THE SIGNATURE AND THE ~ I ORGINAL RAISED SI;AL OF A FLORIDA LICENSED i SURVEYOR AND MAPPER. 0 25 ""'00 200 _ CERTIFICATE OF AUTHORIZATION LB #43 GRAPHIC SCALE ''11''01'';1' NO" 65061 "ARCQ, NO. I 732 COLUER COUNTY DEPARTMENT WiIf'''"IIiIIB'.''''''- OF TRANSPORTAnON 10F ~~ , 004 _.",-.Il:oo\IwWt'___.~-,~~ f 89 .....IIIf~.t;;..'_ ~ NO,: ...,LoII..... _____._ _,,._, _ __ 09/2oo,J N6015-005-000 Sop 2lI. 2003 - '~;03~ NlJ,l.tURE\X:\SUll\Neo'~\85'od'OO.dw9 -~"._._-","., -~".. -~~_.- --,._-~-~ ...-.~--- - - - - L231 NoiHlS;TElu~': .j..J Pagf.,& of~ I I FEE SIMPlE I I INTEREST ~ ~ q a::: I --I I -<( I I z -<( .0 I (.) I CON PROPERTIES 0 ~ ~ Ll) '-J en O.R. BOOK 3004, PAGE 660 Ll) ~ en (.) I I 0:: ~ U I ~ I I I I LEGAL DESCRIPTION A portion of the North 1/2 of the Northeast I I 1/4 of the Southeost 1/4 of Section 34, Township 48 South, Range 26 East, and ~eing I I o portion of those lands descri.bed in O.R. I Book 3004, page 660, of the Official Records of Collier County, florida, being more particularly described os follows: .------------------------------------------- Commencing at the East 1/4 Corner of Section 34, Township 48 South, Range 26 NOTES: I East; thence N.89'51'33"W, along the North line of the Southeast 1/4 of Section 34, a 1. This is not 0 survey. distance of 100.09 feet to its intersection with the Westerly right-of-way line of County Road 2. Basis of bearing is the West line of County 951 (Collier Boulevard) and the POINT OF Road 951 (C.R. 951) being 5 02'16'01" E, Florida BEGINNING; thence 5.02'16'01"[, along said State Plane Coordinates NAD 83/90, East Zone. Westerly line, 0 distance of 669.43 feet to its intersection with the South line of the North 3. Subject to easements, reservations and 1/2 of the Northeast 1/4 of the Southeast restrictions or record. 1/4 of Section 34; thence N.89'50'22"W. 'along 4. Easements shown hereon are per {',."t,. unless said South line, a distance of 60.05 feet; thence N.02" 1 6'01 "W., a distance of 669,41 otherwise noted. feet to it intersection with the North line of 5. ROW represents Right-of-Way. the Southeast 1 /4 of Section 34; thence S.89'51'33"E. along said North line, 0 distance 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. of 60.05 feet to the POINT OF BEGINNING. 8. O.R. represents Official Records. Containing 40,162.62 square feet or 0.9220 9. l.B,E. represents Landscape Buffer Easement. acres, more or Jess. 10. U,E. represents Utility Easement. LINE TAB LE + LINE LENGTH BEARING L227 100,09 N89'S1 '33"W L228 669.43 S02'16'Ol"E ,..P. ..1.1: (FOR THE FiRM) L229 60,05 N89'50'22"W , N9;' S6}4 L230 669.41 N02'1 6'01 "W '1 -J tl7OY': .' _~(OATE SIGNED) L231 60.05 S89'S1'33"E N NOT VALID WITHOUT THE SIGNATURE AND THE ~ I ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION La 643 0 2.'l 00 100 200 GRAPHIC SCAlE PRO../ECT NO.: 65061 PARCO.. NO. : 1JJ Wil.Millei-'~-- 10F 004 -'~'fiDoIIpIIo,---,~-,~~ f 89 -...; m. PRO.,IECT NO.: 11II"""'-..... .....=.:.r......"'=--~'.=.m, __ 09/200:1 N6015-005-000 Sop 25, 211113 - 15:03:OV lUlIUREIX:\SUR\N6015\951 odl OO.dw9 - j.~" ---~ :R":- LINE OF THE SOU-:~ 1/4 ~ - - _ :J.236 - - I I I I I I h n \ I ~ 0:: ~ I ...J I l 0 ~ I @-- Ii I 733 \ '0 \ u \ CDN PROPERTIES 0 ~ ~ U'") ....., en O,R, BOOK 3004, PAGE 660 ~ lO 0:: 1:;1:; I en U I , .t.J t.J I Ii ~ . (]I t.J U I TEMPORARY \ ~ CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTlON} I I I I I I LEGAL DESCRIPTION \ \ \ A portion of the North 1/2 of the Northeast I I I 1/4 at' the Southeast 1/4 of Section 34, I 1 Township 48 South, Range 26 East, andlleing I ..- · .""," of fI>~' I~" "..n'" " 0... 1 \ Book 3004, page 660, of the Official Records \ of Collier County, Florida, being more particularly described os follows: .----------------------------------------------- ----- Commencing at the East 1/4 Corner of L234 Section 34, Township 48 South, Range 26 NOTES: I East; thence N.89'51'33"W. along the North line of the Southeast 1/4 of Section 34, a 1. This is not 0 survey. distance of 160.14 feet to the POINT OF BEGINNING: thence S.02'16'0 1 "E., 0 distance of 2. Basis of bearing is the West line of County 669.41 feet to its intersection with the South Road 951 (C.R. 951) being S 02'16'01" E, Florida line of the North 1/2 of the Northeast 1/4 State Plane Coordinates NAD 83/90, East Zone. of the Southeast 1/4 of Section 34; thence N.89'50'22"W, along soid South line, a distance 3. Subject to easements, reservations and of 5.00 feet; thence N.02'16'01 "W" a distance restrictions or record. of 669.41 feet to it intersection witl\ the 4. Easements shown hereon are per plat, unless North line of the Southeast 1/4 of Section 34; thence S.89'51'33"E. along said North line, otherwise noted. o distance of 5.00 feet to the POINT OF 5. ROW represents Right-of-Way. BEGINNING, Containing 3,344.05 square feet or 0.0768 6. P .O,B. represents Point of Beginning. acres. more or less. 7. P.O.C. represents Point of Commencement. 8, O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U. E. represents Utility Easement. LINE TABLE .~ UNE LENGTH BEARING K2 . L232 160.14 N89'51'33"W L233 669.41 SO '16'OI"E L234 5.00 N89'50'22''W L235 669.41 N02'16'01 "W 11' } ((-(J J :: . L236 5,00 S89'51'33"E N (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE 'J- t ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 0 25 50 100 200 - GRAPHIC SCALE PRO"IECT ~ 65061 PAACQ. NO. ; 733 Wil.Mille'-'~~- _. ---.8ooIagIoIo..".,....~- .~-- wr.crioItr, h::. ...../lrt,...._._.T_ 09/200:1 PRWECT NO.: IIID_~""'_-___''''_'___ N6015-oo5-OOO Sop 2'. 2003 - , ,:03:01 1IlAIoIUREJX;\SUR\NIO' '\11" odl OO.d"ll -,- ~._-- On __ _ ..__ 8'1 ~;BIT -A h \ \ PaQe_lJ-9.. ocro ~ - FEE SIMPLE I ~ I I INTEREST I ~ I I ; b \ OJ 0 I ~ I I ' I ci ~ r IY ~ to South 1/2 of the South 1/2 of .W u I <l. i ::, '" [the Southeast 1/4 ot the ~i::> ~ 8 ~ Northeast 1/4 ot Section 34 ~ C! u ,.., ~ ~ . 0 :d...JQ. 8 f<) P.O,B. ~ <D U .' z"'" 589'51'33"E 361.87' 'g ~ g . . - . . - . 'r'!OlL.BO~D. - , . _ . . ri ~ IIi (OCCUPATION) N89'51'33"W 363.12' u n: N89'51'33"W L 75,07' NB9'S1'33'W P.O.C. 100.09' I East 1/4 Corner of Sedion 34, I I Towns1P 48 South, Range 26 East I I LEGAL DESCRIPTION I t I A portion of the South 1/2 of the South 1/2 I of the Southeost 1/4 of the Northeast 1/4 of Section 34. Township 48 South, Range 26 East. and being 0 portion of those lands. described in O,R Book 3069 pages 2831-2832.' of the NOTES: Official Re.cords of Col.lier County, Florida being 1. This is not 0 survey, more parlrcuarly descnbed os follows: 2. 8asis of bearing is the West line of County Commencing at the East 1/4 Corner of Section Rood 951 (C.R, 951) being N 02'15'04" W, Florida 34, Township 48 South, Range 26 East; Thence State Plane Coordinates NAD 83/90, East Zone. North 89'51'33" West along the South line of the Northeast 1/4 of said Section 34 a 3. :>u?ject to easements, reservations on-:l distance of 100,09 feet to it's interse~tion with restnctlons or record. the Westerly right-at-way line of County Road 4. Easement. shown hereon ore per plot, unles. 951 (Collier Boulevard); Thence continue along otherwise noted, ~aid line North 89'51'33" West 75.07 teet to , the POINT OF BEGINNING' Thence continue along 5. ROW represents Rlgh:-of-Way.. . . . . , ~ , 6. P,O,8. represents Pomt of Begmn",g. SOld Ime North 89 51 ~3 West 363.12 feet, 7. P.O,C. represents Point of Commencement. Thence North 00'08'27" Eost 30.00 teet; B. O.R. represents Official Records. Thence. South 89'S1' 33" East 361.87 teet; 9. L.B.E. represents Landscape Buffer Ea.ement. Thence South 02'15'04" East 30.03 feet to the 10, U.E. represent. Utility Ea.ement. POINT OF BEGINNING. Containing 0.25 acres or 10.874.90 square teet, mOre or less, DAVID. J.'H.'Y: ..,: P.s:.;.. .( ..' '"E ,,,.) A flORIDA lIC,~NO. 5B~4 " . '+ 3-;;"? .:(}y '~,:. ~' !'(OATE SIGNED) 'Th-r' . NOT VALID WIJHO~T ~HE' SIGNATURE AND THE J;'\I .ORGINAL RAisEt) SEAL OF A FLORIDA LICENSED '._ I SURVEYOR ANO MAPPER. CERTIFICATE OF AUTHORIZATION LB 643 0 so '00 200 .00 GRAPHIC SCALE PROoJECT NO., 65061 PAACn NO, , 1.J4A COLLIER COUNTY DEPARTMENT -..........,<-.. OF TRANSPORTAnO WilsqnMiller SKETCH'" DESCRIPnON -. E_ E_ _,....,.....",._ ","_C<>"'''''''b w"... ,..:',?,,=:,~~ ~ PROJ<CT NO" Pit.....,........ --""''''''_a_ I.......,,,, ""....._... OJ/200~ N601!S-005-000 lfar 24. 2004 - 13:OB:44 lll.Al/URElX:\SVR\II6015\951odIOO,dog EXHIBITo&cr FEE SIMPlE ~ \ \ P8~ 5D ~ INTEREST ,- ---- ,-- I ~ I I q I 0:: I , 0 n \ 0 ..... ~ ..... If) 0'1 0 ~ South 1/2 of the South 1/2 I IX 1 Ii \~ I ID ,- the Southeast 1/4 of the I U I I:;, n \Nort,h~'l 1/4 of 5,01;" ,. 8m~ d3n: mU If) ffi 0 0'1 c ..., . _ . . _ . . --YlO.L.I: ~ . ~.': ~/; ~ ai (OCCUPATION) 0: 0 Vl~ o~ 86 I "-I> P.O,C, . I \ East '(4 Carner NB9'51'.t.W of See ion 34, 75.0" \ I Towns1P 48 South, Range 26 East NOTES: NB9'51 '33"W 1 \ 100,09' 1. This is not a survey. Basis of bearing is the West line of Counly I 2. Rood 951 (C.R. 951) being N 02'15'04" W, Florida I I I Slate Plane Coordinates NAD 83/90, East Zone. I 3. Subject to easements, reservations and restrictions or record. - 4. Easements shown bereon ore' per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C, represents Point of Commencement. 8. O,R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents UUlily Easement. " CURVE TABLE CURVE ~ADIUS DELTA LENGTH TANGENT CHORD CHORD BEARING C14 50.00' 21"49'48" 19.05' 9.64,' 18.94' N10'46'27'W C15 177.00' 30'42'06" 94.84.' 48.59' 93.71' N06'20'18"W C16 25.00' 60'23'47" 26,35' 14.55' 25.15' N21"11'09"W C17 6 .00' 3" 12'20" 3.47' 1.73' 3.47' N52'59'13"W C18 25.00' 126'28'56" 56.06' 51.6" 45,03' N64"22'30"E ~ .(OATESIGNED) W- NOT VALID WITH01Jr"THE SIGNATURE ANO THE 'J- J , ORGINAL RAISED StAl> OF A FLORIDA LICENSED . SURVEYOR AND 'MAPPER. 0 50 '00 200 400 CERTIFICATE OF AUTHORIZATION L8 643 GRAPHIC SCALE - PROJECT NO.: 85081 I"MC'O. NO. l tJ48 COLLIER COUNTY DEPARTMENT Wil.nMiller'-"~'''~' OF TRANSPORTAnO ,10F SKETCH & DESCR~nON 2004 __ ,_ ,_ _.1__ _"""""""" of 89 WilsonMi/1er. ,,,"- -,....,...-.-""" PROJECT NO..! ....,t...... __~31If5,..,.,.. ZJlM'" J. mf,l!61Jf I~ ...'_......... OJ/200f N60/5-oo5-ooo lor 24, 2004 - 13:0&.44 MlAWURE!X:\SUR\N501 ~\g~1 odl OO.d", --. -....--.......--..- "'~- EXHIBIT ;;fk- Page-5lor . ~ FEE SIMPlE INTEREST LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Seelion 34, Township 48 South, " Range 26 East. and being a portion of those lands described in O.R Book .3069 pages 28.31-2832. of the Official Records of Collier County, Florida being more particuarly described os follows: Commencing at the East 1/4 Corner of Section 34, Township 48 South, Ronge 26 Eost; Thence North 89'51'33" West olong the South line of the Northeast 1/4 of said Section 34, 0 distonce of 100.09 feet to it's intersection with the Westerly right-of-way line of County Rood 951 (Collier Boulevard); Thence continue along soid line North 89"51'33" West 75.07 feet; Thence North 02' 1 5'04" West 30.03 feet to the POINT OF BEGINNING; Thence North 89'51'33" West 361.87 feet; Thence North 00'08'27" Eost 50.00 feet; Thence 19.05 feet along the ore of 0 circulor curve concave west hoving 0 radius of 50,00 feet through central angle of 21'49'48" and being subtended by 0 chord which bears North 10'46'27" West 18.94 feet to 0 point of reverse curvature; Thence 94,84 feet along the ore of 0 circular curve concave eost, hoving a radius of 177,00 feet through a central ongle of 30'42'06"' subtended by 0 chord which beors North 05'20'18" West 93.71 feet to 0 point of reverse curvature; Thence 26,35 feet olong the ore of 0 circular curve concove west, having a radius of 25.00 feet through 0 centrol ongle of 60'23'47" subtended by 0 chord which bears North 21'11'09" West 25.15 feet; Thence North 51'23'02" West 35,13 feet; Thence 3.47 feet along the ore of a circular curve concave southwest having a radius of 62.00 feet through centrol angle of 03'12'20" and being subtended by 0 chord which bears North '. " 52'59'13" West 3.47 feet; c' Thence North 38'36'58" East 50.10 feet; Thence 56.05 feet along the ore of 0 non-tangential circular curve concave northwest having a radius of 25,00 feet through a central angle of 128'28'55" and being subtended by 0 chord which bears North 64'22'30" East 45,03 feet; Thence North 00'08'02" East 36,50 feet to a point on the North line of the South 1/2 of the South 1/2 of the Southeost 1/4 of the Northeost 1/4 of said Section 34; Thence South 89'51'58" East 331.01 feet; Thence South 02'15'04" East 304.77 feet to the POINT OF BEGINNING. Containing 2.55 acres or 111,204.38 square feet, more or less. NOT VAUD WITHOUT SHEET ONE OF "fWD PROJECT NO.: 65061 I PARea NO. , 1J48 COWER COUNTY DEPA~~MENT Wil.Miller-'~"'-N OF TRANSPORTAnO I~~ 11.. ,10F ~ : May 25 2004 SKeTCH Jc DESCRIPnON -.'" f_ ~ ~"'_AnI>Ud!t _Ca......... Page 61 of 89 WilsonMiIlor. Ino. _ fotll)os' Soa.. __ _ I PROJECT NO_: ~S;EET NU'-I.EJt: IfU NO,: J21JI,.,......"'*JfJiJ ~,...,,)lJIS..Wf.,.... 2.1f""" '" !JIfn41ll Ifl6..SoIt ...........,nw OJ/2004 N6015--COS-OOO 8-2 OF 2 2L-8'2 lar 24. 2004 - '3:01;44 IoMMURElX:\SUR\N1I01S\tSl.dl DD.dwg ~HIBIT~ h\ \ P.ge~ FEE SIMPlE r:- --- INTEREST I ~ I I I ci I I n\ o _ I ci I >- "" South 1/2 01 the South 1/2 I I ~ J. 01 the Southeast 1/4 of the :::l ,., [Northeast 1/4 of Section 34 8 ~ ...,~~ ii!da.. 1O tx: - m ~ g liQl.F' RO~ ~ a:i - . . . . - . . - . . - . , - . . (occupA'nON) ,. - > 0: I P,O,C. I I East 1/4 Corner of Sec~ion 34, \ I Township 48 South, Range '26 East DESemenD' : \ \ I I A portion of the South 1/2 of the South 1/2 of I the Southeast 1/4 01 the Northeast 1/4 of Section 34, Township 48 South, Range 26 East, and being 0 portion of those lands described in O.R Book 3069 pages 2831-2832, of the Offici?' Record~ ~f Collier NOTES: County, Florida being more par:1:icuarly dellcrlbed os - follows: 1. This is not 0 survey. Commencing at the East '/4 Comer of Section 34, 2. Basis of bearing is the West line of County Towns,hip" 48 South, Range 26.East; thence N Rood 951 (C.R. 951) being N 02'15'04" W, Florida 89'51 33 W along the South lone of the Northeost State Plane Coordinates NAD 83/90, East Zone, 1/4 of said Section 34, a distance ~f 100.09 feet to its intersection with the westerly right-of-way 3. Subject to easements, reservations and line of County Rood 951 (Collier Boulevard) and the restrictions or record. Point of Beginning; thence continue N 89'51'33" W along said 1/4 section line a distance of 75,07 4, Easements shown hereon are per plat, unless feet; thence N 02'15'04" W, 0 distance of 334,80 otherwise noted. feet to a point on the North line of the South 1/2 . f th S th 1/2 of the Southeast 1/4 of the 5, ROW represents Rlgh~-of-Way., . o e ou ., 6. P.O.B. represents POint of Begln",ng. Northea~t '/4 of SOld S.ectlon 34~ thenc~ 7. P.O.C. represents Point of Commencement. S 89'51. 58 E, al~ng said. Nort~ line a distance of 8. O,R. represents Official Records. 75,07 feet to its intersection WIth the west~rly 9. L.B,E, 'represents Landscape Buffer Easement. right-of-way line of County Road 951 (Collier 10. U.E. represents Utility Easement. Boulevard); Thence S 02'15'04" East, along said westerly right-of-way line, 0 distance of 334,81 1eet to the Point of Beginning. Containing 25112.01 sq. feet or 0.5765 acres, more or less. 2. - ,;./7 '0<( . co." ."EO) ~ . I . NOT VAliD WITHOUT THE. SIGNATURE AND THE 'Th-T ORGINAl RAISEO St::AL' OF A FLORIDA LICENSED J;'\J SURVEYOR !oND MAPPER. CERTlFlCATE OF AUTHORIZATION LB 1/43 ...... I o $0 100 200 400 REVISED PARCEL NO. - 03/29/04 GRAPHIC SCALE REVISED PARCEL 03 23 04 -- I'IIDolfC1' NO.: 65061 PAACQ. NO. : 134C COLLIER COUN1Y DEPARTMENT -_....""..'~ OF TRANSPORTATION Wil."iller 6g~ - E_ E_ _.1__ -~ f 89 _ F":'~='':;'' .... PAOJECT "0' .m>""'ft>>" _'-".....".__ ""~l1tf ........._... 09/200:1 N60'5-005-000 ..... 24, 2004 - 13:08:44 IoIVMURE\X:\SUR\NS015\~S1oc1'OO.dwll EXHIBIT4m: \~ \ \ Page$d.. of 'F.:RPETUAL, NON-I:XClUSIVf' ')RAINAGE EASEMENT I ~ I I 0 SSI' I Ii I I "'S"''''' '"0 h \ '/",?",(- 0 ~ ......, l!) C OJ 0 l~ :;: '" South 1/2 of the South I I ci I N 1/2 of the Southeast I .J to I::> I"l D 1/4 of the ~ortheast <( Z 8 ~ <( ....1/4 of Section 34 U lDu C' ~3~ tcJ ~ !DU ./>0 10 ffi 0 .. OJ 0 I"l - " 0:: ~ <Ii n: u ~ L I'- _ NO N69"Sl'33"W I - 0 a:l . 00 100.09' P,O.C. or') 0 I I East '~4 Corner Z of See Ion 34, NOTES: \ I Towns1P 46 South, Range 26 East 1. This is not 0 survey, \ \ 2. Bos;s of bearing is the West line of County Rood 951 (C.R. 951) being N 02'15'04" W, Florida I State Plane Coordinates NAD 83/90, East Zone. I I I 3. Subject to easements, reservations and , restrictions or record. 4. Easements shown hereon ore per plot: unless otherwise noted. .; 5. ROW represents Right'-of-Way. 6. P .O.B. represents Point of Beginning. 7. P .O,C. represents Point of Commencement. 8. O,R. represents Official' Records, 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BEARING ~ C19 87.00' 39'32'10. 60,03' 31.27' 5 .85' N70'21'56" C20 62,00' 38"28'S7" 41.64' 21,64' 40,66' S70'37'31"E C22 25.00' 60' 23' 4 7" 26.35' 14.55' 2S,15' 521"11'09" C23 177,00' 30"42'06" 94.84' 48,59' 93.71' 506'20'18"E C24 50,00' 21'49'48" 19,05' 9.64' 18,94' SI0'46'27"E C2S 40.68' 28'37'50" 20.33' 10,38' 20.12' N14"27'22"E C26 40.00' 63" 36'37' 44.41' 24,81' 42.16' N60"34'35"E e27 250.00' 19'39'09" 85.75' 43.3 ' 85,33' N82"33' 9" e28 87.00' 25'04'35" 38.08' 19.35' 37.77' N8S"16'03"E C29 63.00' 4712'29" 51.91' 27.53' 50.45' N74'12'06"E ':i2Jt'';'" 'J + ,. .;:;\ -:: ,1:1 ;'. DAVID f 'I{jf. .' p;. . ,. FOR THE FIRM) FlO~ID,.' UC~ .,0, ~a3~. N \ . ~ ; ., t -- J <;?'~ ';;;'Or..r:\ /<DATE SIGNED) NOT 'VALiD' WrWOUT THE SIGNATURE AND THE ~ I ORGINAl RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. . eo '00 200 '0' CERTIFICATE OF AUTHORIZATION LB /143 GRAPHIC SCALE :tOJECT ttO.: 65061 "~NO.: 8J4 COLLIER COUNTY DEPARTMENT Wi/.Mille,.-' '''''""'" OF TRANSPORT AnON SKETCH de DESCRfPnON F'laMM EJt~ f~ SIIVJIfOB.t.ntIOtl>>Ndw-r.b ~M'P"fablCcM__nfS Wi/sonMiller, Inc. PROJ(CT NO.: .... F",~""""._ _ "Wlrt"Wr. ~1\WI"'.I5M.~mM4'" J.JJiWJlJJ ~Jaob.sae...~~ 0:1/200-1 N6015-005-(}(}o r 24, 2004 - , 3:08:44 MWoIUREjJ<:\SVR\N801S\'Sl.dlOD,d.." ;X~J~r -lL- :"ERPET\JAl. NON-EXCWS",,, ag~ of-KQ DRAWtGE EASEMENl LEGAL DESCRIPTION A portion of the South 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 34, Township 48 South, Range 26 East, and being 0 portion of those lands described in O.R Book 3069 pages 2831 -2832, of the Official Records of Collier County, Florida being more particuarly described os follows: Cammencing at the East 1/4 Corner of Section 34, Township 48 South, Range 26 Eost; Thence North 89'51'33" West along the South line of the Northeast 1/4 of said Section 34, a distance of 100.09 feet to it's intersection with the Westerly right-of-way line of County Road 951 (Co!lier Boulevard); " Thence continue along said line North 89'51'33" West 361.87 feet; Thence North 00'08'27" West 30,00 feet to the POINT OF BEGINNING; Thence North 89'51'33" West 526.98 feet; Thence North 00'08'27" East 61,03 feet; Thence 20.33 feet along the arc of 0 circular curve concave east having a radius of 40,68 feet through central angle of 28'37'50" and being subtended by a chord which bears North 14'27'22" East 20.12 feet; Thence North 28' 46'17" East 61,68 feet; Thence 44.41 feet along the arc of a circular curve concave southeast having a radius of 40.00 feet through central angle of 63'36'37" and being subtended by a chord which bears North 60'34'35" East 42.16 feet to a point of reverse curvature; Thence 85.75 feet along the arc of a circular curve concave north, having 0 radius of 250.00 feet through 0 central angle of 19'39'09" subtended by a chord which bears North 82'33'19" East 85.33 feet to o pain I of reverse curvature; Thence 38,08 feet along the arc of a circular curve concave south, having a radius of 87.00 feet through 0 cenlral angle of 25'04'35" subtended by a chord which bears North 85'16'03" East 37.77 feet to I a paint of .reverse curvature; _ Thence 51.91 feet along the arc of a circular curve concave north, having a radius of 63.00 feet through a central angle of 41'12'29" sublended by a chord which bears North 74'12'06" East 50.45 feet; Thence North 50'35'51" East 26.28 feet; Thence 60.03 feet along the arc of a circular curve concave south having 0 radius of 87.00 feet through centrol ongle of 39'32'10. and being subtended by a chord which bears North 70'21'56" East 58.85 feet; Thence South 89'51'59" East 120.00 feet; .' Thence 41 .64 feet along the orc of 0 circular curve concave south having 0 radius of 62.00 feet through central ongle of 38'28'57" and being subtended by a chord which beors South 70'37'31" East 40,86 feet; Thence South 51'23'02" Eost 35,13 feel; Thence 26.35 feet along the arc of a circular curve concave wesl having 0 radius of 25,00 feet through a central ongle of 60'23'47" and being subtended by 0 chord which bears South 21'11'09" Easl 25.15 feet to 0 point of reverse curvoture; Thence 94.84 feet along the arc of a .circular curve concave east, having 0 radius of 177.00 feet through a central ongle of 30'42'06" subtended by 0 chord which bears South 06'20'18" Eost 93.71 feet to o point of reverse curvature; Thence 19.05 feet olong the arc of a circular curve concave west, hoving 0 radius of 50.00 feet through 0 central ongle of 21'49'48" I subtended by 0 chord which bears South 10'46'27" East 1 8.94 feet; Thence South 00'08'27" West 50.00 feet to the POINT OF BEGINNING. Contoining 2.20 acres or 95,874.41 square feet, more or less. NOT VALID WITHOUT SHEET 1 OF 2 _ ...",lCT NQ.. 65061 I pARCEL NQ, , B.J-f COLLIER COUNTY DEPARTMENT . -......."'-. OF TRANSPORTATlQN . IL ..,. 1."'eA,,~il'ar ,~'" ,....... ..... " ,..... 10F ..I.~.,rl."uJ SKETCH de DESCRIPTION May 25, 2004 -. _ E_ SLnojo<n.,__ -"""........ Pa'~e 63 of 89 IWsonAlII..., It>c. 1 \.I' ,.,., 'flfllptl. SI1MIII .a.a. """ I pftOJ[CT JoIO.1 I SM[[T NUW8U; Inti: NO.: .1>.'0,,",'''' s..... _~"_,_,,,....... .. DUll.51" ...... ..._... OJ/2004 I N60 '$-005-000 IIJ4-2 OF 2 2L -812 or 24, 2004 - 13:041:44 ilIINoIUREJx;\5UR\NSOI5\.51 odl OO.d", M._~H '__"",.__'~-" .____n -._--- ---- EXHIBIT A I I I I Page~ of..&:L, I I I FEE SIMPlE I ~ I INTEREST ;-.. I q I ~ cr: ....J ci <( cr: ~ '0 () WATERWAYS JOINT VENTURE N 0 O.R. BOOK 2924, PAGES 3011-3012 ~ ll) I '-' I O'l ~ I I ll) a:; O'l W a:; () LJ I I ---------------------------- I I LEGAL DESCRIPTION c:: I -..,J A portion of the North 1/2 of the South 1/2 U> L1~ of the Southeost 1/4 of the Northeost 1/4 of Section J4, Township 48 South, Range 26 P.O.C, East, and being a portion of those lands described in O.R. Book 2987, Pages 3011-JOI2, of the Official Records of Collier LINE TABLE County, Florida, being more particualr/y described os follows: LINE LENGTH BEARING Commencing at the East 1/4 Corner of L178 100.09 NB9'S1 'JJ"W L179 .3.34.81 N02"lS'04"W Section J4, Township 48 South, Rong!Y 26 L1S0 65.06 N89"52'OJ"W East; thence N.89"51'J3"W. olong the South line of the Northeast 1/4 of said Section 34, L181 334.79 N02'15'04 "W o distance of 1 00.09 feet to its intersection L182 65.06 S89"52'43"E with the Westerly right-of-way line of County L183 334,80 S02"15'04"E Road 951 (Collier Boulevard); thence NOTES: N,02" 15'04"W. along said right-of-way line, a distance of 334,81 feet to the South line of 1. This is not a survey. the North 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of said 2. Basis of bearing is the West line of County Section 34 and POINT OF BEGINNING; thence Rood 951 (C.R, 951) being S 02"16'01" E, Florida N,89"S2'03"W. along said South line, 0 distance State Plane Coordinates NAD 83/90, East Zone. of 65.06 feet; thence N,02"lS'04"W., a distance of JJ4.79 feet to the North line of 3. Subject to easements, reservations and the North 1/2 of the South 1/2 of the restrictions or record, Southeast 1/4 of the Northeast 1/4 of said Section J4; thence S.89'52' 43"E. along said 4. Easements shown hereon ore per plot, unless North line, 0 distance of 65.06 feet to its otherwise noted. intersection with the Westerly right-of-way line of said County Rood 951; thence S.02"15 '04"E. 5. ROW represents Right-of-Way. along said right-at-way line; 0 distance of 6. P.O.B. represents Point of Beginning. JJ4.BO feet to the POINT OF BEGINNING. 7. P,O.C. represents Point of Commencement. Containing 21,763.18 square feet or 0.4996 B. O.R. represents Official Records. acres, more or less~ 9. l.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. 4 CJ -Jq.:.O} . (DATE SIGNED) N NOT VALID WITHOUT THE SIGNATURE AND THE .- I ORGINAl RAISED SEAL OF A FlORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION La (143 0 ~ .. '00 200 GRAPHIC SCALE PAOJECT NO~ 65061 PARCEL. NO. : 135 WiI.Millei--~~- -"~'~"---"~~"~c:on..rn lIIocrioWor, n. PRO..I[CT HO.: IIIlMru...... .....=-,....;..~~'::.w"__ 09/200:1 N601~-coo Sop 2J, = - 18:05:02 toIlAWURlJX;\SUR\NDOl 5\g51 odl00.dwg EXH~ I I Pa~ of I I ~- L189 I I h \ TEMPORARY I I ~ I CONSTRUCTION EASEMENT I 0 I I ,.-.. ci (DURATION: 3 YEARS FROM ~ \ ...J \ COMMENCEMENT OF CONSTRUCTION) \ ci 4: ci Z 4: S S '"0 U WATERWAYS JOINT VENTURE IV CO LO 0 ..... O.R. BOOK 2924, PAGES 3011-3012 CO 0 ..... l{) I I '-" I m ..... I I I l{) ~ m LJ B\ U I I I L186 ---------------------------------------------L187---S~ I I z: rLlIiL_-~ \ P.D.C. LEGAL DESCRIPTION A portion of the North 1/2 of the South 1/2 LINE TABLE of the Southeast 1/4 of the Northeast 1/4 of LINE LENGTH BEARING Section 34, Township 48 South, Range 26 Eos~, and being a portion of those lands l184 100.09 N89'51 '33 "W described in O.R. Book 29B7, Poges L185 334,81 N02'lS'04'iV 3011-3012, of the Official Records of Collier L18S 65,06 NB9'52'03"W County, Florida, being more ,particualrly" L187 5,00 N89'52'03"W - described os follows: L18B 334.79 NO '15'04"W Commencing ot the East 1/4 Comer of L189 5,00 S89'52'43"E Section 34, Township 48 South, Range 26 l190 334,79 S02'15'04"E East; thence N.89'51'33"W. along the South NOTES: line of the Northeast 1 /4 of said Section 34, o distance of 100.09 feet to its intersection 1. This is not a survey. with the Westerly ri9ht-of-way line of County Rood 951 (Collier Boulevard); thence 2. Basis of bearing is the West line of County N.02'15'04"W. along said right-of-way line, 0 Road 951 (C.R. 951) being S 02"15'04" E, Florida distance of 334,81 feet to the South line of the North 1/2 of the South 1/2 of the Stote Plane Coordinates NAD 8~/90, East Zone. Southeast 1/4 of the Northeast 1/4 of said 3. Subject to easements, reservations and Section 34; thence N.89'S2'03"W., a distance restrictions or record. at 65.06 teet to the POINT OF BEGINNING; thence continue N.89'52'03"W. along said 4. Easements shown hereon ore per plat, unless South line, 0 distance of 5.00 teet; thence otherwise noted. N,02'1S'04"W., a distance of 334.79 feet to the North line of the North 1 /2 of the South 5. ROW represents Right-at-Way. 1 /2 of the Southeast 1 /4 of the Northeast 6. P.O,B. represents Point of Beginning. I 1/4 of said Section 34; thence S.89'52'43"E. 7. P.O.C. represents Point of Commencement. along said North line, 0 distance of 5.00 feet; B. O.R. represents Officiol Records. thence S.02'1S'04 "E.; 0 distance at 334.79 9. LB,E. represents Landscape Buffer Easement. feet to the POINT OF BEGINNING. 10. U.E. represents Utility Easement. Containing 1673.94 square feet or 0.03B4 + acres. more or less. ( DAVID J. HY. FLORIDA U , NO. Cf ' ;Zq -03 (DATE SIGNED) N . NOT VAlID WITHOUT THE SIGNATURE AND THE '.- i ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTlFlCATE OF AUTHORIZATION L8 #43 . 2' 00 100 200 GRAPHIC SCAlE - PROJECT NO.~ 65061 PARCO.. NO. : 735 COLLIER COUNTY DEPARTMENT Wi_Miller..~- OF TRANSPORTATION _.---.--.~,~_.~~ llkirMIr, he> PROJECT NO.: .....""......-.-.- 09/20O:J ..""'l.IoI.......__.__.I\I_.___ N60/5-005-DOO Sop 23, 2003 - 18'08,02 IIWIIJREIX:\SUR\NSOI 8\8$1 odl QO.dw, -"- ,,~. ..,~. - -..,.-...-- I- Page~ ot" I I (J) - I I L5 I I (Q ---C2Ei7---~C. C'\j I"-.. NORTHEAST /'f) r CORNER Lu .: ,.~ SECTION 34 0 /'f) >1 co :< I I I ~ 0 -If) L289 I .~ Lul") I ~ LuCl o:::/'f) ::::::l(J) ()o::: I-LJ :J :58 <0 0 Lu (J) QUJ >(f n I 0::: CO t:0 l- I < '<t-~ '<t- ~< -C'\j ~ Q ~- GO) ~ ::::::lCl JC'\j e::: :r: (J)~ ~~ .-J (J) Q <( < ~g I ~ I S: () ~ o:::Ctl 0 I ~ I U1 LJ 0 \ m I- . ~ ~ :=:(0::: "'-" ci ~o I ~ cJ /'f) If) m ~ :< ci I 0 Y f:: (.) TEMPORARY I LJ CONSTRUCTION EASE (f) (DURATlON: 3 YEARS COMMENCEMENT OF CONS LEGAL DESCRIPTION I I I A portion of Section 34, Township 48 South, NOTES: Range 26 East, Collier County, Florida, being 0 1. This is not 0 survey. portion of those lands described in O,R. Book 2924, Pages 335-337, of the Public Records 2. Basis of bearing is the West line of County of Collier County, Florida, being more particularly described os follows: Rood 951 (C.R. 951) being 5 OT15'31" E, Florido State Plane Coordinates NAD 83/90, East Zone. Commencing at the Northeast corner of 3. Subject to easements, reservations and Section 34, Township 48 South, Range 26 East, Collier County, Florida; thence restrictions or record. N.89'55' 30"W., 0 distance of 1 00. 15 feet to a 4. Easements shown hereon ore per plot, unless point on the Westerly right-of-way line of County Rood 951 (C.R. 951); thence otherwise noted. 5.0T15'04"E. along said Westerly line, 0 5. ROW represents Right-of-Way. distance of 669,62 feet; thence N.89'54'27"W., 6. P.O.B. represents Point of Beginning. o distance of 65.05 feet; thence S.OT 15'04 "E., 7. P.O.C. represents Point of Commencement. o distance of 628.88 feet to the POINT OF 8. O.R. represents Official Records. BEGINNING; thence continue S.02'15'04"W. 9. LB.E. represents Landscape Buffer Eosement. along said line, a distance of 111.00 feet; 10. U.E. represents Utility Easement. thence S.87'44'56"W., a distance of 36.00 feet; thence N.OT 15'04 "W., 0 distance of LINE TABLE ~ 111.00 feet; thence N.87'44'56"E., 0 distance LINE LENGTH BEARING of 36.0 et to the POINT OF BEGINNING. Contai ng ,996.00 quare feet or 0.0917 L287 100,15 N89'55'30"W acre . m e 0 I L2B8 669.62 50T15'04"E L289 65.05 N89'54'27"W L290 628.88 502"15'04"E AMDREW B. BECK, P.S,M. (FOR THE FIRM) L291 111.00 50T15'04"E flORIDA lIC. NO. 6065 L292 36.00 S87'44'56"W /o/eCJk 3- _ (DATE SIGNED) L293 111.00 N02'15'04 "W N / L294 36.00 N87'44'56"E NOT VAllO WITHOUT THE SIGNATURE AND THE '..- I I ORGINAl RAISED SEAl OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 143 0 25 ,. 100 200 CRAPHIC SCAlE PROJECt' NO.: 65061 PARCEL HI). : 739 COWER COUNTY DEPARTMENT Wil.Millei.'~"- OF TRANSPORTATION -'~'~'___'LMa:ooo_ .",,--~ ~,'" PRWaT NO..: ..... r-l..... _. __. T_ __!lito.... .___.__."'_.__ 10/200J N601S-0Q5-000 Sop 2:5, 2003 - l~:OJ:08 IIWotUREjX:\SUR\N80T ~\9ST odT OO.dwg ~ ~ \ I ~~ ~.I EXH'BIT_ - II ~~~~ rJ. psge28-of1n UllJ~V T t "A" 0 a 0 N CM;~~N COVE \ \ ;: ~ g 3M PLAT BOOK 39, PAGES I U >- ~ I ~ '.- I 24-25 \:S :!!O n., ,- I ~ F~r SIMP . ":;0 100 2.. -I I 20 B E. POC .. ~ LE GRAPHIC SCALE _ L __ -=t:l 10' p, ,E ';i! INTEREST _~ - Z L,r '0 <: 10' B.E. :::0 U 00 NOTES: NORTH LINE OF SECTION 34, ::::::: TOWNSHIP 48 S, RANGE 26 E ~~. u:; 1. This is not 0 survey. m 2. Basis of bearing is the West line of County Rood 951 (C,R. 951) being N 02'15'04" W, Florida -en I 0::: State Plane Coordinates NAD 83/90, East Zone. r-- U 3, Subject to easements, reservations and .j. g 1 restrictions or record. ~ ~ 4, Easements shown hereon are per plat, unless ... \ otherwise noted. 5. ROW represents Right-of-Way, RICHARD R. 3: 6. P.O.B. represents Point of Beginning. YUREWITCH 7, P.O,C, represents Paint of Commencement. O.R. BOOK 1533, v B. O.R, represents Official Records, PAGE 182 0 0 9, L.B,E, represents Landscape Buffer Easement. 1J') ~ I 10. U.E. represents Utility Easement. :-:::: 1 1. B.E, represents Buffer Easement. N I 12. P,U,E. represents Public Utility Easement. o \ 13, S,U.E. represents Special Utility Easement. S 89'54'58" E Z 60,05' POB g ! DESCRIPTION: ... I A portion of Section 34, Township 48 South, Range NORTH LINE OF THE SOUTH 1/2 I 26 East, Collier County, Florida, also being a portion OF THE NORTHEAST 1/4 OF THE of those lands described in O.R. Book I 191, Pages NORTHEAST 1/4 OF THE \ 1706- I 707 of Ihe Official Records of Collier County, NORTHEAST 1/4 g Florida; being more particularly described as follows: + .._ ~ Commencing at lhe Southeast corner of Tract '0", _ Camden Cove as recorded in Plot Book 39, Pages en 24-25 at the Public Records of Collier County, RUBEN A, c!c ROSA H. f' I Florida and also being the a point on the North, line HERNANDEZ ;; of Section 34, Township 48 South, Range 26 East; O,R. BOOK I 191, n I Ihence South 02' I 5'04' East, along the Westerly PAGES 1706-1707 ~ \ right-of-way line of County Road 951 (C,R. 951), ~ far a distance of 334,79 feet to the POINT OF w ~ BEGINNING; thence South 02'15'04" East, along the ~ Westerly right-of-way line of County Road 951, for (; 0 a distance of 334.79 feel; thence North 89'54'27" in 0::: West, for a distance of 60.05 feet; thence North :- I OZ' 15'04" West. along 0 line 60.00 feel Westerly of N 0 g I and running parallel with the Westerly right-of-way o 0 ~ line of County Rood 951, for a distance of 334,79 Vl .-4 ... \ feet, to a point located on the North line of the N 89'54'27" W "....... South 1/2 of the Northeast 1/4 of the Northeast 60,05' u:; 1/4 of the Northeast 1/4; thence South 89'54'58" m East, along the North line of the South 1/2 of the I Northeast 1/4 of the Northeast 1/4 of the ~ ~ I Northeast 1/4, far 0 distance of 60.05 feet to Ihe lug POINT OF BEGINNING, --- ... \ ..... Containing 0.46 acres, more or less. I \ ~ FEE SIMPlE 109 INTEREST \ <: + \ g ~ II ~ I \ ;J g I 0 ;t, (DATE SIGNED) I \ u '" \ ... NOT VALID WITHOUT THE SIGNATURE AND THE I ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB /143 _. PROJ(CT NO.' 65061 PAAC!l. NO. : 140 CUE"', COWeR COUNTY DEPARTMENT Wil.Miller-'~W- mu, s:;C:SPORTATION --.~.............. .1AIldocrpo- ,~.",~ .....,.Il~~;.~."- ..m PRO.J[CT NO, .....,&..... .....__._ _.,. _,..... __ 07/2003 N6015-005-000 Ju' II, 2003 - 10,29,38 KTIiOt.lPSO'X,\SUR\N601~\9~I.dlaa.d.9 _" _.__~,. __-' o..,~"" ...-_. II I EXHIBIT 4 ---- I PaQe--:5S. of \ \ 17 \ \ 1\1 II a \ ~ ~ I t- II (.) ~ 0 " "" 'DO 200 <t I GRAPHIC SCAlE Tract "A" \ I g: I ~ FEE SIMPlE CAMDEN COVE \ ~ INTEREST PLAT BOOK 39, PAGES ' 24-25 \ \ u ....... - 20' .E. ll) 0> -10' ,U.E. I II ~ NOTES: V> I u w 1. This is not a survey. " \ 1\ ~a: 2. Basis of bearing is the West line of County . 0 - Rood 951 (C,R. 951) being N 02'15'04" W, Florida \ \ pO~:G State Plane Coardinales NAD 83/90, East Zone. o~~~ 3. Subject to easements, reservations and eOON reslrictions or record. II f-:::EO I 4. Easements shown hereon are per plat, unless S89'SS'27"E (Sill otherwise noted, ~ I 5. ROW represents Right-of-Way. -1 60,OS' 0.. 6. P .0,8. represents Point of Beginning. 7, P.O,C, represents Point of Commencement. - -- 8. O,R. represents Official Records. -L-- 10' B.E. 9, L.B,E. represenls Landscape Buffer Easement. 10. U.E. represents Utility Easement, NORTH UNE OF SECTION 34, - - 11. B,E. represents Buffer Easement. TOWNSHIP 46 S, RANGE 26 E 12. P.U,E. represents Public Utility Easement. 13. S.U.E. represents Special Utility Easement. Z Ul I DESCRIPTION, 0 "l 0 I RICHARD R, ~ "l. A portion of Section 34, Township 46 South, Range YUREWITCH (Jl ~" O.R. BOOK 1533, 0 \ 26 Easl, Collier County, Florida and also being a PAGE 162 ~- portion of those lands described in O.R. Book 1533, :i Page 182 of the Official Records of Collier County, Florida; being more particularly described as follows: I BEGINNING at the Southeast corner of Tract "D", VI Camden Cove as recorded in Plat Book 39. Pages VI I 24-25 of the Public Records of Collier County, ;f- Florida and also being a point an the North line of PARCEL -...J Section .34, Township 48 South, Range 26 East; 142 <0. ~ \ thence Saulh 02'15'04" East. along the Westerly 0 right-of-way line of County Road 951 (C.R. 951), ~ for a distance of 334,79 feet, to a point on the South line of the North 1/2 of lhe North 1/2 of 0 the Northeast 1/4 of the Northeast 1/4; thence 0 I North 69'54'56" West, along the South line of lhe ....... ",,,'" "" '" '"' """ V I ..-.. I North 1/2 of the North 1/2 of the Northeast 1/4 OF THE NORTH 1/2 OF THE ....... of the Northeast 1/4, for a distance of 60.05 feet; NORTHEAST 1/4 OF THE \ ll) \ thence North 02'15'04" West, along a line 60.00 NORTHEAST 1/4 0> feet Westerly of and running parallel with the N89'S4'S8"W ~ Westerly right-of-way line of County Road 951 (C.R. 60.0S' 951), for 0 distance of 334.79 feel; thence South U 69'55'27" East, along the South line of said 0".,/ I Camden Cove, Tract "D", for a distance of 60.05 I ....... feet to the POINT OF BEGINNING. RUBEN A. &: ROSA 14, I ll) I 0> Coolo'o'o, 20.0~1 " 0."" o"~. HERNANDEZ \ O.R. BOOK 1191, \ ~ more or less.: k PAGES 1706-1707 0 Pi: . . t ~ I ANDREW B. BECK, P.S.M. (FOR THE FIRM) FLORIDA L1C. NO. 6065 I Z I /4Iy6~ ~ (DATE SIGNED) \ 0 \ U NOT VAliD WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. REVISED 10-13-03 - REVISED DESCRIPTION CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCEl. NO. : 142 CUDm COW~R COUNTY D~PARTMENT Wil.Miller-.~-- OF TRANSPORTATION TmB Arll,enda Item No, 10F -.BP-.__,~.~_.___-. SKITCH &: DESCRIP N May 25, 004 ~k (>>.1'[: PROJ[CT NO.: f89 _.""'Itw,_._,1\op _"'u.~..""__'__."'_' ___ 07/200:1 N6015-OO5-OOO sop 25. 200J - 15:OJ:09 Ilv.wURfl)(:\SUR\N6015\V51.d1oo.dwg _ - \ I ~XHI~IT A ~ \ In dge_ (JJ,~ T - 1\ \ N .\ \ ~ ~ .. ~ \ \ <z I ~ 0 25 50 100 200 ~ I ~ ~~~ Tract "A" \ \ \ ~ CAMDEN COVE U TEMPORARY PLAT BOOK 39, PAGES \ I CONSTRUCTION EASEMENT 24-25 i!i (DURATlON: 3 YEARS FROM ~ \ 2?' B E. I 0) COMMENCEMENT OF CONSTRUCTION) .:r'\ 10 P. .Eo ~ I ~ 1\ t5 NOTES: \ \ w Cf. 1. This is not a survey, . 15 . ffi 2. Basis af bearing is the West line of County .P()~~ ~. Road 951 (C.R. 951) being N 02'15'04" W, Florida \ \ u i5 '" ~ 8"" State Plane Coordinates NAD 83/90, East Zone. ~ 0 g N I Iii i5 3. Subject to easements, reservations and \ \ >- ~ m 15 ~ restrictions or record, () l- I ~ ~ 4. Easements shown hereon ore per plot, unless :s '" otherwise noted. 10' B,E.., POB JJ 0.. ~ 5. ROW represents Right-of-Way. _ --L _ _ 6. P.O.B. represents Point of Beginning, _ -r _ _ 7. P,O.C. represents Point of Commencement, I 8. O.R. represents Official Records. _ _ 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. NORTH UNE OF SECTION 34, 11. B.E. represents Buffer Easement. TOWNSHIP 48 S, RANGE 26 E 12. P,U.E. represents Public Utility Easement. S89'55'27"E 13, S.U.E. represents Special Utility Easement. 5.00' Z (f) 1 o 0 I DESCRIPTION: ~ ~ I I A portion of Section 34, Township 48 South, Range RIC~~RD R. (}l. (}l. \'. EXISTlNG \ 26 East, Collier County, Florida, being ~ p0rtion of ._ YU WITCH ~ 0 WEST those land.s. described in O.R. .Book 15::>.-, Page 182 . O.R. Bg~K 8~533, : ~: ROW LINE of the OffiCial Records of Collier County, Flonda; PA 1 :::E fTI being more particularly described as follows: PARCEL I / t BEGINNING at the Southeast corner of Tract "A", V. V Camden Cove as recorded in Plat Book 39, Pages 742 v. I I 24-25 of the Public Records of Collier County, ~ Florida and also being a point on the North line of -..J \ \ Section 34, Township 48 South, Range 26 East; <0. thence South 89'55'30" East, along the South line , . " ~ of said Camden Cove, for a distance of 5,00 feet: N89 54 58 W p:: thence South 02'15'04" East, along a line 60,00 5 00' feet Westerly of and running parallel with the , 0 I Westerly right-of-way line of County Rood 951 (C,R, o 951), for a distance of 334.79 feet. to it's SOUTH UNE OF THE NORTH 1/2 l...-t I intersection with the South line of the North 1/2 of OF THE NORTH 1/2 OF THE the North 1/2 of the Northeast 1/4 of the NORTHEAST 1/4 OF THE \ ~ \ Northeast 1/4' thence North 89'54'58" West along NORTHEAST 1/4 .,... , ' m the South lone of the North 1/2 of the North 1/2 of the Northeast 1/4 of the Northeast 1/4, for a ~ distance of 5.00 feet; thence North 02'15'04" West, . for a distance of 334.79 to the POINT, OF I ~ I BEGINNING. RUBE~E~'NtNDRiiSA H. l...-t I Containing 1,672.70 square fel1~ or 0.0384 acres, P%'Es'~~,c1~b; \ i \ ~" ~ '~~ I >- I ANDREW B. BECK, P.S,M. (FOR THE FlRM) I E-< I FLORIDA UC. NO. 6065 \ g \ /~y1;~ (DAT~ SiGNED) U NOT VALID WITHOUT THE SIGNATURE AND THE I I I I I I I' ORGINAL RAISED SEAl OF A FLORIDA UCENSEO . SURVEYOR AND MAPPER. REVISED 10/13/03 _ REVISED DESCRIPTION CERTlrlCATE OF AUTHORIZATION La #43 ,_ PROJECT NO. 65061 PARCEl. NO.' 742 CUEl<1': COLUER COUNTY DEPARTMENT . . _...."..._ OF TRANSPORTATION Wil.llille, mu, SKITCH '" DE:S~a Item No. OF _,~'SooI9Io'''''''' ~_, ~_ TEJIPORARY CONSTRUCTION EASEIIENrMay 25, 2 04 ",~~"~'T'" ClI.TE: PROJECT NO. 89 .......'"'"..... ...._ ._ _.'" _. _ __ 07/20OJ N6075-005-000 Sop :m, 1003 - 15.03~ IoIW.l\)RElX",SUR\Neo1S\iSloc1100.clwg - ---,",.-.. I I EXHIBIT~ 4 AU R. GHAHRAMANI, 1,1.0, ~ l1oe-6L of . O.R. BOOK 1422, PAGE I 1906 0 ~ 0 N 0 ~ ~ I ...... 0 ,-..... I ~ 0 25 50 100 200 ...... L() ~ GRAPHIC SCAlE m I ~ CURVE TABLE CAMDEN COVE ~ 0 CUlM lLNCTH AAOIUS DELTA T#IGDIf CHORD CHORD IlLW"C PLAT BOOK 39, PAGES 0 C2 ..~, =00 ' , '1:17 ..", 24-25 1\ '-' ...... CJ >0... ....00 17,Y1 JO.13 ...... L() 0 L() m NOTES: 1\ m I f- VI Cl I ~ 1. This is not 0 survey, 0 II L.J -< 0 2. Basis of bearing is the West line of County '-' Rood 951 (C,R, 951) being N 02'15""- W, Florida -<:( w< 0 g: >"- ~ Slate Plane Coordinates NAD 83/90, East Zone, . 0 - II pu~~ 3. Subject to easements, reservations and o~~.J- ~ restrictions or record, OOON Z 4. Easements shawn hereon are per plot, unless II ~::EO otherwise noled. t-;SCD ::> I 5. ROW represents Right-of-Way. ~ 0 6. P,O.B, represents Point of Beginning, II 0 I 7. P.O.C, represents PDint Df CDmmencement. "- 8. O.R. represents Official Records. - 20' BE. 9. LB.E. represents Landscape Buffer Easement. 10' P. ,E. 10. U,E. represents Utility Easement. 11. B.E. represents Buffer Easement. 12. P,U.E. represents Public Utility Easement. 13. S.U.E. represents Special UtiHty Easement. I DESCRIPTION; I A pDrtion Df the Access Easement & Drainage Easement 61, Tract "A", Camden Cove, os recorded in Plot Book 39, Pages 24-25 of the Public Records of Collier County, Florida; being more particularly described as fallDws: - I I Commencing at the NDrtheast CDmer of said Tract "A"; thence South 02'15'33" East, along the Easterly I line of said Tract "A", for 0 distance of 11.56 feet PARCEL II to it's intersectiDn with the North line of said Access Easement & Drainage Easement # 1 and the 743 II a POINT OF BEGINNING; thence continue along Easterly line of said Tract "A", South 02'15'33" East, for 0 f- distance of 69.00 feet to it's intersection with the II 0 Southeast corner Df said Access Easement & -<:( I Drainage Easement # 1; thence 34.53 feet along the g: I South lina Df said Access Easement & Drainage II Easement #1, and alDng the arc of 0 circular curve concave north having a radius of 538.(1[\ ;""el 1\ through 0 central angla of 03"40'40" and being .ubtended by a chord which bears North 89'58'14" West, for a distance of 34.53 feet; thence North Tract "A" II 0715'33" West, for 0 distance of 74,24 feet, to 0 pDint on the North line of said Access Easement & CAMDEN COVE I Drainage Easement #1; thence 35,14 feet along the PLAT BOOK 39, PAGES 24-25 II I North line of said Access Easement & Drainage Easement #1, and the arc of 0 circular rUN!" II I concave south having 0 radius of 469:00 .feet through 0 central angle Df 04'17'3J~and oeing subtended by 0 chord which beam South B j'24' 46" TEMPORARY East, for 0 distance of 35.13 feet to Jhe POINT OF CONSTRUCTION BEGINNING. '- (DURATION: 3 I Containing COMMENCEMENT OF CON I or less. -Ll0~E._ _ ---1 V ANDREW B, BECK, P.S,M.. (FOR THE FIRM) T--- flORIDA lIC. NO. 6065 /~d~l- (DATESIGl'lEb) ! RICHARO R. YUREWITCH O,R. BOOK 1533, PAGE 182 NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A flORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJ[CT NO.: 65061 PARCEl I<<), : 743 CUENT: COLVER COUNTY DEPARTMENT Wil.Miller-'~W- OF TRANSPORTATION TIll." SKETCH &: DESCR/!Jfi1m1da Item No, 10F -'~'~'--'~-'~c....- ORI\IEJVAY RESTORI.nON EASEJ,{Dff May 25, 004 ~tlc. DA.TE: PROJECT NO..: f 89 .....,..,....._._.- -...,IJOI..... '/liPo__ ,,.., _.",_. ___ 07/200J N6015-005-000 Sop 25, 2003 - l~;OJ;09 lAL\IjURfjX:\SUR\WSO 1 ~\S51.d' 00.dW9 --._------- u ~ \1XHIBIT ~ + INDIGO LAKES UNIT ONE <;( PLAT BOOK 34, PAGES ~ ,- age~ of--.- 76-84 I .- - [~'~~ g I ~ FEE SIMPlE N -- --. Tracl "A" ~ \ ~ INTEREST '.,I- I INDIGO LAKES DRIVE \ <: 0 25 50 \00 200 . -- . Z GRAPHIC SCALE I <: u NOTES: 8 I + ....... 1. This is not 0 survey. - - ~. \() " \ Q) 2. Basis of bearing i. the West line of County Rood 951 (C,R, 951) being N 02'15'33" W, Florida State "..... ~ Plane Coordinates NAD 83/90. East Zone. I -r-- U Subject to easemenb, reservations and restrictions l'-: 3. Tract "0-1" 0 or record. <D 0 I en I"') ~ I"') I 4. Eosements shown hereon arB per plat, unless I- otherwise noted, (.) w ! \ 5. ROW represents Right-of-Way, <c. 6, P.0.8. represents Point of 8eginning. ~ -,.,., 7. P.O.C. represents Point of Commencement. I"') 8, O,R, represenls Official Records, lO g. l.8.E. represents Landscape 8uffer Easement. AU R. GHAI~RAMANI, M.D. ~ '" 1 O. U.E, represent. Utility Easement. N " I O,R, BOOK 1422, PAGE 1906 11. 8.L represenls Buffer Easement. 0 12. P,U.E. represents Public Utility Ea.ement. Vl I 13. S.U,E, represents Special Utility Easement. POBi \ DESCRIPTION: S 89'49'14" E A portion of Section 27, Township 48 South, Range 60.05' 26 East, Collier County, Florida. 01.0 being 0 portion of those lands described in O.R. 800k \ 1422. Page 1906 of the Official Records of Collier County, Florida; being more particularly described North line of North 1/2 of I os follows: North 1/2 of South 1/2 of \ Commencing at the Southea.t corner of Tract Southeast 1/4 "0-1. os shown on In.digo Lakes Unit One . os recorded in Plot Book 34, Pages 76-84 of the -,,- Public Records of Collier County, Florida; thence South 02'15'33. East, alang the West right-of-way -00 I line of County Road 951 (C.R. 951), for 0 distance I"'; of 336.77 feet ta it's interseclion with the North PARCEL '<t 0 line of the North 1/2 of the North 1/2 of Ihe 0 I I"') i North 1/2 of Ihe South 1/2 of the Southeast 1/4 146 I"') .... \ and the POINT OF BEGINNING; thence continue -I"') Saulh 02'15'33. Easl, along Ihe West righl-of-woy I"') W line of Caunly Rood 951, for 0 distance of 334.78 -If} feet, 10 the Northeast corner of Tract .D", Camden ~ I"') Cove os recorded in Plot Book 39, Page. 24-25 N to of the Public Records of Collier County, Florida; 0 -;0 0 All R. GHAHRAMANI, M.D. c I Ihence North 89'55'47" West, along Ihe North line + O.R, BOOK 1422, PAGE 1906 Z ~ " of .aid Tract .D", for 0 distance of 60.05 feel; N " .... I thence North 02"15'33" West, along a line 60,00 0 N 89.55'47" W ! \ feet Westerly of and running parallel wilh the Vl Westerly right-of-way line of County Road 951 60.05' (C.R. 951), for a distance of 334,89 feet, to 0 10' 8.E. & P.U.E. -- point on the North line of Ihe Norlh 1/2 of the ...... North 1/2 of Ihe of Ihe South 1/2 of the \() 9 L---==F Q) Southeast 1/4; thence South 89'49'14. East, along .. Ihe North line of the North 1/2 of the North 1/2 la' S.U.E. 5' " I ~ of the South 1/2 of Ihe Southeast 1/4, for 0 20' B.E, ~ \ u I distance of 60.05 feet ta Ihe POINT OF BEGINNING, ~ "-' CAMDEN COVE \ \ ~ i=:: \ Containjng 0.46 acres. more or less. PLAT BOOK 39, PAGES ~c: .......00 24-25 . 0 - ~~~ po~Y-3 " 10' .... uQ::'::~ el- U aog'" <:0 I \ \ ~~CD 0'3 f- u.... Po:: I U \ \ :s ~ 0 7-1f}-03 (DATE SIGNED) <;( 0.. 0 \ + on 0::: Z '" NOT VAliD WITHOUT THE SIGNATURE AND THE " I- \ \ ::> ORGINAL RAISED SEAL OF A FLORIDA LICENSED 0 SURVEYOR AND MAPPER. U CERTIFICATE OF AUTHORIZATION LB #43 PROJECT ~O.: 65061 PNlCfi HO. : 146 CLIENT; COWER COUNTY DEPARTMENT Wil.nMillerM'~~- OF TRANSPORTATION ,- TITLE: SKETCH '" F _. ~. EcalogOIo,......' &.-..- .~...~ 4 ~hc. Dlt1[: Pfl(>JECT NO.' 9 .....,.,IIon.-.-.r..". _....u.o.....~__,__."'_._-- 07/200J N60' '-005-000 Jul 11. 2003 - 10:29:,38 K1HO,",PSO\X, \sun\NG015\951.dl aO.d"9 -_.-"-- -,---- -~.."-_. .- .."~ .---- ,- ~ I EXHIBIT --A 4 C> <{ INDIGO LAKES UNIT ONE ~ ' :7 Page ~3 - of.l;.f:L PLAT BOOK 34, PAGES 76-84 I N __ L.~~' ~ I - - ~ ~ c..:- I Tract "A" "0-1" ~ \ 0 0 ,,"" '00 200 INDIGO LAKES 1 : GRAPHIC SCAlE DRIVE ~ poc I z <: LINE BEARING D U :. I L23 N89'SS'47"W _.- '" ....... L24 S89'49'14"E ~ lD 10' L.B.E. m NOTES: ~ This is not 0 survey. \ p:: 1. 2. Basi. of bearing is the West line of County 0 U Rood 951 (C.R. 951) being N 02'15'33" W, Florida en '<0 I '" I + <0 ~ State Plane Coordinates NAD 83/90. East Zone. I-- II I I 3. Subject to easements. reservations and t") restrictions or record. (,) t") 4. Easements shown hereon are per plot, unless <{ otherwise noted. g: W 5. ROW represents Right-of-Way. D 6. P.D.B. represents Point of Beginning. u i-0 + 7. P.O.C. represents Point of Commencement. N '" 8. O.R. represents Officiol Records. t") ~ ~ : ;n I 9. L.B.E. represents Landscape Buffer Easement. AU R. GHAHRAMANI, M.D. ~ I 10. U.E. represents Utility Easement. N 11. B.E. represents Buffer Easement. O.R. BOOK 1422, PAGE 0 ~ \ 12. P.U.E. represents Public Utility Easement. 1906 U1 13. S.U-E. represents Special Utility Eosement. POB DESCRIPTION: I A portion of Sedian 27, Township 48 South, Range 26 East, Collier County, Flarido, also being 0 portion North line of the North I of those lands described in O.R. Book 1422, Page 1/2 of North 1/2 of L24 D 1906 of the Official Records of Collier County, South 1/2 of Southeast 0 Florida; being more particularly described as follows: . 1/4 0 ~ Commencing at the Southwest corner of Tract PARCEL "0-1", os shawn on Indigo Lakes Unit One, os 746 recorded in the Plot Book 34, Pages 76-84 of the a, I Public Records of Collier County, Florida; thence I South 02'15'33" East, along 0 line 60.00 feet ex) 0 ..j I ~ 0 I Westerly of and running parallel with the Westerly + t") 0 '" right-of-way line of County Rood 951 (C.R. 951), t") '" p:: ... for 0 distance of 336.66 feet to it's intersection ~ with the North line of the North 1/2 of the North 't") W 0 1/2 of the South 1/2 of the Southeast 1/4 and 0 the POINT OF BEGINNING; thence continue along a t") ....... ;n t") line 60.00 feet Westerly of and running parallel with t") 0 the Westerly right-of-way line of County Road 951 All R. GHAHRAMANI, M.D. ~ I ..--.. 0 I If) ....... ~ (C.R. 951), South 02'15'33" East, for a distance of O.R. BOOK 1422, PAGE 0 1.0 '" N I m ... I 334.89 feet, to 0 point on the North line of 1906 Z 0 Camden Cave, as recorded in Plat Book 39, Pages U1 ~ 24-25 of the Public Records of Callier County, Florida; thence North 89'55'47" West, along said L23 U North line, far a distance of 5.00 feet; thence North '-' 8 02'15'33" West, for 0 distance of 334.90 feet, to a ....... + point an the North line of the North 1/2 of the ... 1.0 ;!! I North 1/2 of the South 1/2 of the Southeast 1/4; S.U.E. m 20' B.E.-II I thence South 89'49'14" East, along the North line Q ot the North 1/2 at the North 1/2 of the South VI ~ 1/2 of the Southeast 1/4, for 0 distance of 5.00 w CAMDEN COVE \ I '-' 0 feet to the POINT OF BEGINNING. PLAT BOOK 39, PAGES ~~ p:: 0 0 24-25 08mU1 ~ .t 10' P.U.El1 . ,.,'" ;!! _Z I UW~....,.. Z C> 000", II .=~g 0 I , P.s. . (FOR THE FIRM) I-- u 0 FLORIDA L1C NO. 5834 3 U 1 U I 8 7 - f fj -0 '7 (DATE SIGNED) <{ n. \ .. ~ on ~ NOT VALID WITHOUT THE SIGNATURE AND THE CON~ TJON MENT ORGINAL RAISED SEAL OF A FLORIDA LICENSED (DU : 3 FROM SURVEYOR AND MAPPER. COMMENCEMENT OF CONSTRUCTION) CERTIFICATE OF AUTHORIZATION LB #43 PItOJECT triO..: 65067 PARCEl NO. ; 746 CU[Nl: COLLIER COUNTY DEPARTMENT Wils;nMillei~-~~~ OF TRANSPORT AnON TITlE; F -. . --. ' -- . ......... ' "...."..""'^'"'" . "-- """"- 4 It1oonWor, M .....I'wtJtw._._.,_ ll<TL PROJ[cr NO.: 9 ""'............ ......-_.,.. _'FM _. _ ___ 07/200J N60/5-oo5-ooo Juf 11. 2003 - 10;29:.36 KTliOMPSOIX; \SUR\N60 1.5 \9~.1 sd 1 OO.d....1} I , + EXHIBIT A '" I I ,~ < ., 0 0:: Page.Ql of~ I 0 -10 r; "-en \ ,II) - ~I 0 N z~ 0 :JII) . 0 0 \ UVl '" ~ .... 0::'-' I I 0 w< :JCl. p:: 0 25 50 100 200 -I I GRAPHIC SCALE o ' I u~ ~ II) 0 \ ~ ...~ \ 0 0 z .. al>< 0 ~ CURVE TABLE 0 0::0 '" U <0 OlD CUR\/( lENGni RADIUS OUTA '''''GOO CHORO CHORD BOOING III ....... " 4'.J DO " , ll-32 ., ri 1O ...J' I 00 I (J) NOTES: 0 :r: I EXISTING ~ I u' FEE SIMPlE p:: 1. Th;s is not 0 survey. Vl INTEREST WEST g; \ u rw ",,' 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida Stale Plane Coordinates NAD 83/90, East Zone. I ~ 8 3. Subject to easements, reservations ond I restrictions or record. I p:: ~ I 4. Easements shown hereon ore per plot, unless "- a \ otherwise noted. 0 ....... 5. ROW represents Right-of-Way. ,.-.. 6. P ,0.8. represents Point of Beginning. ....... 0 7. P.O.C. represents Paint of Commencement. 1O 0 8. O.R. represents Official Records. (J) .t - - --]- - '" I 9. L.B.E. represents Landscape Buffer Easement. ... 10. U.E. represents Utility Easement. 20' L.B.E. p:; I a u DESCRIPTION: .......... \ I-- A portion of Tract "A", Indigo Lakes Drive, Indigo (,) ..... INDIGO lAKES UNIT ONE lD g Lakes Unit One, os recorded in Plat Book 34, PLAT BOOK 34, PAGES 76-84 <{ (J) j; Pages 74-84 of the Public Records of Collier ~ ~ County, Florido; being mare particularly described Q \ as follows: S 89'56'00" E ~ ".-.' 0 BEGINNING at the Southeast carner of Tract "A", 11~U,~ 23.48' _._ch p:: I Indigo Lakes Drive; thence North 89'56'00" West, - -- - W ~. \ along the South right-of-way line of said Tract , "A", Indigo Lakes Drive, for a distance of 60.05 r'1Q ~lo Z ~ feet: thence North 02'15'33" West, along 0 line !'1 r--: :::J 60.00 feet Westerly of and running parallel with Lor-: l/) l/) 0 the Westerly right-af-woy line of County Rood ---.-:--,,:: :- r'1 U 951 (C.R. 951), far 0 distonce of 111.10 feet, Tract "A" N~ I INDIGO LAKES 60.00' to a paint an the North right-of-way line of DRIVE 0 I said Tract "A", Indigo Lakes Drive; thence South 0 - - - + 89'56'00" East, along the North right-of-way .. ~ \ line of said Tract "A", Indigo Lakes Drive for 0 to' l.B.E. POB distance of 23.48 feet; thence 46.03 feet along the arc of 0 circular curve concave northwest ...... having a radius of 38.00 feet through a central I angle of 69'24'23" and being subtended by a I 8 I chard which bears North 55'21'49" East, along en N 89'56'03" Wi ;J; the Northerly line of said Tract "A", Indigo Lakes I-- en 60,05' I a ~ I Drive, for 0 distance at 43.27 feet, to a point 0 (,) q~ I-- located on the Westerly right-of-way line of <{ ::Ow \ (,) \ County Road 951 (c.R. 951); thence South ...:'-' 02'15'33" East, along the Westerly right-of-way ~ z< <{ line of County Road 951, for 0 distance of <11. ~N ~ 8 135.75 feet, to the POINT OF BEGINNING, O::t'< .. :r:.... .... I Containing 0.16 acres, less. ~~ I ~ '-'l>< I rig I lD \ :J, \ <rx; 0 2 7-/7-0) ~ (DATE SIGNED) '" ... I NOT VALID WITHOUT THE SIGNATURE AND THE I ORGINAL RAISED SEAL OF A FLORIDA LICENSED I SURVEYOR AND MAPPER. I CERTIFICATE OF AUTHORIZATION L8 #43 PROJECT NO.: 65061 PARCEl NO. ~ 148 CUEto'T: COLLIER COUNTY DEPARTMENT _. Wil.M/ller'~'~~- OF TRANSPORTATION mu:: SKETCH &: _'~.I!c%GiIII,_,~-,_...~ ~,~ QAT[: PROJEcT NO.: -, ""'.....-. -.,... ..".,LoooMoD 'lIP<__,__.IIIl_' --- 07/2003 N60lS-00S-000 Jul 09, 2003 - 10:59;15 Iffila~ psaIX:\SuR\N60 15\95 1.d 1 00.dW9 --- ~.~, _..-,..--'-'" ~-',._- .-,'-"-- EXHM <> I TEMPORARY ~ ~ CONSTRUCTION EASEMENT 0 I Page to of ~ '" (DURATION: 3 YEARS FROM 0 I COMMENCEMENT OF CONSTRUCTION) ~ p:: r; ir W- 0 0 '" -'0 0 "-m 0 ;. .it) (-~ ~J, ....... '" Zco --- ~ I ::>L() I ..... 0 ~ UUl LD w I (J) I 0 oo~ p:: 0 2. .0 100 200 w< GRAPHIC SCALE ::;n. o \ ...J' p:: 'i- ....:l o ' U~ . " ~ NOTES: "-~ 2.~ z 0 ~ 1. This is not a survey. ~6 ..... u LD I <0 I (J) ....... 2. Basis of bearin9 is the West line of County 000 lD Rood 95i (C.R. 951) being N 02'15'33" W, Florida !D ci a I I Q <> (J) State Plane Coordinates NAD 83/90, East Zone. 50 ~ ~ 0 \ 0 en \ I "- p:: 3. Subject to easements, reservations and u p:: U restrictions or record. Ul >< E-< 4. Eosements shown hereon are per plat, unless Z otherwise noted. I ;:J ,~ I '" 0 . 5. ROW represents Right-of-Way. '" I u .. I 6. P.O.B. represents Paint of Beginning. "- 7. P.O.C. represents Paint of Commencement. EXISTING \ 8. O.R. represents Official Records. 20' LB.E. WEST 9. LB.E. represents Londscope Buffer Easement. ROW LINE 10. U.E. represents Utility Easement. D '" + , -- - -- "- --r- o. I "- INDIGO LAKES UNIT ON I DESCRIPTION: PLAT BOOK 34, PAGES 76 84 a I-- \ A portion of Tract "A", Indigo Lakes Drive, Indigo PARCEL Lakes Unit One, os recorded in Plat Book 34, C> a Pages 74-84 of the Public Records of Collier 748 <:) <{ J, County, Florida; being mare particularly described S g' 6'00" E ~ ~ ~ os follows: 48. 4' I Commencing at the Southeast carner of said J ~ u.~_ I Tract "A", Indigo Lakes Drive; thence North 89'56'OO" West. along the South right-of-way '" I line of Tract "AU, Indigo Lakes Drive, for a '" distance of 60.05 feet to the POINT OF + '" BEGINNING; thence continue along the South r'1- ~ r'10 right-of-way line of .aid Tract "A", Indigo Lakes -___....In.-::-. Drive, North 89'56'00" West. for a distance of Tract "A" ~~ 48.54 feet; thence North 02'15'3;\" West, far 0 INDIGO LAKES N:: I distance of 111.10 feet, to a point of the 0 North right-Of-way line of said Tract 'A", Indigo ORNE I Lakes Drive; thence South 89'56'00" East, - __u_ \ continuing along the North right-of-way line of 10' said Tract "AU, Indigo Lakes Drive, far 0 ~ distance of 48.54 feet; thence South 02'15'33" I N 89'56'00" ~ East, along the line 60.00 feet Westerly of and running parallel with the Westerly right-of-way 48,54' I '" I line of County Rood 951 (C.R. 951), far a en m I 0 <> distance of 111.10 feet to the POINT OF 0'" a ~ I BEGINNING. I-- ~~ I .... o ...:~ I-- I Containing 0.12 acres, more or less. <{ ~~ 0 ::> <{ ~ ~N ~~ ~ 8 :r:~ + ~'" ~ I ft ,0 I 000 00 I :i. I <0:: 0 1 8 7 -/Ij-O} (DATE SIGNED) + ~ NOT VALID WITHOUT THE SIGNATURE AND THE ---.-------__J I ORGINAL RAISED SEAL OF A FLORIOA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PRQ.,t'CT NO.: 65061 PARCfi NO. : 748 ctlOO; COlliER COUNTY' DEPARTMENT Wils~nMiller-'~~- OF TRANSPORTATION llTlE SKETCH &: OE'~~arIt No 10 _.~.""""""".-..~_.~~ ~AY RESTOR,#, em. ~... OAT[: PROJfCT ND.: .....1irf~'_._.r.... .....lMo....IIPo-_.__.rv_. _ ...__ 07/2003 N6015-005-000 Jul 09, 200.' - IO:~9,'5 KTHOlAPSajX:\SllR\"GO 15\95 1 50 I ood.9 ".... N NOTES: [II >. - N~ 0 l w'1 3f ~ -<t 1. This is not a survey. VlOO -~Vl ~ III f ::J t5 2, Basis of bearing is the West line of County o..~ :Ew~ Road 951 (CR. 951) being N 02"15'33" W, Florida ._ ~ Cl ~:':8 _ State Plane Coordinates NAD 83/90, East Zone. ~~ ~ 0 ~ _ '_ ffi: 3. Subject to easements, reservations and w ~ I ~ 0 restrictions or record, 6:.: '<t P:ffig ~ g L() () ~ 1-0 4, Easements shown hereon ore per plat, unless ffi [II I-- e ~ otherWise noted, -'1-00 t- a.. liS:5 ...J 5, ROW represents Right-of-Way. ~o.._ 6. P.O,B, represents Paint of Beginnirn 7, P.O,C, represents Point of .Cam!"....)~..ment. 8. O.R. represents Official Records. !>- 9, l.B.E, represents Landscape Buffer Easement. o 10, U.E, represents Utility Easement, ~ I LINE TABLE g I LINE LENGTH BEARING FEE SIMPLE ... L193 65.05 N89'56'06"w INTEREST -- r7 L194 667.50 N02'15'33"W LO L195 65.05 S89'56'21"E 0) L196 667.50 SO'15'33"E ~ DESCRIPTION: <3 ~ I ~ A portion of Section 27, Township 48 South, a: ,~ Range 26 East. Collier County, Florida, olso go'" ~ being a portion of those londs described in O.R, u. Ol lD \ -< Book 1579, Pages 589-590 of Collier County, ~'1 0> Z Florida; being mare particularly described as z ~ A -< fallows: ~I!l -< u 8 VI 0 BEGINNING at the Sautheost corner of Tract 0:: t5 r ~ I LO "R-l", Pebblebrooke Lakes, as recorded in Plat ~ ~ to 0> Book 30, Pages 4-12 of the Public Records of <5 _ ~ ~ I Callier County, Florida; thence South 02'15'33. u ~ z Ii East, along the Westerly Right-of-way line of u. ~ ::> \ " County Road 951 (C.R. 951). far a distance of o :.: 0 U 667,50 feet, to the Northeast corner of Indigo ~ 8 u Lakes Unit One, as recorded in Plat Book 34, < [II Pages 76-84 of the Public Records of Callier -. g , County, Florida; thence North 89'56'06" West, ...J ~ I along the North line of said Indigo Lakes Unit 80 One, far a distance of 65,05 feet; thence North ::J: I 02'15' 33" West, along a line 60.00 feet Westerly ~ of and running parallel with the We~~ 0 ". \ right-of-way line of County Road 951, for a distance of 667,50 feet, to the South line of said Pebblebrooke Lakes Phase 2B; thence South 89"56'21. East, along the South line of said Pebblebraoke Lakes Phase 2B, for a I distance of 65,05 feet to the POINT OF BEGINNING. 20' \ ~:;;~~ZI'O' 0996 ANDREW B, BECK, P,S,M, (FOR THE FIRM) - - I - - I flORIDA UC, NO. 6065 a I /qJ~ i- (DATE SIGNED) I-- \ NOT VAliD WITHOUT THE SIGNATURE AND THE (,) ORGINAL RAISED SEAL OF A flORIDA UCENSED INDIGO lAKES UNIT ONE SURVEYOR AND MAPPER. ~lAT BOOK J4, PAGES 76-84 ~ \ CEIlTlnCATE OF ",","'ZA.0"4 ,,, _ \ ~ l.{' I o 2~ MI 100 200 REVISED 10-13-03 - REVISED DESCRIPTION GRAPHIC SCALE ._. PROJECT NO" 65061 PAIlCQ. NO, '149 CUENT, COLUER COUNTY DEPARTMENT .. . _...."..._ OF TRANSPORTATION Wil.Miller n= SKE:rCH ct DESC~3~da Item No, OF _.~'&dollIoIt.___.~_.~- May 25, 04 ....I'Irl~~.~,_ OAT[; PflOJECT NO' 89 ....,a.....D'__--.--.IiIJHOf7'--- 07/200J N6015-005-000 SlIp 2', 2003 - 1':03,011 lllAWURfjX:\SUR\N501'\V'1oct100.dwg --_.~,_. --". - --J NOTES: Ol II) 1. This is not a survey. '0 2. Basis of bearing is the West line of County Road 951 (CR. 951) being N 02"15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone, CD N ~ 3. SUbject to ecsements, reservations and ~ ~ ~ 1 restrictjons Dr record. it Ul 0 4. Easements shown hereon are per plot, Ul ~ P:: H unless otherwise noted. w< ~ ?5 n.. 0 Z 5. ROW represents Right-of-Way. w~ 0 < 5 "" ~ ~ ..... I u 6. P.O.B. represents Point of 8eginning. 00 ~Ul I ,-.. I....... ~ l6 I w.... .... lD 7, P.O.C, represent. Point of Commencement. ~ 'O""v> lD (J) ffi ~ 1. :5 ~ (J) \ 8. O.R. represents Official Records. wn. ~~n. _ n. .- 0 , p:: ...... ~o 0 r ~ U DESCRIPTION: OCr') '-" . m ____ "I ~ 5 I A portion of Section 27, Township 48 South, P: \il 0..... Range 26 East, Callier County, Florida, also .... w m ~ I being a portion of those lands described in O.R. g n. ~ Book 1579, Pages 589-590 of Callier County, .= n. A Florida; being more particularly C' '.' :oed as < fallows: o P:: Commencing ot the Southeast corner of - - Pebblebrooke Lakes Phase 2B as recorded in ~ Plat Book 33, Pages 57-58 of the Public Z Records of Collier County, Florida; thence p ,O,C::> N.89'56'21 "W, along the South line of Pebblebrook Lakes Phose 28 a distance of 5.00 P,Q,B 8 feet to the POINT OF BEGINNING; thence South I 02'15'33" East. along 0 line 65.00 feet Westerly I of and running parallel with the Westerly I I Right-of-way ,line of County Road 951 (C.R. EXISTING 951), for a distance of 667.50 feet; thence I WEST \ North 89'56'06" West, for a distance of 5.00 ROW LINE feet; thence North 02'15'33" West, for 0 V distance of 667,50 feet, to its intersection with the South line of said Pebblebrooke Lakes Phose 2B; thence South 89'56'21" East, along I said South line, for a distance of 5.00 feet to the POINT OF BEGINNING, 1-70.00' I Containing 3,334,76 square feet or 0.0766 \ \ """.. m", "' ".. ~~ I I tlr44 I I ANDREW B. BECK, P,S.M, (FOR THE FIRM) I . TEMPORARY \ FLORIDA L1C. NO, 6065 CONSTRUCTION EASEMENT ~ jp, (DURATION: 3 YEARS FROM /'9 i Y (DATE SIGNED) COMMENCEMENT OF CONSTRucn ) NOT VALID WITHOUT THE SIGNATURC~:-;!J THE I ORGINAL RAISED SEAL OF A FLORIDA LICENSED I SURVEYOR AND MAPPER, 4 I I C",""C^" 0' A"',O"ZA,,"' " *" N \ \ LINE TABLE I I LINE LENGTH BEARING ~- I ~ I I L197 5.00 N89'56'21"w o 25"'00 2OO....J \ L198 667.50 S02'15'33"E GRAPHIC SCALE 0 L199 5.00 N89'56'06"W CN L200 667,50 N02'15'33"w L201 5.00 S89'56'21"E L199 ----- I REVISED 10-13-03 - REVISED D S RIPT ON PllOJ[cr NO, 65061 749A cutHT, COLUER COUNTY DEPARTMENT -..."...- OF TRANSPORTATION ___,!,!/~!'1.!!!I!!-~ ~ ~H~~a~~~2~~ g~ .....IW~.~,""'" oor: PROJeCT NO, C!eE!' 89 ......,u.o...........__.__....._.___ 07/2ooJ N607S-ODS-OOO ';l[-8 2 Sop 25, 2003 - 15:O3:0~ IolLAllURE!X:\SUR\NDOI5\951odIOO,dw9 NOTES: CD \ ,. This is not a survey. N ~ ,..... N r7 2, Basis of bearing is the West line of County w I ~ '1 Road 951 (C.R. 951) being N OZ'15'33" W, Florida _ 'i ';;:; 3f ~ ~ State Plane Coordinates NAD 83/90, East Zone. 0..", o5~ \ '" ~ 1- CI 3. Subject to easements, reservations and ~ a: ~~ a: \ restrictions or record. ~ iio - w,..; ~~ g ~ ~ 4. Easements shown hereon ore per plat, unless '" '" '~ffi '" P;: P;: alherwise noted. 85 ~ffio a\ g , aJ g 0 \...:l 5. ROW represents Right-of-Way. w ~w -< ....., oD.!;{: 0 ~ P 't f B . . CD ~ ~..J..... \ 6, P.O,B, represents OIn 0 eg,nnlng. ffi n. ...... 0.... n. -::;- U 7. P.O,C. represents Point of Commencement. It) ..... C>> It) 8. O,R, represents Official Records, C>> _ _ _ _ _ P;: 9. L.B.E. represents Landscape Buffer Easement. , P;: U ' '-" U DESCRIPTION: ;r; i..: portion of Section 27, Township 48 South. (J) Range 26 East, Collier County, Florida, also I 1 being 0 portion of those lands described in O.R. :::; A Book 1579, Pages 589-590 of Collier County, o \ -< I Florida; being mare particularly described os v. \ g \ fallows: Commencing at the Southeast corner of POB ~ Pebblebraake Lake. Phase 28 as recorded in Z Plat Book 33. Pages 57-58 of Callier County, ::> Florida; thence N89'56'2'"W. along the South \ 0 I line of Pebblebraoke Lakes 28, a distance of U 5,00 feet; thence South 02'15'33" East, along a I I line 65,00 feet Westerly of and running parallel E~~~G \ with the Westerly Right-of-wa~ line of County \ ROW LINE Rood 951 (C,R. 951), for a distance of 197.23 feet to the POINT OF BEGINNING; thence ! continue along said line, South OZ'l ~'.?,:~.: ,East. for a distance of 125.00 feet; thence South 8/44'Z7" West, for a distance of 56.00 feet; , thence North OZ'lS'33" West. far 0 distance of _ 125.00 feet; thence North 8/44'27" East, far a I I distance of 56.00 feet to the POINT OF BEGINNING. \ \ Containing 6,999.92 square feet or 0,1607 acres. more or less. I I I I OR THE FIRM) A \ \ q-)''1-0j (DATE SIGNED) T NOT VAUD WITHOUT THE SIGNATURE AND THE ~ I ORGINAL RAISED SEAL OF A FLoRIDA LICENSED ];'I , SURVEYOR AND MAPPER, ~ I '5' I CERTIFICATE OF AUTHORIZATION LB #43 o .. 5O'DO 200 "\ \ GRAPHIC SCALE ~ _ _ _ _ _ _ LINE TABLE \ ' LINE LENGTH BEARING a I L20Z 5.00 N89'56'21 "w \ L203 197.23 S02'15'33"E I-- L204 125,00 SO. 2'15'33"E (,) L205 56.00 .~Q.,"-H'27"W <{ L206 125,00 N"02'15'33"W TEMPORARY L207 56.00 N8/44'27"E CONSTRUCTION EASEMENT ~RAnoN:3YEARSFROM COMMENCEMENT OF CONSTRUCTION) _ .......cr NO.' 65061 """"a. NO. '7498 C\JO/T: COLUER COUNTY DEPARTMrnT . . _..,....._ OF TRANSPORTATION Wil.Miller ~ SKETCH de DESCRIAwRnda Item No, 10F -.BsNn'__......"...~.--.~~ DRNfWAY RESTORAnON CASDlOIT" May 25, 004 ."...IlII~='.~.,.. DAlt, PROJECT NO.' f 89 .Mrl.olt,........--.--."'-.--- 07/2ooJ N6015-oo5-000 812 Sep 24. 2003 - 14:17:05 t.VJoIURE!X:\SUR\HS015\951od1oo,dwv ~~ 4 ~VlI IW'<t Ltl o~~ ~ I Cl 0 a. Vl II) 1: W ~ p:: w "'''' ~Cl II) a::o - ~ ~~ ~~g 0 ~ :'5 f-.- . CD 0 ~6~3 ~i~: ~ I I II) @ 8 u a. 1-..... ';;= 0 25.. 100 200 f--- CD rn ~:'5 ~ 0 GRAPHIC SCALE OWl- a. v. -J m~ PO P:: LINE TABLE - --l>J_ ~ H a. D < LINE LENGTH BEARING '-" ~ L208 5.00 N89'S6'2 i "1'1 ...-t D L209 591.66 S02'15'.33"E \0 L210 75.84 S02'15'33"E (J) ~ L211 40.03 N89'56'06"W I A I 0) L212 74.22 !'-:02'l,)'33"W <0 ' L213 40.00 N8,'44'27'E I \ P:: P:: U NOTES: I ~ 1. This is not 0 survey, S 2. Basis of beoring is the West line of County o Road 951 (CR. 951) being N 02'15'33" W, Florida \ U I State Plane Coordinates NAD 83/90, East Zone. <: ~ I I 3. Subject to easements, reservations and ~ g \ E~~~~G \ restrictions or record. c''? ROW LINE 4. Easements shown hereon ore per plot, unless 'Z ~ !:; V otherwise noted. ::>Ltl 0 8 Vl <0 S. ROW represents Right-of-Way. 0:: ~ I 6. P.O.B. represents Paint of Beginning. \!,! ~ 7, P.O.C, represents Point of Commencement, ::J _ I I B. O.R, represents Official Records. 8 ~ ~ L 9, L.B.E. represents Landscape Buffer Easement. ~ ~ DESCRIPTION: '" TEMPO ~ 8 CON UCT! EAsEMENT A portion of Section 27, Township 48 South, Range C3 rn U :nON: 3 S FROM 26 East, Collier County, Florida, also being a ID ci COMt.FeNC MENT 0 CONSTRUCTl) portion of those lands described in O.R. Book 1579, -' ci I I Pages 589-590 of Collier County, Florida; being 8 more particularly described os fallows: ~ I I ~ Commencing at the Southeast carner of I I Pebblebrooke Lakes Phose 2B os recorded in Plat Book 33, Pages 57-58 of the Public Records of Collier County, Florida; thence N.89'56'21 "1'1, along the South line of Pebblebroake Lakes Phase 2B, a distance of 5.00 feet; thence South 02'15'33" East, I I along a line 65.00 feet Westerly of a".}..,.tJnning parallel with the Westerly right-of-woy line of I I Country Road 951 (C,R, 951), for a distance of 591.66 feet to the POINT OF BEGINNING; thence \ continue along said parallel line South 02'15'33" East, for a distance of 75.84 feet, to its intersection with the Northerly line of Indigo Lakes Unit One, as recorded in Plat Book 34, Pages 76-84 of the Public Records of Callier County, - - - - - I Florida; thence North 89'56'06" West, along the North line of said Indigo Lakes Unit One, far 0,. a I di.tance of 40,03 feet; thence North 02'15'33" West, far a distance of 74,22 feet; thence North I-- \ 8744'27" East, far a distance of 40,00 feet to the (,) POINT OF BEGINNING, INDIGO LAKES UNIT ONE PLAT BOOK .34, PAGES 76-84 ~ square .feet or 0,0689 acres, ~ I .~ I ANDREW 8, BECK, P.S,M. (FOR THE FIRM) - - - - - - \ FLORIDA UC, NO, 6065 /q,6"J.h:J--- (DATE SIGNED) _ NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. REVISED 10-13-03 - REVISED DESCRIPTION CERTIFICATE OF AUTHORIZATION LB #43 REVISED 09 24 03 PROJECT NO, 65061 P!oRCD. NO. : 7490 cuoo: COLUER COUNTY DEPARTMENT . . -.........- OF TRANSPORT AnON Wil.Miller n= SKETCH de DESC~Gmda Item No. OF _.a.-...'~.-.-..~_._C>nur_ DRJIoEWAY RESTORATION CASEJlOfT May 25 2 04 IIIoc:nYIr. tic:. '. ' ....../Oi....._,_'.... ",rr: P"",",CT NO.: e" 89 -..,tooo........__,__,,,,_.___ 07/200J N6015-005-000 C-82 50p 25, 2003 - 15:03:0g IolWolURflX;\SUR\N6015\95hdl00,dw9 - ...~,... I 4 EXISTING WEST "- ROW UN r; FEE SIMPlE ~ INTEREST N I-- o I ~ ~ I 0 g ~ ~ I I \ ':;i! 0 ,. $0 100 200 _ g ~ GRAPHIC SCALE ~ ~ U I <.) \-- -::;- I ~ 10 10 I-- ____N...., I(J) <.) ~ ~ y. -<( t'") ~ Vl ~ ' \' LINE BEARING 0:: c.o l. ~ Vl ~ P:; L243 N8T44'29"E ~ I-- ?:5~ U u L244 N89'56'21"W o L"'< '-" -.J .Q'~ 0.. 0<0 ' ~ - ~g g 10 I t_e3~ m I..JO I P:~g ~ -ult..., 0 \ NOTES: en ~:5 ~ C'l I- 11. 1. This is not a survey. lJJ <.) ~ 2. Basis of bearing is the West line a' ('C'. ~ty If) CO I-- Z; I Road 951 (C.R. 951) being N 02'15'31. W, Florida <{ If) <.) ::JO State Plane Coordinates NAD 83/90, East Zone. :r: -<( - I Q. ~ g: c.o U 3. Subject to easements, reservations and If) I-- \ restrictions or record. [J 3 4. Easements shawn hereon ore per plat, unless ,.... If) otherwise noted. -"'-lJJ c.o <{ <..) 5. ROW represents Right-of-Way, ",_ -l <{ I-- I 6. P.O.B, represents Paint of Beginning. \. , Q. 3 I 7, P.O.C, represents Point of Commencement. L.1...I 8. L.B.E, represents Landscope Buffer Easement. ~ ~ Ol z \ 9. U,E, represents Utility Easement o 1"') l() U1 1 D. C,U.E, represents County Utility Easement. o 1") I-- 0 0 11. S.W.E, represents Sidewalk Easement. 0::: 0 "l"l en ~ U; U; DESCRIPTION: UjL.1...l CG - cL l() (.,.j (.,.j I The Easterly 10,00 feet of Tract B-2, as 1--; Pebblebroake Lakes Phase 2B, according to the "" O:E JT\ I Plat thereof, as recorded in Plat Book 33, L.1...I Pages 57-58 of the Public Records of Callier ~ County, Florida; being more particularly described '-'- as follows: BEGINNING at Southeost corner of said Tract I B-2 Pebblebraoke Lakes Phase 2B; thence North 89'56'21" West, along the South line of said Tract B-2, for 0 distonce of 10,01 feet; thence North 02'15'31" West, far 0 distance of 687,80 feet, to it intersection with the North line of Tract 8-2; thence North 87'44'29" Eost along said North line, for 0 distance of 10,00 feet, to the Northeast carner of Tract B-2; thence South 02"15'31" East, for Q di~tance at 668.21 feet to the POINT OF BEGINNING: ' Containing 6,860.07 sq, feet or 0,1579 acres, . more or less, FIRM) /0 - 7 - 0) (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAl RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, _ CERTIFICATE OF AUTHORIZATION LB #43 l POO.lECf ""-' 65061 PARea NO, '150 CUENT, COLLIER COUNTY DEPARTMENT Wil.Millel.'~~- ~ OF TRANSPORTAT10N _..... .8:ooIagIIIo'~'''''''''- ,~~ ,.,.. fort~='.t;;,..., r... '>I"", PROJ[t'f NO.' ......,1?0o..... ....__ ,_ _'IiI_' _ -- 07/2ooJ N6075-oo5-000 Sop 2~ 2llO3 - 15:OJ,~ lolUoIIURElX:\SUR\NIIOIS\iSlldlOO,dw9 ..~.~.., "_._.~." .. .-.---..- t'... ~ 4 I U N I f- i u ~ '.- I <:( /'<) \ g: to ~ 0 f- 0 (Y; 0 .. "" 100 200 a (Y; ~ GRAPHIC SCALE -J 0 I ~ 0 - t) l248 ,,-.... I - - G It) \ lD en .-. N (j) (J) N89'56'21"W ^ C'\j o I N89'56'21 "W ~Vl. to IW ~ ~ N02'15'31"W Lw -SVl o W U N8T44'29"E V) co l- f- I <.> t) a 1:w< '--" I S02'15'31'E <{ Lf) U -J "'>' Q. ::c\<:( ~ ~go ..... I Q f'-. ~ to 0::1') lD NOTES: .-f9~ (J) \ V)LO I- 1-'0 1, This is not 0 survey. a 0::000 ~ -J . CIlCIl LwV) ~W 2. Basis of bearing is the West line of County uQ.t- 0 ~Lw to ~ :5 p:: Road 951 (C.R. 951) being N 02'15'3'" W, Florida <{c..') t- Q. State Plane Coordinates NAD 83/90, East Zone, --J<{ f- ~ I LwQ a 3, Subject to easements, reservations and -J Z I restrictions or record. ~ CJ) ::> \ 01"') L!) 0 4. Easements shown hereon are per plat, unless Qt'<) l- t) otherwise noted. 0:: a cna:i 5, ROW represents Right-of-Way, Lw, 6. P,O,B. represents Paint of Beginning, --JQ I 7. P.O.C, represents Point of Commencement. r 8. LB,E. represents Landscope Buffer Easement, en N 1-1>- I 9, U.E. represents Utility Easement CO <0 10. C.U,E, represents County Utility Easement. Lw t'... \ 11. S.W,E. repre.ents Sidewalk Easement. Q lC) DESCRIPTION: f- a A Westerly 10.00 feet of Tract B-2, I Pebblebraoke Lakes Phase 2B, according to the plat thereof, as recorded in Plat Book 33, I Pages 57-58 of the Public Records of Collier. County, Florida; being mare particularly described \ as fallows: Commencing at the Southeast corner of Tract B-2; thence North 89'56'21" West, a distance of 10,01 feet to the Point of Beginning; thence continue North 89'56'21" West, along the South I line of said Tract B-2, for a distance of 10.01 I feet; thence North 02'15'31" West, along the I West line of Tract B-2 for 0 distance of i 687.40 feet, to the Northwest corner of Tract B-2; thence North 8T44'29" East, along the North line of said Tract B-2, for a distance of 10.00 feet; thence South 02'15'31" East, far a - distance of 687.80 feet to the POINT OF BEGINNING. Containing 6,876.02 sq. feet or 0.1579 acres, more or les., I I TEMPORARY \ /0- I-OJ CONSTRUCTION EASEMENT (DATE SIGNED) (DURATION: 3 YEARS FROM ) COMMENCEMENT OF CONSTRUCTlO('" NOT VALID WITl10UT Tl1E SIGNATURE AND THE ) ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ..'~~/..: CERTIFICATE OF AUTHORIZATION L8 #4-3 PROJI:CT NO..: 65061 PARCD. NO. : 750 CUEHT~ COLUER COUNTY DEPARTMENT Wil.Mille,.'^UO- OF TRANSPORTATION 1m.[, 10F 004 -..~.&.IogWo.~.~_.~~ f 89 ......... h:. -."".....-.,-.- ..~ PROJ[CT NO.: _....~....D,....__.__.'" _. ___ 07/ZOOJ N6015-005-000 Sop 25, 2003 - 15:OJ:O'i t.IWo!UIIE:IX:\SU!l\Neol 5\851 odl OO,dw8 --- Page.,1 -l EXISTING I ~ I WEST " 'iB a:i \ ROW UNE \ FEE SIMPlE _ lU ' I INTEREST QQ N \ I r7 I \ ~ I ~ I ..- \ (,) \3= \ 0 .. 00'00 200 I <{ 0 \3= GRAPHIC SCAlE o In:: ~ 0 ~ I-- P:: <..:> 0 t ~ ~ I ~ LINE TABLE -::;- \ t3 LINE LENGTH BEARING ~ L259 307.20 S02'15'31"E (Q 20' .E. & L;B.E. to L260 10.00 S8T44'29"W (Q ~ en L261 307.20 N02'15'31"W ~ U L262 10.00 _N8",:~5'01.E o "-'" I ~ NOTES: ..-4 I 0 ~ ~ 1, This is not a survey. ~ ~ \ 2, Basis of bearing is the West line of County o r r -< Road 951 (C.R. 951) being N 02'15'31" W, Florida - ~ 0 State Plane Coordinates NAD 83/90. East Zone. -~ ~ <0 ~ (Q I 3. Subject to easements, reservations and ~ ~ restrictions or record, o ~ I 4. Easements shawn hereon are per plat. unless o \ otherwise noted. U 5, ROW represents Right-of-Way. 6, P.O,B. represents Paint of Beginning. 7. P.O.C. represents Paint of Commencement, 8. D.E. represents Drainage Easement. 9. L.B.E, represents Landscape Buffer Easement.. _ 10. U.E. represents Utility Easement. 11. C.U.E, represents County Utility Easement. I 12, S.W.E. represents Sidewalk Easement. en ('..j or DESCRIPTION: W <..:> The Easterly 10.00 feet of Tract B-3, (J) CD ~ I Pebblebraake Lakes Phase 2B, according to the <:( lI') <..:> Plat thereof, os recorded in Plat Book 33, ::r:: I <l:"- I Pages 57-58 of the Public Records of Collier Q f'... ~ (Q County, Florida; being mare particularly described lI') ~ \ as fallows: ~ <3 BEGINNING at the Northeast corner of said Tract ~ (J) B-3; thence South 02'15'31" East. along the lU (Q Easterly line of said Tract 8-3, for 0 distance <:( <.::l ~ ~ N I of 307.20 feet, to the Southeast corr,el "I said -l <{ 0 ~ I' tract; thence South 8T44'29" West. along the liJ Q. -J 3f t:l """ I South line of said Tract B-3, far 0 distance of ~ Ol '0 ~ VI 10,00 feet; thence North 02'15'31" West 307.20 o r-r) l!) 1. ..J Q \ feet, to a point an the Northe~ly ~ne of said O I") ~ i5.\:.! 0. Tract B-3: thence North 8T45 01 East, olong o iE 0 . the Northerly line of said Tract B-3, far 0 n:: . ......~ g distance of 10.00 feet to the POINT OF en en ex> ".-la ~ BEGINNING, lU . l!) I..JO -J Q. f< ~ g I Containing 3,071,99 sq. feet or 0.0.705 acres, en ~ u It t-o I more or les., en 0 ~ :5 ~ f'- >-0. \ ~ THE FIRM) (Q I 10 .. 7 .. O"} (DATE SIGNED) l[) NOT VALlO WITHOUT THE SIGNATURE AND THE f- I ORGINAL RAISED SEAL OF' A FLORIDA. UCENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 _ PR<>JECT NO~ 65061 PI\RCEL NO. , 151 CUD/T, COLLIER COUNTY DEPARTMENT Wil";'~ille'''''''''- lTT\L OF TRANSPORTATION 10F ""'.J 004 _. a.-.. ~'..--.. '-"*"""_. ~CalUn f 89 ....',...~'.~._ OAT!; PROJECT NO, _1IlIIrLn..........--,--.,.-.--- 07/200J N6015-005-000 Sop 25. 200J - 15.03,09 WlAlIURE\X:\SUR\NB015\95'odl00.d""1l '--'-""-" .---.. -- -~.- -..---- Page.flat2f. ,-r. -.J \ EXISTING I TEMPORARY 4 WEST en , OW LINE CONSTRUCTION EASEMENT en en (DURATION: 3 YEARS FROM lLJ Q I CO j'MENCEMENT OF CONSTRUCTlON) Q 1 N 1 I rl '...- I I ex: I ' 0 2S ""'00 200 I-- GRAPHIC SCAlE ~ I (,) ~ \ ~ ~ g ~ LINE TABLE I f-: 0 P:: LINE LENGTH BEARING I 0 I H L263 10.00 S87"45'01"W ..... 1;2 L264 307.20 S02'15'31"E ,......, <: L265 10.00 S87"44'29"W l{) I U L266 307.20 N02'15'31"W (J) ..... L267 10.00 N8T45'01"E .E. & l.B.E, an P:; (J) ~ I p:; NOTES: l() l{) I (.) 1. This is not a survey. ~ I (J) 2. Basis of bearing is the West line of County I- t:l Road 951 (C.R. 951) being N 02'15'31" W, Florida a r ~ <: State Plane Coordinates NAD 8J/90, East Zone, m 0 '" m"'" p:: 3. Subject to easements, reservations and ~ I restrictions or record, I- ~ I 4. Easements shawn hereon ore per plot, unless ~ g \ otherwise noted, 0::: (.) 5. ROW represents Right-of-Way. i--= 6. P .O.B. represents Paint of Beginning. 7. P.O.C, represents Point of Commencement. 8. D.E. represents Drainage Easement. 9. L.B.E. represents Landscape Buffer Easement. I 10. U.E, represents Utility Easement. PARCEL 11. C,U.E. represents County Utility Easement. I 12. S,W.E, represents Sidewalk Easement. 751 DESCRIPTION; en C'\J C'-I The Westerly 10,00 feet of Tract B-J, ~ Pebblebroake Lakes Phase 2B, according to the lLJ (.) Plot thereof, as recorded in Plat Book 33, (f) I- I- Pages 57-58 of the Public Records of Collier <{ ~ (.) 3 I County, Florida; being mare particularly described -r-- ~ ~ as follows: ~ 10::: ~ I Q I"'--.. i--= COMMENCING at the Northeast corner of soid L[) 6 I Tract B-3; thence South 87'45'01" West along (f) -l the North line of Tract B-3, a distance of Lu (f) 10.00 feet to the POINT OF BEGINNING; thence ~ Lu ~ South 02'15'31" East, 0 distance of 307,20 <{ () feet, to its intersection with the -South line of -.J <{ I- >: ~ 1 Tract B-3; thence South 87'44'29" West, along Q 3 ~ Ul ~ said South line, for 0 distance of 10,00 feet; lLJ .!.!,sUl I thence North 02'15'31" West 307,20 feet, to its ~ ~ ~ f :::J W \ intersection with the Northerly line of said Troct o I"J :<: W ~ B-3; thence North 87'45'01. East, along said o I"J I- '!!'5 Q. Northerly line, far 0 distance of 10,00 feet to ex: a ~o a the POINT OF BEGINNING, . ~~ ~ ~ CO .. ~ 6 Contoining 3,070,98 sq. feet or 0.0705 ocres, -.J CL l() p:: ~ 0 I more or less. en I- wm a uQ.1- I en ~ ~ Lu I- Q. '" CL l() _ I- a '0 ~ I / - 7 -OJ (DATE SIGNED) ll) I NOT VAUD WITHOUT THE SIGNATURE AND THE I- ORGINAL RAISED SEAL OF A flORIDA L19ENSEO SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION lB #43 '1ll>llCT NO" 65061 PNlCQ. NO. '751 ClJ[Hf, COLLIER COUNTY DEPARTMENT Wil.Millei-'M~- ~ OF TRANSPORTATION """"8'o:INn.ScdlgWo .~,~_ ,~~ -,...~'.";;"...._ Ofom PR<>J<CT NO" ..,....,t-....1J1l'III""__.,."""_."'_.___ 07/200J N6015-005-000 Sop 25, 2003 - 15,03:09 t.IIAlIUR!lX:\SUR\N6a15\951.dlDO.d"9 EXHIBIT \ I Page-1:l of \ \ --- -- -- FEE SIMPlE ~ I m INTEREST I N W \ ~ \ U1 0 <( OJ ri I lD ..J 0.. I <{ r--- z U1 lO I <{ I w .0 ,.) ::.::: U1 r r N N 0 I ~ \ SW 1Jl ~ LO l? '-" ~ ....., ; \ w <( .- \ ~ 0.. - LO 0 L252 01 0 n ri n:: n ~ m u w m ~ -1 rn 0.. m \ w \ 0.. \ I LEGAL DESCRIPTION LINE TABLE The' Ea.terly 10.00 feet of Tract R, Rackledge Drive, Pebblebroake lakes Phose 2B, according LINE LENGTH BEARING to the Plot thereof, as recorded in Plat Book L250 10.00 N8T44'29"E 33, Page. 57-58, of the Public Record. of L251 60.00 S02"15'31"[ "- Collier County, Florida, being mare particularly L252 10.00 S87'44'29"W described os follows: l253 60.00 N02'15'31'W Beginning at the Northeast carner of said NOTES: Tract "R"; thence S,02'15'31"[., 0 distance of 60,00 feet to Southeast corner of Tract "R"; 1. This is not a survey. thence S,8T44'29"W. along said South line, 0 distance of 10.00 feet; thence N.D2'15'31 "W., 2. Basis of bearing is the west line ,,~ .rcl1nty I a distance of 60,00 feet to its intersection Road 951 (C.R. 951) being S 02'15'31" E, Florida with the North right-of-way line of Tract "R"; State Plane Coordinates NAD 83/90, East Zone. thence N,8T44'29"E, along said North line, a di.tance of 10.00 feet to the POINT OF 3, Subject to easements, reservations and BEGINNING, restrictions or record, Containing 600.00 square feet or 0.0138 acres, more or less. 4, Easements shown hereon are per plat, unless otherwise noted, 5. ROW represents Right-of-Way, 6. P.O,B. represents Paint of Beginning. 7, P,O.C, represents Point of Commencement. 8, O.R. repre.ents Officiol Records. 9, L.B,E, represents Londscape Buffer Easement, 10, U .E. represents Utility Easement ~ 10-7 -0] (DATE SIGNED) N NOT VALID WITHOUT THE SIGNATURE AND THE '.- I ORGINAL RAISED SEAL OF A flORIDA LICENSED SURVEYOR AND MAPPER, CERTIFlCATE: OF AUTHORIZATION LB #43 0 ,. so 100 200 GRAPHIC SCALE PROJECT NO.: 65061 PARen NO. : 152 COLLIER COUNTY DEPARTMENT - Wil.Mille'.'~U.- OF TRANSPORTATION 10F SKETCH & DESCRIPTION 004 _._.Ji:<llaoWo...".,...,~-'--~ f 89 Ilto<rithr; tlc: PROJECT WO.: _.JOoj....._._.- 09/200~ N601~-OO'-OOO ...,1-.......,...-_.__.",_._-- lop 25, 2003 - lll:OJ:OlI 1ll.NoIURE\X:\SuR\Neol 5\951 ocIl OO.d"'l _____a .~~_._._ .______..~w..'.- ~._. -..-..- >- I f-- I , OESCRIP1l0No 4 U I I I Tract "6- -0:: The West 36.22 feet of the Easterly 46.22 feet of PEEBLEBROOKE LAKES go , I Trect R. Rockledc;e Drive, Pebblebrooke lakes Phose PLAT 800K 30, PAGES 4-12 28. according to the Plol tllereof, 0$ recorded in P:ol \ \ Book 33. Pages 57-58 of the Pubiic Records of the N Collier County, Florida; being more particularly <0 described os fol!ows: <0 IJ- - >- ~ :7 CO~M(NCING at the Northeast comer of said Trad R; 0 0 I thence South B7-44'29"' West. 0 distance of 10.00 '" -J p:: feet to the POINT OF BEGINNING: thence South . " ,. '00 "'<D I 02"15'31. East. for 0 distance of 60.00 feet; thence GRAPHIC SCot '" LO '0 South 8744'29. West, along the South right-of-way W, <D NOTES: ~~ 0 \ line 01 Rock.ledge Drive, for 0 distance of 36.22 feel; >- .... \ ~ thence North 02"15'31. West 50.00 feeL to the North a.", 0 1. This is not 0 survey. ~~ ~ line of said Trod R; lhence North 874.4'29- East. .... 010n9 the North right-of-woy line of RockJedge Drrve, 2. Bosis of bearing is the West line 0 r--... In ~": I 0> for 0 distance of 36.22 feet to the POINT OF Rood 951 (C.R. 951) being N 02'15'31' '" ~ I BEGINNING. w>') <.J I Florida State Plane Coordinates NAn 83, " ~ Zone. 0" I ~ I Containing 2.' 73.20 sq. feet 0.0499 acres, more or 00 U 0:0 less. 3. Subject to eosem~ts. reservations el'" ...." I u I ~.... restrictions or record. lll~ .... .... we>. \D \D 4. Easements snown hereon ore a. 0> 0> unless otherwise noted. LINE TABLE ~ I ~ I LINE LENGTH BEARING 5. RCW represents Right-ot-Wey. 0 U 1254 10.00 SBT44'29"w 0:: I Y 6. P.Q.8. represents Point of Beqinninc; 1255 60.00 S02'15'31"[ >- \ 1256 36.22 SBT 4-4'29 "w 7. P.D.C. represents Point ot Commen. en E-o 1257 6000 NO 15'31"w :z; C"l ~ 1258 36.22 NBT<<'29"'E Lu <.J ~ ~ 0 >- U_ Vl Cl)>- 0 ~t1~ z I I <::(l!")U -J 0 :r::1-<( <0 ?~~ !z::;ti I I jO - 7 - OJ Q. '" go :i:w< wO::> \ \ (OATE SIGNED) >- "'''' a. ~if~ Vll!") ii.o. 0 ~oo NOT VALlO WITHOUT THE SIGNATURE ANI -J 0:'" ~~"8 LuVl ' m aRGINAl RAISED SEAL OF A flORIDA U :-'::Lu <D ,lj6 O~~~ SURVEYOR AND MAPPER. ~~ F~g CERTlFlCATE OF AUTHORIZATION LB 143 .... 1J1t..... ~UI , I ~ :'i ~1fO..: 65061 P'Illfl(:(LC.: 752 """,, COWER COUmY DEPAR7lJENT .... a. WiIsDnMillei-'~ OF TR>>ISPOFfTATION "'" SKEC7H a- DESCRIPTlON .. l>'/MII4y RESTORATION EASDENr ....... ~........ ,.,..,... ~~. ~~ -.~ ..'" .......- ......M... ...... .......,... s.r, 25, 2DCU - 15:03:01' ~~5\..,""0Cl.h0J -~..- ......,..,..,....... .......,. --....... ...-.- 07/2OOJ NfiO'~ Agenda Item No, 10F May 25, 2004 Page 84 of 89 \t-'.U.\j, \ \ \ EXISTING SIDEWALK FEE SIMPLE EASEMENT if I INTEREST 4: I ~ I N-.t - ::5 I \ 0 \ r-- ci 0..1") ~ w~ -l 0. <( z a::: z ~<.? U1 <( 1")04: 0 0 "0 I () I 00.. 1-0::: I'q I'q 0 ~ o co " ~ ~ - I LO I -IW(!) (J'\. v:. "'-./ 0) -II") UJ UJ .... \ 5 \ co ~ ~ LO com : : 0) W . :iE [Tl ci 0..0.. . U ~I (J'\ (J1 ~ <D <D ~ 0 \ -l>- (Xl -l>- 0). \ - \ LINE BEARING L268 N89'51'46"W I I L269 N8T44' 8"E I I \ \ 2 I I I I I DESCRIPTION: NOTES: A portion of Lot 3, Pebblebrooke Plaza, 1. This is not a survey. according to the Plat thereof as recorded in 2. Basis of bearing is the West line of County _. Plat Book 36. pages 3-4 of the Public Records of Callier County, Florida; bein9 more particularly Road 951 (C,R. 951) being S 02'15'31" E, Florida described as follows: State Plane Coordinates NAD 83/90, East Zone, BEGINNING at the Northeasterly carner of said 3. Subject to easements, reservations and Lot "3"; thence South 02" 15'31" East, along the restriction. or record. Easterly line of said Lot 3, for a distance of 590,86 feet to the Southeast corner of said Lot 4, Easements shown hereon are per plat, unless 3; thence North 89'51'46" West along the South otherwise noted, line of Lot 3 a distance of 10.01 feet; thence North 02"15'31. West 590.44 feet to the 5. ROW represents Right-of-Way, Northerly line of said Lot 3; thence Narth 6, P.O.B. represents Paint of Be9inning. 8T4-4'28- East. along the Northerly line of said 7. P.O.C. represents Paint of Commencement. Lot 3. for a distance of 10.00 feet to the 8. O.R, represents Official Record., POINT OF BEGINNING. 9. L.B.E, represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. Containing 5,907.23 sq, feet or 0,1356 acres, mare or less. ~ J 0 . 7 - t? '~ (DATE SIGNED) 1\1 NOT VALID WITHOUT THE SIGNATURE AND THE i ORGINAL RAISED SEAL OF A FLORIDA LICENSED 'r.- \ SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION La #43 0 20 50 '00 200 GRAPHIC SCALE PROJECT NO.: 65061 rNtCD.. NO. : 154- COLLIER COUNTY DEPARTMENT Wil.Mille'-'~U.- OF TRANSPORT A TlON SKITCH de DESCRIPTION _,~.II:xlIl;IoIo,ano,.n'~-'~~ ll'Iocri6r, he PROJ(CT NO.: ..... ./Irf..... _. _.1.... 09/200J mE NO.: ^,.-.,. _...,.......D.___._~,"'_._-- N601 !5-00!5-000 2L-812 :'p 25. 200J - lS:03:0i lolWollJRQX:\SUR\H501S\iSl.d100.dwg Agenda Item No, 10F May 25,2004 Page 85 of 89 -...- .- -'-"-"",'- ~^'-_.- ~. \ \ EXISTING SIDEWALK EASEMENT if I ~.,j- I ~ I ::]1 \ 0 \ Q..I"J ;--. Ii wtf) ~ .J IUl q <( ~w z ~ z I"JO~ <( I-~Q.. 0 \~ '0 I u 1 ~ 0 ~ o co - ~ ~ I II) I -lw\O 01, 01. '--" O'l -It'J Vl Vl ~ \ 5 \ co . ~ II) COm : O'l W ' ::E r'1 Ii QCL u ~I 01 U1 ~ TEMPORARY <D <D 0 0 I CONSTRUCTION EASEMENT tv ~ (DURATION: 3 YEARS FROM Vl Vl , . \ \ COMMENCEMENT OF CONSTRUCTlON) LINE TABLE LINE LENGTH BEARING 1 I L270 10.00 S8T44'28"w L271 5.00 S89'51'46"W I I ! L272 5.00 NBT44'28"E \ \ i I I L271 I I I DESCRIPTION: NOTES: A portion of Lot 3, Pebblebrooke Plaza, 1. This is not a survey. according to the Plat thereof as recorded in Plat Book 36, pages 3-4 of the Public Records 2. Basis of bearing is the West line of County of Collier County, Florida; being more particularly described os follows: Rood 951 (C.R, 951) being S 02'15'31. E. Florida State Plane Coordinates NAD 83/90, East Zone. COMMENCING at the Northeasterly comer of said Lot "3"; thence South 6T44'28" West along the 3. Subject to easements, reservations and North line of lot 3. a distance of 1 0.00 feet to restrictions or record. the POINT OF BEGINNING; thence South 02"15'31" East. far a distance of 590.43 feet 4. Easements shown hereon are per plat, unless to the Southerly line of said Lot 3; thence otherwise noted. North 89'51'46" West along the South line of 5. ROW represents Right-of-Way. Lot 3 0 distance of 5.00 feet; thence North 02'15'31. West 590.23 feet to the Northerly line 6. P.O.B, represents Point of Beginning. 7. P.O.C. represents Paint of Commencement. of said Lot 3; thence North 6744'28" East, 8. O.R. represents Official Records. along the Northerly line of said Lot 3, for a 9, L.B.E. represents Landscape Buffer Easement. distance of 5.00 feet to the POINT OF 10, U.E. represents Utility Easement. BEGINNING. acres, + (FOR THE FIRM) (DATE SIGNED) N NOT VAliD WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED ',.- i I SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 . " so 100 200 REVISED 10-13-03 - REVISE LINE TABLE CRAPHIC SCAlE PROJECT NO.: 65061 PARCEl NO. : 754A COLUER COUNTY DEPARTMENT Wil.nMillerk'~-- OF TRANSPORT AnON SKETCH & DESCRIPnON ".".,.,.~, 5c<*lP*' an.,.... <.-_. ~eor-.. ~bc PROJECT NO.: m.r NO.: ...../irI...._._.T_ ...,.IJooUrIll,......__.__."'_.___ 09/2OOJ N60/5-005-ooo 2L-812 s.p 25. 2003 - 15;()J:09 IoIlmURE!X:\SUR\N801 S\USl lid 1 ao.dwg Agenda Item No, 10F May 25, 2004 Page 86 of 89 tXIS IINl> \ \ SIDEWALK EASEMENT f( I <'<t I ~ I N1 \ ~ \ 51") ~ r--. ~ _. D... : ~ .-J w~ MI 0 <( oc "L. ::.:::~ 4: 1")0< '0 I u I on.. ~\ 0 ~ f-~ ,... \ l.() I o en . ....." m .....IWlO l-' .....II") 0 ,... \ 5 \ - l.() en m enai w ' 0:; D...D... u ~ ~ I r \ \ tv , -...j I -t>- I I I I TEMPORARY \ CONSTRUCTION EASEMENT \ I (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) I I I I I DESCRIPTION: NOTES: A portion of Lot 3, PebbJebrooke Plaza, 1. This is not 0 survey. according to the Plat thereof os recorded in Plat Book 36, pages 3-4 of the Public Records 2. Basis of bearing is the West line of County of Collier County, Florido; being mare particularly ,- described os fallows: Road 951 (C.R, 951) being S OZ'15'31" E, Florida State Plane Coordinates NAD 83/90, East Zone, COMMENCING ot lhe Northeasterly corner of said 3. Subject to easemenls, reservations and Lot "3"; thence South 87:44'28" West, a distance of 10,00 feet; thence South 02'15'31" restrictions or record, East. a distonce of 356.30 feet to the POINT 4. Easements shown hereon ore per plot, unless OF BEGINNING; thence continue Soulh 02'15'31" East. for 0 dislance of 125,00 feet; thence otherwise noted. South 8/44'Z9" West, a distance of 52.00 feet; 5. ROW represenls Right-of-Way. lhence North OZ'15'31" Wesl 125.00 feel; 6. P.O.B. represents Paint of Beginning. thenCe North 8T44'29" East, for 0 distance of 7. P .O.C. represents Point of Commencement. 52,00 feet to the POINT OF BEGINNING, 8. O.R, represents Official Records. g, LB.E. represents Landscape Buffer Easement. Containing 6,500.00 sq. feet or 0.1492 acres, 10, U.E. represents Utility Easement. more or less, LINE TABLE ~ LINE LENGTH BEARING L273 10.00 S8T44'28"W L274 125.00 S02'15'31"E LZ75 52.00 S8T44' 9"W /0 -7-0] L276 125.00 NOT15'31"W N (DATE SIGNED) L277 52.00 N8T44' 9"E NOT VALID WJTHOut THE SIGNATURE AND THE ... [ I ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTiFiCATE OF AUTHORIZATION LB #43 0 25 ~ 100 200 GRAPHIC SCALE ~NO..: 65061 PMCD. NO. L 7548 COLLIER COUNTY DEPARTMENT Wil.MillerM'~U.- OF nRANSPORTAnON SKETCH &- DESCRIPTION -'s.--.'~'~ ,~_, ~C<no.f" WIo<riIW, he. PROJE.CT NO.: -.""....-.-.- 70/200:1 FILL NO.: ....,........11I,___.__,,,,_. --- N6075-005-000 2L-812 - op 25, 200J - 15:03:09 lllAllURE!X:\SUR\NeOl 5\95 1 odl OO.d"9 Agenda Item NO. 1 Ur May 25, 2004 Page 87 of 89 . ~;f: ~"."._~ -. ." -~- -11") . (L (<&s I I w~ ::L() I I ~o<{ n \ f-~(L r r o rn - N N -.JW(Q (Xl (Xl -.JI") .j:>. ()) ,....., rn ~ ?i ~ rno:) 155 P,Q,8. 0 I ..J I w . <{ (L(L a:: I ~ I '0 u \ I L283 0 \ ~ '--' lI'l ()) ~ ~ lI'l ()) u FEE SIMPLE 0:: I I INTEREST EXISTING u I ~ SIDEWALK \ ~ EASEMENT LINE TABLE \ I I LINE LENGTH BEARING I I I L283 10.00 S8T44'28"W L284 147,30 N02'15'31 "W L285 12,01 S58'36' 40"E L286 140,64 S02'15'31"E I I I I \ \ LEGAL DESCRIPTION NOTES: A portion of Lot 1. Pebblebroake Plaza, according to the Plat thereof as recorded in 1. This is not a survey, Plat Book 36. poges 3-4 of the Public Reconds of Callier County, Florida; being mare 2. 8asis of bearing is the West line of County particularly described os follows: Road 951 (C.R. 951) being S 02"15'31' E, Florida BEGINNING ot the Southeast carner of Lot 1; State Plane Coordinates NAG 83/90, East Zone. thence S,8T44'28"W. along the South line cf 3. Subject to easements. reservations and Lot 1, a distance of 10.00 feet; thence restrictions or record. N,02'15'31"W., 0 distance of 147.30 feet to a point on the Northerly line of Lot 1; thence 4. Easements shown hereon are per plat, unless 5,58"36' 40"E. along said North line to the otherwise noted, Northeast comer of Lot 1, a distance of 12.01 feet; thence S,02'15'31"E. along the Easterly 5. ROW represents Right-ot-Way. line of Lot 1, a distance of 140.64 feet to 6. P.O.B, represents Paint at Beginning. the POINT Of BEGINNING. 7. P,O.C. represents Paint of Commen"",..,~~t. Containing 1,439.68 square feet or 0,0331 8. O.R. represents Official Records, acres. more or less. 9. L.8.E. represents Landscape Buffer Easement. 10, U.E. represents Utility Easement. 4 If} -7,-0 J (D,i,TE SIGNED) 3M NOT VAUD WTTHOUT THE SIGNATURE AND THE ,- - I I ORGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER, CERTIFlCATE: OF AlnHORIZATlON La 143 0 :IS IlO '00 200 GRAPHIC SCALE PlItOJD:T NO.: 65067 fI'NtCZ:L NO. ; 755 COLLIER COUNTY DEPARTMENT Wi!~nM!!!e!~-~U.~ OF TRANSPORTAT10N SKETCH de DESCR/PT10N -.s-.. -......an.,..... ~_,~.,...... ~,hc. PROJf;CT NO.: F'1..L NO..: ..... rwf......_. _.,.... 10/2ooJ .....Iao.... ......__ __.,.._. __... N60 f5-005-000 2L -B 12 :op 25. 2003 - 15:03:01 lIlA11UREjX:\SUR\Nao1 S\SS I 0<11 OO.dwg Agenda Item No, 10F May 25, 2004 Page 88 of 89 " n:: ,..) (<&1 I I W~ I I :-'<::0 ~O<( n \ 00... f-O::: r o m - N -1WI.O OJ 0 - ..J1'0 m @- mm 755 I -' I W ' 4: 0...0... I z \ 4: '0 u \ 0 \ ~ ~ l() --..../ en ~ e::: l() en u TEMPORARY ci I I CONSTRUCTION EASEMENT EXISTING U I ~ (DURATION: 3 YEARS FROM SIDEWALK ~ ~ COMMENCEMENT OF CONSTRUCTION) EASEMENT TABLE \ I I LINE LINE LENGTH BEARING I I L27B 10.00 SBT44'2B"W \ \ L279 5,00 S8T44'28"W L2BO 150.62 N02'15'31"W L281 6.01 S58' 36' 40"E L282 147.30 S02'15'31"E I I I I \ ' \ LEGAL DESCRIPTION NOTES: A portion of Lot 1, Pebblebrooke Plaza, according to the Plat thereof os recorded in 1. This is not 0 survey. Plat Book 36, poges 3-4 of the Public Records of Collier County. Florida; being more 2. Basis of bearing is the West line of County .- particularly described as follows: Road 951 (C,R, 951) being S 02'15'31" E. Florida Commencing at the Southeast corner of Lot 1; State Plane Caordinates NAO 83/90. East Zone, thence S.B7" 44'28"W. along the South line of 3. Subject to easements, reservations and Lot 1, a distance of 10.00 feet to the POINT restrictions or record. OF BEGINNING; thence continue S.87"44'28"W. along said line, 0 distance of 5.00 feet; 4. Easements shown hereon are per plat, unless thence N,02'15'31"W., a distance of 150.62 otherwise noted, feet to a point on the Northerly line af Lot 1; thence S.5B' 36' 40"E. along said North line, a 5. ROW represents Right-of-Way, distance of 6.01 feet; thence S,02'15'31"E., a 5. P,O.B, represents Point of Beginning, distance of 147,30 feet to the POINT OF 7. P .O.C. represents Point of Commencement, BEGINNING. B. O,R. represents Official Records. Containing 744.80 squore feet or 0.0171 9, L.B.E. represents Landscape Buffer Easement, acres. more or Jess. 10, U.E. represents Utility Easement, + 10- F-O J (DATE SIGNED) N NOT VAUD WITHOUT THE SIGNATURE AND THE '.- I I ORGINAL RAISED, SEAL' OF A FLORIDA UCENSEO SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 . ,. 50 'DO 200 CRAPHIC SCALE toJECI' NO" 65061 pNtCQ.. NO. : 755 COWER COUNTY DEPARTMENT Wil."'iller.'~"- OF TRANSPORTATION SKETCH & DESCmPTlON _.~,EooIopIoII.",-"'~-'--~ llIoorMor; he. PROJECT NO.: flU NO.: .....For1_._._.no,. 10/200,] ._laoo....._--._-'....~._--- N601!J-005-OOO 2L -812 ,- . 25, 2003 - HI:D3:Ol1 Wv.M\IRElX:\SUR\H80' 5\95' .d'OO.d"9 Agenda Item No.1 OF May 25, 2004 Page 89 of 89 _N"'''''__~..' . ,._-~._- ,-' EXECUTIVESU~ARY Designate property known as the "Lely Cultural Center" for the South Regional Library I County Museum and begin the process of planning the facility. OBJECTIVE: To provide library and museum services in the most convenient location for the public. CONSIDERATION: Several months ago, the Board updated the Lely DRI, which altered the planned road network. As a result, Lely Cultural Boulevard is planned to be connected with Rattle Snake Hammock Road and Grand Lely Boulevard I Santa Barbara extension. In doing so, the value of the 20 acres dedicated to the County for cultural purposes greatly increased because of the anticipated traffic that will traverse the road network. Coupled with the approved Planned Unit Developments scheduled for development, this area is expected to grow. Presently, the South Regional Library is planned to be located at Eagle Lakes Park. While this location provides exposure on the US 41 corridor, the five-acre site is fairly tight to build a regional library. The Park is already congested on weekends even without the additional facility. ~ The option of utilizing the 20-acre Lely site also provides an opportunity to co-locate the new Regional Library with an expanded County Museum facility. Limited exhibition space and poor visibility to passing motorists have long been serious drawbacks to the main Museum facility at the County Government Center. Although the general history of Collier County and Southwest Florida is adequately told and preserved at the current East Naples location, the present exhibition galleries are simply too small and under-equipped to accommodate the high-visibility, culturally significant exhibitions that would attract larger resident and tourist audiences. A new and expanded Museum exhibition facility at the proposed site could remedy the Museum's public access and gallery space issues, significantly increase the Museum's marketing power with more prominent exhibitions and private collections, and draw additional tourists and tourist revenues to our community. Finally and probably the most compelling reason to build the facility is the demand from the community to have the library online when development occurs in this community. If this site is selected, staff could begin planning the facility immediately which would allow the facility to possibly be completed approximately 6 months ahead of when the Growth Management plan requires it in 2007-2008. This land would also provide a savings because it is presently in the County inventory. GROWTH MANAGEMENT: The South Regional Library is presently anticipated in FY08 under the Growth Management Plan. The facility could be completed slightly ,--. ahead of schedule if this staff begins planning this facility immediately. Agenda Item No. 10G May 25, 2004 Page 1 of 3 ._--_...._,-"~--.._------ __.'_,__~,__."'_"'''''''''''''Il___..""...""""._..,_-.._"_.~- ,--~. --. --_.._~._---- FISCAL IMPACT: The library will be constructed with impact fees and operated with general funds. In order to complete the library as development occurs, funds will most likely need to be borrowed and paid back by anticipated impact fee revenues, A reimbursement of $1,500 will be made to the Parks Impact Fee fund. Staff is presently researching whether library impact fees to develop "living library" (i.e. a museum facility) are an eligible use of funds. RECOMMENDATION: The Board dedicate this property for library and museum uses and authorize staff to begin the planning process of the South Regional Library I Museum concept. ,.",~- .........-~ Agenda Item No. 10G May 25, 2004 Page 2 of 3 ..,,,.- COLLIER COUNTY - BOARD OF COUNTY COMMISSIONERS Item Number 10G Item Summary Designate properly known as the "Lely Cultural Center" for the South Regional Library / County Museum and begin the process of planning the facility. (John Dunnuck, Public Services Administrator) Meeting Date 5/25/2004 9:00:00 AM Approved By John Dunnuck Public Services Administrator Date Public Services Public Services Admin. 5119120049:25 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5/19/20049;51 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5/19/20042:07 PM Approved By Michael Smykowski Management & Budget Director Date .- County Manager's Office Office of Management & Budget 5119/20042:44 PM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 5119120044:08 PM ,-. Agenda Item No.1 OG May 25, 2004 Page 3 of 3 ----..---- . _..,~ ,- EXECUTIVE SUMMARY Review options relating to the development of a junior golf program and public golf course. OBJECTIVE: To offer diverse recreational opportunities with limited funding. CONSIDERATION: The Board authorized staff to bring back options relating to a junior golf program and public golf course following a public petition item on May 11, 2004. The Board was approached with a concept to provide land for the development of a public golf course that would concentrate on developing a junior golf program in an effort to provide children additional recreational opportunities. Following this meeting, staff met with the representatives to discuss the two issues: 1) improving junior golf in the community 2) providing a truly public golf course venue in the community. Junior Golf Program Staff requested and received a listing of all the existing junior golf programs in the community (see attachments). Presently there are over twenty programs typically offered in the summer time at various costs. This is fairly typical of most communities, but what is a concern of the petitioner is that the programs are not coordinated, there is not one - "home" course for juniors to practice and hold competitions, and many of the programs are cost and accessibly prohibitive. It is believed that unless there is one central golf course, there will never be the ability to address these concerns. It is staff's observation that some of these issues could be addressed through a cooperative effort with better coordination, but that there will always be issues. Should the Board wish to make a program more affordable, it could be achieved through scholarship programs similarly to the after school program. This may be more cost feasible than owning a golf course, depending on the level of commitment to building a course. If the program was coordinated however, it is doubtful it could be offered all year due to the seasonal demands during the wintertime, school schedules and daylight hours. This issue would most likely only be addressed if the County did run its own facility and junior golfers were given priority. Having one facility then brings up the question of transportation. If the goal of the program is to offer affordable junior golf countywide, transportation may have to be arranged. This is a different approach than afterschool programs which are decentralized throughout the community some within walking distance of park locations. Public Golf Course The issue of a public golf course has been explored by the County on several occasions (see attachment). In the past, the concern raised by the community revolved around affordability. Due to supply I demand, golf rates usually double and triple in the winter ",--. months making it un affordable for many year round residents. The question in the past is whether a public golf course could sustain itself while offering reasonable rates. The last Agenda Item No.1 OH May 25, 2004 Page 1 of 14 .....--.-,.,..-..-..-.,.".--""----.-.".,.........",...',......._..,.,.,,-~ w' "'-c"""",-.-",-,,'''_''-,, cl"......"_",.....",~_""..,~,..,.-" ..- "...~"..".~"...~... - study indicated that while rates could be offered slightly cheaper than other courses, rates would still need to be significantly raised to offset summer month losses. This scenario did consider the bonding for construction as part of the operating expenses. One of the suggestions made by the petitioner to help offset this cost is to enter into a cooperative agreement where the County provides the land and funds are raised privately to build the course. The County would then have the option to either operate and maintain it or contract out both services. There are presently two properties that could be utilized for a golf course. The first property is the backside of the fairgrounds. There is an opportunity for approximately 90 acres behind the area where the actual fairground facilities are located, Presently staff has been preliminarily discussing the possibility of a semi-covered amphitheater I sports facility in a cooperative effort with the Pair Board. This facility would compliment the regional park to help draw major softball and soccer competitions to the community. Another available facility is the 100 acres located off of Vanderbilt extension. This is intended to be a combination regional park with passive park space for the Golden Gate Estates area with construction in 7-10 years. Options: It appears that there are several options for the Board's consideration, -- 1) Direct staff to coordinate with the area golf courses to discuss ways to comprehensively improve junior golf in the community; 2) Authorize staff to set aside property and allow the petitioner a couple of years to raise funds for a golf course. 3) Direct staff not to pursue either program based upon the number of existing programs and golf courses in the community. GROWTH MANAGEMENT: Golf courses are not recognized as an element of the Growth Management Plan. FISCAL IMPACT: There is no fiscal impact at this time. RECOMMENDATION: If the consideration is based upon offering a junior golf program, staff does not recommend any action at this time. If the consideration is to offer public golf at a more affordable rate, staff recommends that the Board direct staff to negotiate a time frame to allow the petitioner to raise funds to build a golf course. ,.-- Agenda Item No.1 OH May 25,2004 Page 2 of 14 --_.,-,..",,,~_.._,,..._,.<,..,.., > ,..,......"";.,~.,,;""~''''.'''_._...._.,,'. COLLIER COUNTY .- BOARD OF COUNTY COMMISSIONERS Item Number 10H Item Summary Review options relating to the development of a junior golf program and public golf course. (John Dunnuck, Public Services Administrator) Meeting Date 5/25/2004 9:00:00 AM Approved By John Dunnuck Public Services Administrator Date Public Services Public Services Admin, 5/19/20049:11 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5/19/20049;47 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/19/200412;34 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/19/2004 1: 15 PM - .- Agenda Item No.1 OH May 25, 2004 Page 3 of 14 .- -~--- -~,~-_.._.,....- _ ._n .--.--.- . -_.'.,~.~ --.- . .. ' <;"1' tf '1~~ d 04 02: l1a C1nd~ Darland 239-594-0202 p.l , I: .' ~: ." ,~,!' , 1 ~ . . Post-it"FaxNote ! 7671 To ! l' :~, Iti1' I Ai Fax' I .", ;:i':l " THE GULF COAST JR. TOUR'S 1taJ~ STATEMENT The 611. Caast Jr. Tour, lne., ~I. 1:1 Lt.C i1l1994, is a'noa1lf'OClt ......i....... set ap to pnMIIe a tollnla8leld ...... u. .... tile inter~ to ......... IaDIor golfer wile ....,.... anti appredalJet.1IIe integrity .,dIe p.e of .. aMI has die tIeM'e and aIIiIly to IIIaY ~ ~ -eat ..... It is 1IIe goal .. tIIis .......... tit pnMIe . pmgranI for tile -..erienced ........ .. co...-e .. fowll.lDUrnaJlleId I*IY 4uri.g tile ~~I___'" ......... pI'OWide access to iii........ ,....... COIlei'll and to otrer 8dIoIanIIIIt ..,kh~ to DIll' ........,- .. ~J .. By establiahiag a solid .. feunII---. we ,.. "rile......... T.... melllbets .. beUNIIe . ...... C08IpetitIve entity i. tile State of I18rfda and .... 111 .. ..~_lIy. 1ft) .. lie able to reinforce tile .... that.... ~ IMJIJeWJa iL The Jr. Tour Is administered by IaI:aI P.G.A.. ~es'iDllaI& aM \1Ih_~ AlllloM)' CIIIIedM tIIrougIa ... .........doIatIons willie IIMd solely fw 1IIe ltMefit of the Jr. TOIIr pragnun. ... THE.IB. TOlR Agenda Item No, 10H JRfI. q;.;_ -- May 25, 2004 6.5('$ 7;€'Iiington Drive · Naples. F10rida 34109 · (239) 594-2202 · (z:J9) 594-0202 Page 4 of 14 Cind~ Darland 239-594-0202 p.2 '1~~ 17 04 02:11a . ,,- ~'~::!.'l;'i JUIIOR ~- TOUR -.. .. -VI - . .. I i I THE JR. TOUR 2004 TOURNAMENT SCHEDULE FRIDAY, JUNE 411I .. HIB18CU8 GOLF CUJB -I.UAURER" . 8:00 1& TIME - ~E.W PlAl'ERS OM..Y" FRIDAY, JUNE 11 - KENSlNGlON GOLF & c. C. 8:00 A.M. SHOTGUN 2700 Pille RIdje...... fRIDAY, JUNE 18 .. THE Cl.lJB AT OI.DE CWRESS 8:00 A.II. SHOTOON 7165 T....e Dr. FRIDAY, JUNE 25 .. QUAIL WEST GOLF.A C. C. - 8:00 A.... SIIOT6VN 8289 Bum...... Rd. FRIDAY, JVLY 2 .. NO TOURNAMENT FRIDAY, JULY 9 .. GOLF CLUB 01 the EVER61.ADES 8:00 A.M. SHOTGUN 8835 v....... RIL &iMsIon FRIDAY, JULY 16 .. VASARI COUNTRY CW8 8:00 A.M. SHOfGIJN 11250 Via Del Vasari Dr. FRIDAY, JULY 23 .. GOlF ClUB at flDDl.ER'8 CREEK 8:00 A.M. SHOTGUN 3470 Club Center lIIMI. "Resenafioa DEADLINE for 1IIe AIII1tft/Jr. T...... It Award8 luncheon is...... 181rf "ADULT (JR. GOLF TOURNAMENT" SATURDAY, JULY 24- .. VINEYARDS COVNiJRY <<UB 8:00 A.M. SHOTGUN "00 \tIIeyards BIwI.. "AWARDS LUNCHEON" SARJRDAY, JULY 2401 - VINEYARDS COIIJNIRY CLUB .".....-. .coo y..... IIIMI. Inllnediately following Golf Tournament (Approx. 1:00 p....) Agenda Item NO.1 OH May 25, 2004 Page 5 of 14 G809 WeDi~ Drivt- · Natlles. F10rida 34109 . (239) 594-2202 · (239) 594-0202 '-'"' _ ._._....e_ ,..........,.~._- .._-,_.~-,-, .-..- ~... , , I ; , i .~i.'. . ! Junior Clinics Proposal Location: Pelican Marsh Instructors: Golf Professionals Brian Major and Dave Teper Saturdays April, May, TBA Time: 1~00-1:45 Price: $12.00 Per Person Minimum Sign up: 6 Our clinics will cover the fundamentals in putting, shor:t game, iron play, wood play, and golf etiquette by giving hands on tailored instruction. We will start with a group overview of the topics to be cover. Following the group overview, we will then break down into sfrations and individually assist every student with the topics discussed. We will gener.ate interest in the learning process by demonstration, theory, games, and competitions. Sign up by calling Pelican Marsh Golf Shop each week by 5:30 p.m. Wednesdays (597-1858). You will receive a return can Thursday. The clinic will be scheduled if the sign up has reached the minimum. Let's Plav Golf! 1 Agenda Item No. 10H May 25, 2004 Page 6 of 14 . T Page I of2 ....... _... ................u_......." "'.......: ,,-,U\'&J.'-' UVLJ"""" :1'1;+" 2004 Southwest Florida Junior Golf Association ~Jl It! 'I: r' i ln~ I;i Tournament Sched'ule (. '. Bighligh~~,d to.urt:\ameI1t:3 are s~parate mailings ancl ~he entry fees are not incl.~ed inJbe m~mbership._ e~ch n;tailing.have.~pecial instructions and ne~d to' ~.adher.ed to.. No Exceptions! Date Division Location Starting Time , , ... ,. - - - I8-.Holers Fort Myers CC 8:30 Shotgun _',.:_.c.-~.:?:.: ..-~_1il~ I 9-Holers Whiskey Creek 8:30 Shot~un MO:Jday June 14 18-Holers Lochmoor CC 8:30 Shotgun 9-Holers El Rio CC 8:30 Shot~un \1<Jndzy June 21 18-Holers TBA 8:30 Shotgun 9-Holcrs TBA 8:30 Shot~ ~~~-:.-:-:-: ~.? ..!::~e 28 18-Holers San Carlos CC 8:30 Shotgun ,- 9-Holers TBA 8:30 Shotgun Monday July 5 IS-HoJers Punta Gorda CC 8:30 Shotgun 9-Holers TBA 8:30 Shotgun ''v~~0~.-:.2.:'! July 12 18-HoJers The OolfClub at Cape Coral 8:30 Shotgun 9-Holers The Landinu;s 8:30 Shotmm Monday July 19 18-Holers Shell Point 8:30 Shotgun 9 Hoters Summerlin Ridge 8:30 Shot~un *Li:r.ited Space **Sign up Early** **MaiJ in applications Only Accepted * * Ju:y 26-July 30 No.lan Henke/Patty **Mailings only a1Ccepted** Berg Junior Masters Invitatio.nal & Pro-Am Dead line Enfurced Deadline Date: TBA ::V:~:-'-:.2V AU2USt 2 18 Haters & 9 Holers Adult/Junior Pelican Preserve CC - ~ Friday August 6 A wards Banquet at Pelican Preserve CC PRIOR REGISTRA nON REQUIRED-NO ADMITTANCE AT THIE DOOR ** Locations arc subject to change. Please check ~'Ww.s\\i'~.~R~C~)~~ffs~'21~~ 1ttp://.....,v'Jo.',swfjga,com/toumamentschedule.htm. Page 7 of 14 C If "t '^ " _.n_ . ,~-- , 05/14/2004 09:21 FAX 239 193 1104 CYPRESS WOODS GaCC . " raI 001/001 . . - ,,"- . , : . 50UttIwest Florida Clubs with Junior Programs Summer 2003 , Golden Gate CC Tal Buchanan Tim Fredeen cypress Woods: G a cc . 4100 Golden Gate Pkwy 352S NorthbroCil<e Dr Naples; FI 34116 Naples,F1 34119 239.455.1010 . 239.592.7860 : llburqn (Rick Smith GA) Vineyards CC . Kathy Padgett: . Tom Metzger . p 2620 Tlburon Dr ,400 Vineyards alvei Naples R 34109 Naples, FI 34119 239.593.5111 239.353.0505 . Arrowhead GC Stoneybrooke GC Mike Oopslaff BnJCe Harwood 2205 Heritage Greens Dr 21251 Stonybrook Golf blvd Naples, A 34109 Eatero, A 3928 239596.1000 239.948.3933 . Cedar Hammock Cypress Lake CC Jeff Thorn Ron Leatherwood ,.se.so_~ Ham{OOCk qr 67.61 WJo (9~r .f?Q~ Naples, FI 34112 R: Myers, R 33919 239.793"1134 239.481.3222 ' Fiddler's Creek Golf &. CC The Naples Beach Hotel & GC Jeff Raimer. Larry Gantzer 3470 dub Center Blvd 851 Gulfshore BlVd N Naples, R 34114 Naples, FI 34102 239.732.7332 239.435.2443 Bonita Bay West. Fiddlesticks CC John Olfin BiI Constantine 26660 Country Oub Dr 15391 Cannongate pr Bonita Springs, R 34134 Ft Myers, FI 339:112 239.498.2626 239.768.1114 . Coral Oakes Goff Oub Summerlin RIdge :'.8T:; NW 28th Ave Dan Lousey Cape Coral,.R 33~3 16660 Pine RIdge Road 239.573.3100 Ft Myers FI, 33908 2)9.432.0000 Agenda Item No. 10H May 25, 2004 Page 8 of 14 . ... . . Florida Junior Tour - Conducted by the Florida State Golf Association. Starts in ,_ =~~:Z=-ch and runs throughout the year with nine events for boys and gjrls ages 13-18. There will -:e 7';,;0 age divisions, boys 13-15, girls 13-15, boys 16-18 and girls 16~18. ~ The schedule: May 22-23, Grand Cypress, Orlando; June 21-22, Marsh Landing, Ponte Vedra Beach; July 17-18, FSGA Junior Team Championship; Aug. 2-3, FSGA Junior Ch.?JDpionship; August TBA, FSGA Junior Match Play Invitational; Sept. 10-11, Bear Lakes, -.-:-v'est Palm Beach; Oct. 23-24, PGA Golf Club, Port St. Lucie; Nov. 27-28, Disney's Palm C--:--Jrse, Orlando; Dec. 18-19, Orange County National, Winter Garden; Jan. 22-23, Club at TwinEagles, Naples. ~ The cost is S95-for each tour event. An FJT membership is $20. Tournaments will consist c:: 36 holes over two days. Go online to www.floridajuniortour.org. ~ ~ Soutll Florida Section Westfield Junior PGA Championship qualifiers- SatJrday, Fountains Country Club, Lake Worth; Saturday, VanderbiJlt Country Club, Naples; May 22, Miromar Lakes Beach & Golf Club, Estero; May 30, Rio Mar Country Club. Puerto RJ.C0; and June 6, Don Shula's Hotel & Golf Club, Miami Lakes. Qualifiers advance to the s~ci~n championship on June 24-25 at Boca Woods Country Club. Fees are $25 for boys and ~:.::-:5 12-and-Ul1der and $40 for boys and girls 13-17. Call 954-752-9299. ~ . South Florida PGA Junior Tour - Co-presented by Jim McLean Golf Schools and The Grille Room Club. The Junior Tour schedule: June 11, PGA Golf Club, Port St. Lucie; June 22, Cobblestone Country Club, Palm City; July 1, Wyndemere Country Club, Naples; July 14- ~5, Tbe Club at TwinEagles, Naples; July 20-21, Lago Mar Country 'Club, Plantation; and Aug. L'-5~ Boca West Country Club, Boca Raton. The entry deadline for the SFPGA Junior Tour has .-. been extended to May 14. Juniors may enter by going online to www.sflorida.pga.com or by :alling 954-752-9299.' . Optimist Junior Golf program - Registration will be on Saturday from 9 a.m. to ~2':'():l at the Naples Golf Center on Davis Blvd. The program is for children ages 8-14. All cl1ildren must have some knowledge of the Rules of Golf, etiquette and a basic knowledge of how to play. There will be eight nine-hole tournaments starting on Tuesday mornings starting on June 15. Players will be broken down by age and flights. The ninth week will be a pro-junior c-::~~?=,~Je f'::rmat at Bonita Bay Club West. Sponsorships and volunteers are needed. For more ::::o:mation, contact Jim Carruthers at 248-7023. 1 . U.S. Kids Golf South Florida Tour - Remaining dates in Southwest Florida are Saturday at The Club at TwinEagles, June 5 at Shadow Wood Country Club, and Oct. 9 at -./",:,-,/- ",.. h I'T '... Jo_~Ca.;.. ,~ Other dates are: June 17. Weston Hills Country Club; July 8, Don Shula'sHotel & Golf ?...esort, Miami Lakes; Aug. 5, Riviera Country Club, Coral Gables; Aug. 5, Jacaranda Golf Club, Plantation; Aug. 12, Jacaranda OolfClub, Plantation; Sept. 11, Weston Hills; and Oct. 23, Don Shula's Hotel & Golf Resort. Contact Joe Vogel at 954-473-6000 or go online to 'oV\I,;w.uskic.sgolf.com. , n; =-:,~C:S Play For Free Program - At Cypress Woods Golf & Country Club this SUlTu"'Iler. The program is presented by the PGA of America and runs each Saturday through Sept. 25. Each Saturday during that period, from 10 a.m. to 3 p.m., kids under 16 can play for f-:-ee when riding with a paying adult. Tee times are up to two days in advance. For more .- i:~tQ::nation, call the golf shop at 592-7860. ~ . . . yasari Junior Clinics - Each Saturday morning until the ~~~~lw\9.1flORr. The (:lm.:~s wlll run from 10 a.m. to 11 a.m. Juniors age 5 to 17 are eligible to pa.rtiC3pam, ~ is Page 9 of 14 _._.._~ ._..-....~._-'.~-,--_.~-_.." '-"-"- ---,-~----- .--<--.--.'" ------..-.' --.. I I ?2..'J yer ~hild. Contact the Vasarl Golf Shop at 594-3959 to sign up or receive more --""~~~on ~ .......,.....\ ~...:._<::......J. .' . ' . West Coast Junior Tour - Age groups are 7-8, 9-10, 11~12, 13-14, 15-16 and 17- 18. The tour's membership fee is $100. Call Kathy Padgett or Tal B~chanan at 597-1761 or visit www.kathypadgettgolf.com.lI . Tom Patri Golf Schools After-School Clinic - Boys and girls ages 6-12 and 13-18. C~~,::1ics for boys and girls 13-18 will be on Wednesdays from 4 to 5:30 p.m., with clinics for boys and girls 6-12 on Thursdays, also from 4 to 5:30 p.m. Cost for entire month, $135. Call 455-9179. ~ . Rick Smith Golf Academy SuperStar Saturdays - Clinics for ages 7-17 on I, S~/:,x:-d2.Ys from 3 to 4:30 p.m. The cost is $35 per clinic, with a limit of 20 junior per session Wi'~1 a minim1.:m of six. Putting and chipping: May 15. Pitching and.full swing: May 22. ~ I . Rick Smith Golf Academy After-School Program - Elementary students, Mondays ! and Wednesdays. Middle-school students, Tuesdays and Thursdays.: Times, 4 to 5:30 p.m. Cost, S:,50 per month, one day a week; $285 per month, two days per week. Call 593-1111. ~ T :-=-SA of America Link Up 2 Golf Program - at Pelican Preserve Golf Club; Every ~.(cl1day, May 10-June 28, 5-6:30 p.m. or every Wednesday, May 26-July 14,5-6:30 p.m. Entry, $150 includes eight 90-minute classes, use of rental clubs and range balls. Call Matt Keller 985-1707. , 1] LPGA/USGA Girls Golf Club Kickoff Clinic - at Worthington Country Club, Bonita 5:o:-ings. vVednesday, June 2~ 9:45 a.m. For girls 7-17 to learn to play golf. LPGA Tour co- f'J"_:'1der and Hall-of-Famer Patty Berg of Fort Myers will participate.. Classes in the Fort Myers division will follow every Wednesday from June 2-July 28 from 9:30 a.m. to noon at area courses. Divisions of the Girls Golf Club also are held in Cape Coral and Naples. Cost, $80. For mc:e information, call Jeanne Rubado, Fort Myers division, 267-0153; Rhonda Boutelle, Cape Coral division, 549-8243; Kathy Padgett, Naples division, 593-1111. ~ II "\VCIIMercedes-Benz of Fort Myers Junior Golf Foundation - Kickoff Klinic, Saturday, June 5 at Tibur6n Golf Club featuring teaching professional Rick Smith. Registration, 8 a.m.; K~bjc~ 8:30-noon. Instruction provided by local and WeI golf professionals. Klinic is free of (:~:~~'ge to all participants. Call 593-1111 or e-mail them at ::-~cksmithgolfacademy@wciconununities.com to register. Tbejunior tour schedule: June 16, The Colony (18 holes) and Raptor Bay (9 holes); July 7, Pelican Preserve (18 holes)t Gulf Harbour (9 holes); Aug. 3, Pelican Marsh (18 holes), Tibur6n (9 holes); Tournament of C:1.c.mpions, Aug. 14, Raptor Bay. ~ ~~(k. C~<t- \Tv: T <::uf SW Hc<.<J~ ~Cf ({kSe4G{iz.,~ 'Z.b/.. J s3~ Agenda Item No.1 OH May 25, 2004 Page 10 of 14 Page 1 of 1 Larry Gantzer ~- - -':":"! :-!a~rs {!harris@VASARlcc,comJ -:::',~eolIj"'. Friday, Way 14,200411:29 AM _....;;..... To: '..9antzer@naplesbeachhotel.com SrJ~J':!et: junior golf LcTV, :...l::\,; ~~e ~hings ~cin9? I received the email requesting info about any junior golf programs; that are going on this summer. We have a pretty active schedule for juniors planned. We are conducting week long junior gotf dintcs at three different times: June 14 - 18. JUlY' 12 - 16, and August 2 - 6. Cost of the cl:-::cs is S80 per child for the weel< or $20 per day. The clinics run from 9 a.m. to 11 a.m, with lunch and awards on the Friday of eao:!- sessior,. During the season, we offered Junior Clinics every Saturday from 10 a,m. W 11 a,m. 'lie :~ave a few Junior Golf Tournaments scheduled this summer as well. on June 22nd, tHe Optimist Junior League is playing at vasari. On July 16th. the Gulf Coast JunIOr Tour is having an event here, I have been in contact with Donald Shea about hosting a Jur::o' Medalist session here this summer, but we have yet to set a date, In March, during :the season, we hosted a two day Junior '('E:="~~ 'i?ven~ i:.;n by Tal Buchanan and Kathy Padgett. Fir3~ 8~otis~ Church Academy plays their home matches here. and their team can practice here after school during the week. We hostec a few matches for the Gulf Coast High and Pine Ridge Middle girl's teams as well. Hopefully this information will help. Just so you know. Vasari Country Club offers a Junior Membership and I always encourage }';-:-"3 ~':J come out to practice and play our course, Ifthere is ever anything I can do to help. don't hesitate to call, Good luck. tn-: '.-..::.~is r..ez.d golf professional _ vasari country club '2~9) 594 - 3959 I Agenda Item No. 10H May 25, 2004 5!1 4'/04 Page 11 of 14 ~-~------------" _.-.-.. ._.-. ---~- --""-.-- Page 1 of 1 .. L2;";r Gantzer . From: Cory Schaub [CorySchaub@Wcicommunities.coml Sen:: Friday, May 14,2004 3:00 PM - ,..' 'U;ant:er@naplesbeachhotel,com' SL'bject: RE: Jr, Got~ Info Needed Larry, '-';---:::-:::<: 3ay ;$ ,",O$~ing a 2 day south Florida Memorial Day classic put on by on Joe Vogel, 90 juniors are signed up to play so =;;". ';':e 2re then going to host 82 day event in October for the Florida Junior Golf Assoc., Oet 911\ & 101tl approximately 100 j:.:t.:crs. \Ve are going to start having a weekly 1.5 hour junior clinio every Saturday afternoon for juniors which will be open to anyone. Cost will be around $15 to $20, We are also looking at possibly doing some week long camps this summer open to any juniors. Cost will be around $150, HZ770:;'-( Bay along with all \tVC1 golf courses will be participating in the Jr.'s Play Free Summer Promotion. Let me know if you have any questions. Take care, Cory Schaub Hecc '3::" P!'Ofessiona1 HG~"""e~'< Say Go'l &. Country Club 22.~-3~L._LS! ~ -----Original Message--- Larry Gantzer is looking for any information on Jr Clinics, Jr. Play, Jr. Instruction Of Jr, Tournaments in Corlier County. I. will be used to help inform Collier County Commissioners about all Jr Activity in Collier. He is tJying to get land for Colli+. Jr, Golf, Please forward any information to Larry by Monday, April 17 to Lgantzer@naplesbeachhotel.com or fal( 659-4308. -:-"ank you for your help. Agenda Item No, 10H May 25,2004 5/i 4/04 Page 12 of 14 .. ~ - GOLF COURSE STUDIES 7/13/82 BCC endorses Collier Golf Authority, Inc. community golf course. 2/14/84 Feasibility study re acquiring the Golden Gate golf course - approved. 5/1/84 Hiring of Revenue Consultants, Inc. to make a study of the County acquiring the Golden Gate Golf & Country Club, based on the cost estimate and time frame. Approved 4/0 6/12/84 Budget Amendment for $12,500 for Golden Gate Golf Course feasibility study - Approved 7/17/84 Golf Course Feasibility Study by Revenue Consultants, Inc. accepted, Negotiations with Golden Gate Golf Course suspended. Unanimous 8/14/84 Workshop to set date for proposal on public golf course - continued to 8.21.84. 8/21/84 Recommendation regarding workshop date for proposal on public golf course - withdrawn (4/0) , , 3/191/85 Staff directed to investigate the feasibility of a County owned golf course I l- and to report back to the BCC. 3/1 - Commissioner Hasse opposed. 5/21/85 Staff directed to investigate leasing or lease purchase of golf course 10/18/88 Recommend BCC not accept proposal for acquisition of Pine Wood Lakes Country Club and Golf Course in Lakewood. 5/0 10/17/95 Golf course - continue working with Golf Authority with no fmancial responsibility to County 11/28/95 BCC direst stafIto advertise property for sale for development of golf course. 7/27/98 Public Petition to discuss surplus property adjacent to current landfill site. Staff directed to investigate further into said property for a municipal golf course and bring report back to BCC in 60 days" 11/3/98 Executive Summary to determine if BCC desires to pursue a recreational type use on property within the County's inventory, but previously declared as surplus. (adjacent to Landfill). Staff to move forward to issue RFP for architect for joint use; engineer to be contracted for wetland '-~'"-'-"""'_~_4_ !':tydy; site plan to be prepared for combined use; and staff to pursue , 1-'<, I r [\/1_1' - i r:;O'~~4 11 , I ' Agenda Item No. 10H I - I .. _..--.-,~ ,. f .... " r .. ::-:"7---- r-.---- May 25, 2004 ,,",_..:";~~'_-:"'::..., ~.~..-..'~'_.:.=--~ Page 13 of 14 -.--'..- -,._,--~." . . acquisition of additional parcels 312. (These parcels were landlocked within the county owned property) . 6/22/99 Golf Course/ Action Sports Park - request for proposal 99-2916 - approve final ranking 4/0. (J. Roland Lieber, P.A. for Architectural Services for Design ofa Golf Course Facility.) 9/14/99 Golf Course put on hold - staff to investigate further 4/1 (Land falls under DCA and may take 18 months to 3+ years to complete assessment) Staff to explore possibility of acquiring an existing course. 11199 County contacted by Heritage Greens Golf Enterprises to determine if county had any interest in purchasing Arrowhead Golf Course. A task force was assembled to research and make a recommendation. 3/31/00 Owners of six golf courses were contacted to determine interest in selling their property to the County. Two responses - one was a declination of interest; the other a positive response from Arrowhead Golf Course, After a study was completed, for numerous reasons, primarily financial, staff made the recommendation against the purchase of Arrowhead Golf Course, - Agenda Item No. 10H May 25, 2004 Page 14 of 14 /0 T EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners enter into an Agreement with Life Choice Pregnancy Resource Center to receive funds associated with Adoption Awareness license plate revenues. OBJECTIVE: That the Board of County Commissioners enters into an Agreement with Life Choice Pregnancy Resource Center to receive funds associated with the Adoption Awareness license plate revenue program, CONSIDERATIONS: Florida Statute 320,080587(30) states that a portion of fees generated from the sale of the "Choose Life" license plates program be reapportioned to each county so that funds can be distributed amongst qualified non-governmental not-for- profit agencies whose services involve counseling and meeting the needs of pregnant women who are committed to placing their children for adoption, Collier County Government receives these revenues from the sale of the "Choose Life" license plates in early September each fiscal year. The County received $16,865 in FY 03 and currently has a balance of$41,300 in the Adoption Awareness Fund (170). In order to distribute those funds, the County issued an RFP on April 11, 2002 seeking a qualified agency eligible to disburse these funds; however, no qualified agency sought to act as the disbursement agent. On March 22, 2004 the County again issued an RFP seeking a qualified agency to disburse these funds and two organizations requested information on receiving these funds, Subsequently, one of the organizations determined that they were not interested in receiving the funds leaving one organization-Life Choice Pregnancy Center, Inc,-who is interested in receipt of the funds, Life Choice Pregnancy Center, Inc. responded to a questionnaire indicating that they were eligible to receive the funds for adoption awareness activities and have agreed to perform the responsibilities according to the specifications ofthe Agreement. FISCAL IMPACT: A maximum of $10,000 from the Adoption Awareness Fund (170) will be disbursed to the Life Choice Pregnancy Center in FY 04 and is included in the current budget. A maximum of $40,000 or the remaining balance October l' 2004 will be disbursed to the Life Choice Pregnancy Center in FY 05, and the remaining balance in the fund as of October 1 st for FY 06 and FY 07, GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary, RECOMMENDATION: That the Board of County Commissioners approve the Agreement and authorize the Chairman to sign said agreement. /(J-r AGREEMENT THIS AGREEMENT, made and entered into this day of June, 2004, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY," and Life Choice Pregnancy Resource Center, located at 10611 Tamiami Trail, North, Naples, Florida 34108, hereinafter referred to as the "APPLICANT." COUNTY and APPLICANT are hereinafter collectively referred to as "the parties." WITNESSETH: WHEREAS, pursuant to Subsection 320.08058(30), Florida Statutes, the COUNTY is authorized to receive annual use fees derived from the sale of Choose Life license plates; and WHEREAS, Subsection 320.08058(30)(b), Florida Statutes, provides that each county shall distribute the funds to nongovernmental, not-far-profit agencies within the county, which agencies' services are limited to counseling and meeting the physical needs of pregnant women who are committed to placing their children for adoption; and WHEREAS, APPLICANT is an agency that is eligible to receive the referenced funds. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties hereto agree as follows: SECTION ONE: Terms of APPLICANT. 1. APPLICANT certifies that it is an agency whose services are limited to counseling and meeting the physical needs of pregnant women who are committed to placing their children for adoption. APPLICANT further certifies that its agency is not involved or associated with abortion activities, including counseling for or referrals to abortion clinics, providing medical abortion-related procedures, or pro-abortion advertising. In addition, APPLICANT certifies that its agency does not charge for the services it proVides to women. 2. APPLICANT is applying to COUNTY for funds derived from the sale of "Choose Life" license plates. APPLICANT agrees to comply with the provisions of Subsection 320.08058(b), Florida Statutes, and to utilize at least seventy percent (70%) of the funds for purposes set forth therein as follows: a. To provide for the material needs of pregnant women who are committed to placing their children for adoption, including clothing, housing, medical care, food, utilities, and transportation. /oJ b. To provide for the care of infants awaiting placement with adoptive parents. e. To provide adoption, counseling, training or advertising. 3. APPLICANT agrees that it will not utilize the funds for administrative expenses, legal expenses, or capital expenditures. 4. APPLICANT shall maintain all records of expenditures of the funds it receives from COUNTY. 5. At the end of each fiscal year, APPLICANT shall submit to COUNTY an annual audit of the referenced funds. This audit is to be conducted by a certified public accountant in accordance with Subsection 320.08058(30)(b)3, Florida Statutes. 6. At the end of the fiscal year, any unused funds that exceed ten percent (10%) shall be returned to COUNTY. SECTION TWO: Terms of COUNTY. 1. COUNTY shall make disbursements to APPLICANT as follows: a. Ten Thousand and 00/100 Dollars ($10,000.00) from the period beginning the date of this Agreement through September 30, 2007. b. Forty Thousand and 00/100 Dollars ($40,000.00) from October 1, 2004 through September 30, 2005. e. Twelve Thousand and 00/100 Dollars ($12,000.00) or the balance of the revenue received from October 1, 2005 through September 30, 2006. d. Twelve Thousand and 00/100 Dollars ($12,000.00) or the balance of the revenue received from October 1, 2006 through September 30, 2007. This schedule is subject to change annually if the number of applicants increase, or if the annual distribution to COUNTY decreases. 2. Prior to the 2004, 2005 and 2006 disbursements, COUNTY shall review the annual audit at the end of each fiscal year, and shall notify APPLICANT of any discrepancy it reveals and give APPLICANT an opportunity to correct such discrepancy within 60 days of notice. Once COUNTY approves the audit, COUNTY will forward its annual disbursement to APPLICANT. 2 /OJ 3. COUNTY will maintain all audits received by APPLICANT including all other communications in accordance with Chapter 119, Florida Statutes, the Public Records Laws of Florida. 4. COUNTY will withhold the disbursement of the referenced funds if COUNTY finds that APPLICANT is not in compliance with the provisions of Subsection 320.08058(30), Florida Statutes, or does not comply with the terms of this Agreement. SECTION THREE: Miscellaneous Terms and Conditions. 1. The contacting party representatives shall be as follows: AS TO COUNTY: Barry Williams, Director of Human Services 3301 East Tamiami Trail Health and Public Services Building H, Room 211 Naples, Florida 34112 Telephone Number: 774-8154 E-Mail Address: BarryWilliams@colliergov.net AS TO APPLICANT: Carolyn Hoover, Vice Chairman 10611 Tamiami Trail, North Naples, Florida 34108 Telephone Number: 513-9775 E-Mail Address: LCPRC@prodigy.net 2. This Agreement shall be governed by and constructed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Agreement, each party shall be responsible for their own court costs and other expenses, including attorney's fees. 3. The term of this Agreement is from June 30, 2004 through September 30, 2007. On or before the expiration date of this Agreement, the COUNTY may extend this Agreement by mutual agreement of the parties under all of the terms and conditions contained herein for an additional two (2) years to be determined by the COUNTY'S Director of Human Services and the Board of Directors of APPLICANT. 4. The COUNTY or APPLICANT may terminate this Agreement with reasonable cause or by mutual agreement prior to the expiration of the term of this Agreement, upon thirty (30) days written notice each to the other. In the 3 /c2L event of such termination by either party, the COUNTY shall be entitled to compensation for the remainder of the unexpended portion of funds APPLICANT receives. 5. Nothing herein contained shall create or be construed as creating a partnership between COUNTY and APPLICANT or to constitute the APPLICANT as an agent of the COUNTY. 6. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the COUNTY and APPLICANT. IN WITNESSES WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witnesses: LIFE CHOICE PREGNANCY RESOURCE CENTER, By and through its Board of Directors By: CAROLYN HOOVER, Vice Chairman ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Robert N. Zachary Assistant County Attorney 4 /qI STATE OF FLORIDA ) COUNTY OF COLLIER) ACKNOWEDGED BEFORE ME this day of , 2004 by Carolyn Hoover who is known to me to be the Vice Chairman of the Board of Directors of Life Choice Pregnancy Resource Center, and who ( ) is personally ~ownor( )whopro~ded as identification. Notary Public My Commission Expires: 5 /O~ .- EXECUTIVE SUMMARY Request to grant final approval of the roadway (private), drainage, water and s~wer improvements for the final plat of "Isla Vista at Grey Oaks" the roadway and drainage improvements will be privately maintained, the sewer improvements will be maintained by Collier County, the potable water improvements will be maintained by the City of Naples OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Isla Vista at Grey Oaks" CONSIDERATIONS: 1. On December 19, 2001, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Isla Vista at Grey Oaks". ~ 2. The roadway and drainage improvements will be maintained by the project's homeowners association. The sewer improvements will be maintained by the County; the water distribution system will be maintained by the City of Naples. 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 the Transportation Services Division and Public Utilities Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. - The water improvements will be maintained by the City of Naples. Agenda Item No. 16A 1 May 25, 2004 Page 1 of 5 .,,, ."..-...,.,...-.--,,,,.-,, "._'~"'-"-',",,,;".,,,,......~.. .'...........,.. _.,.".~ ""..",.., """,,-,,'.'.-..~'.' .'.__. .".,..."."'-'...."""-""".._""'",...,~,",...,".","."",,..q...'"... ''''-';'''-~ ,..,.. ',,",,..,-. Executive Summary Isla Vista at Grey Oaks Page 2 GROWTH MANAGEMENT IMPACT: There is no growth management impact. STAFF RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Isla Vista at Grey Oaks" 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. 16A 1 May 25, 2004 Page 2 of 5 .---. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS .- Item Number 16A1 Item Summary Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Isla Vista at Grey Oaks" the roadway and drainage improvements will be privately maintained, the sewer improvements will be maintained by Collier County, the potable water improvements will be maintained by the City of Naples Meeting Date 5/25/2004 9:00:00 AM Prepared By John Houldsworth Senior Engineer Community Development & Engineering Services Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 4/30/20041:15 PM Approved By Thomas E, Kuck. P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services Environmental Services 4/30/20048:50 AM ,,--.~, Appro,'ed By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin, 4/30/20042:09 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/1/200411:36 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/3/2004 10:57 AM Approved By James V. Mudd County Manager Date .. Board of County County Manager's Office Commissioners 5/3/2004 5;33 PM _. Agenda Item No. 16A 1 May 25,2004 Page 3 of 5 .. . ._, ~-_. . ..---.--- t cn..Dl" '"''1 .._..y eA ._ ~ ~-- ! ~ I I I LOCATION MAP SITE ISlA VISTA AT GREY OAKS ,_., RESOLUTION NO. 04-_ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNfY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN ISLA VISTA AT GREY OAKS, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBll..ITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE ISLA VISTA AT GREY OAKS HOMEOWNERS ASSOCIATION, WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 12, 2000 approved the plat of Isla Vista at Grey Oaks for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No, 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No, 01-57); and WHEREAS, the Developer is requesting final acceptance of the roadway, - drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Isla Vista at Grey Oaks, 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 Isla Vista at Grey Oaks homeowners association, The water distribution system will be maintained by the City of Naples, This Resolution adopted after motion, second and majority vote favoring same, this _ day of ,2004. DATE: BOARD OF COUNTY COMMISSIONERS A TrEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: ,,-- Jennifer A, Belpedio Assistant Collier County Attorney Agenda Item No. 16A 1 May 25, 2004 Page 5 of 5 ---."- -.-..-.......--. ~_.._._-- - EXECUTIVE SUMMARY Request to approve for recording the final plat of "Veronawalk Townhomes Phase One", 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 "Veronawalk Townhomes Phase One", a subdivision of lands located in Section 26, Township 50 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 "Veronawalk Townhomes Phase One". 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 "Veronawalk Townhomes Phase One" be approved for recording. FISCAL IMPACT: The project cost is $1,001,580.01 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $427,498.67 b) Drainage, Paving, Grading - $574,081.34 The Security amount, equal to 110% of the project cost, is $1,101,738.01 - Agenda Item No. 16A2 May 25, 2004 1 of 5 ,.... ____....,.. ,.........,."'",.^"'~.'.." -,-,. .., _.",'.,.., .' """;"'~'("'.i."",-""'"","~",," Executive Summary .""""~ Veronawalk Townhomes Phase One 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: $31,207.40 Fees are based on a construction estimate of $1,001,580.01 and were paid in October, 2003. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.!ac)-$ 1,160,00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 3,206,24 Drainage, ,'.'- Paving, Grading (,75% const. est.) - $ 4,305.61 c) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ 9,618.73 d) Drainage, Paving, Grading (2.25% const.est.) - $12,916.82 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. HISTORICAUARCHAEOLOGICAL 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. .,fO"-~ Agenda Item No. 16A2 May 25, 2004 2 of 5 ,..,- ..._"""..~,--""",...."",,,,,,"',-. ,.,..'n"_v Executive Summary Veronawalk Townhomes Phase One Page 3 STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Veronawalk Townhomes Phase One" for recording with the following stipulations: 1. Approve the amount of $1,101,738.01 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 standard 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 May 25, 2004 3 of 5 'k_"_""""" .'-' COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16A2 Item Summary Request to approve for recording the final plat of "Veronawalk Townhomes Phase One", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security Meeting Date 5/25/2004 9:00:00 AM Prepared By John Houldsworth Senior Engineer Community Development & Engineering Services Environmental Services Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/16/200410;30 AM Apprond By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/17/20048;14 AM Appro\'ed By "~, James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/1712004 5:55 PM Approved By Thomas E. Kuck, P.E, CDES Engineering Services Director Date Community Development & CDES Engineering Services Environmental Services 5/3/20043:50 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin, 516/20048;54 AM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/6/20049:09 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/612004 1 ;28 PM - Agenda Item No. 16A2 May 25, 2004 4 of 5 --..-. ".__.,-, ".---. ".-u5 "(Ill-" ~r OIIV MlJCCUO... a... ........n.._.... " [0' ~~ , '0 ! zi ""' ~...nlA'T5 ~ . I :::;., ~~ I ~= C_"lI.~1 " ., " ,. " --- '" ~a ,~, I; I' I~ " " " I ~ 'tlI'INO"C C'T'F'~ESS ~ .~l , "A"".UW"'IOI( ~~ . ,.,. , I LOCATION MAP SITE MAP VERONAWAL~ PHASE OlE -\1 {;} - EXECUTIVE SUMMARY Request to approve for recording the final plat of "Veronawalk Townhomes, Phase Two", 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 "Veronawalk Townhomes, Phase Two", a subdivision of lands located in Section 26, Township 50 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 co nstructi 0 n drawings, specifications, and final plat of "Veronawalk Townhomes, Phase Two". 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 124 Lot subdivision being developed by Divosta Homes, LP. Engineering Review Section recommends that the final plat of "Veronawalk Townhomes, Phase Two" be approved for recording. FISCAL IMPACT: The project cost is $873,624.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $364,922.67 b) Drainage, Paving, Grading - $508,701 .33 The Security amount, equal to 110% of the project cost, is $ 960,986.40 - Agenda Item No. 16A3 May 25, 2004 Page 1 of 5 . , .~'" ._"'_"._._..._'_'.'u___'____,..._"......_.'"..,....~...'.,~_",''''''~''''H".....,....'~".."''".,.,.,~,,...' ."..,_.."..,.,-_"".~ .. ,~------,- Executive Summary Veronawalk Townhomes, Phase Two 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: $27,328.72 Fees are based on a construction estimate of $873,624.00 and were paid in December, 2003. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac)-$ 1,120.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 2,736.92 Drainage, ,..,-~ Paving, Grading (.75% const. est.) - $ 3,815,26 c) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ 8,210.74 d) Drainage, Paving, Grading (2.25% const. est.) - $11 ,445.80 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. .--".. Agenda Item No, 16A3 May 25, 2004 Page 2 of 5 ""-'-....---..."' Executive Summary Veronawalk Townhomes, Phase Two Page 3 STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Veronawalk Townhomes, Phase Two" for recording with the following stipulations: 1. Approve the amount of $960,986.40 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. 2, Approve the standard 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. 16A3 May 25, 2004 Page 3 of 5 '.._..n_'_'" COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS .- Item Number 16A3 Item Summary Requesl to approve for recording the final pial of 'Veronawalk Townhomes, Phase Two", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security Meeting Date 5/25/2004 9:00:00 AM Prepared By .John Houldsworth Senior Engineer Community Development & Engineering Services Environmental Services Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/16/200410:45 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/19/20048:38 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/19/20048:53 AM - Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin, 5/6/2004 8:54 AM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/6/20048:56 AM Approved By Thomas E, Kuck, P.E, CDES Engineering Services Director Date Community Development & CDES Engineering Services Environmental Services 5/6120048;14 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin, 516/2004 1 :29 PM - Agenda Item No. 16A3 May 25, 2004 Page 4 of 5 .__..-" ------ __0'..___--..-.-- --.-,'---- 1t:FH1~~ l ~ "'''.-, ~,I I I I iJ: -~DTIILBJ ". ',' I . ~. . ..625 Iii , I 'I I I' I I " ,I' I I I I 'I' I I 1 I II Iii I -,.,~,~ I I ~ ~I ' I " " @I I I U~" 1 I . ~I!I -~"I ~ I I I ;=:-1 I, ~ . ,,~~~'" I I " I II'! ' I I 1"1 I I ! [I I III :-1 I " I II II I 71J I I I ~ , ,,' "I I I I . I I I I _COo(; ~___S5 I I ~ I I I I I I 1 I LOCATION MAP SITE MAP VERONAWAUI TO_5 PHASE TWO I"'~."":'" ".'.,.-...;;fOl... "f!'. . .- EXECUTIVE SUMMARY Final Acceptance of Water and Sewer Utility Facilities for AR-5477, Crystal Lake Terraces, Phase II, Eagle Creek M2 OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. ,. CONSIDERATIONS: 1} The Developer of AR-5477, Crystal Lake Terraces, Phase II, Eagle Creek M2, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on 6/25/01. Final acceptance is in accordance with Ordinance 2001-57, as amended, 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. - 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory, 6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of $2,004.50, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues, GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the wat~r and sewer facilities for AR-5477, Crystal Lake Terraces, Phase II, Eagle Creek M2, and ,- release the UPS to the Project Engineer or the Developer's designated agent. Agenda Item No. 16A4 May 25,2004 1 of 3 ~-- .~- ~.. -,...-.........,...,."...->>..",... .. . _""_..__~.___..~.";..,.,_'.._,_.".,.,,,._,.,~..",..u,.,.._,." .",",_..."___.._.__._~~". COLLIER COUNTY - BOARD OF COUNTY COMMISSIONERS Item Number 16M Item Summary Final Acceptance of Water and Sewer Utility Facilities for AR-5477, Crystal Lake Terraces, Phase II, Eagle Creek M2 Meeting Date 5/25/2004 9:00:00 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 4123/20042:14 PM Approved By Joseph B, Cheatham Wastewater Director Date Public Utilities WasteWater Treatment 4/26/2004 5;02 PM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services Environmental Services 4f27f2004 2:30 PM Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 4129/20048:32 AM - Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 4/29f2004 8:32 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/16/200410:04 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/17f2004 8;45 AM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 5f17f2004 5:45 PM Approved By Constance A, Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin, 5f4/2004 12;56 PM Approved By - Community Development & Joseph K, Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin, 5/6f2004 1 :25 PM AgF!nrl::l ItF!m Nn 1 flA4 May 25,2004 2 of 3 ,.---.- ..-.-.-- --- -- _1 0" " " - ~ ,~, " " .~'-... ; (S'""'I ..'1 ~n . "'" i~ . , is , I .J1 1/ , LOCATION MAP SITE MAP EAQ..E CREEK '""",':~", , ,.,-. EXECUTIVE SUMMARY Final Acceptance Of Water Utility Facilities For Ave Maria Interim Facility University OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Ave Maria Interim Facility University, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on 12/6/00, Final acceptance is in accordance with Ordinance 2001-57, as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water- ,,-. Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory, 6) The Utilities Performance Security (UPS), in the form of an Performance Bond No. 8284161 in the amount of $2,012.00, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental. Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Ave Maria Interim Facility University, and release the UPS to the Project Engineer or the Developer's designated agent. ,,-. Agenda Item No. 16A5 May 25, 2004 1 of 3 w ,,__......_...__,,_ ~......"__..'""_",..,~ ...._....._ .... d','.' .- ,.,.,~..."""'."-"'-_....._._".".,~-~..,,.^ ,- ^ ~-'_.~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number 16A5 Item Summary Final Acceptance of Water and Sewer Utility Facilities for Ave Maria Interim Facility University (Greenfield Commons) Meeting Date 5/25/20049:00:00 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 4/29/200410:45 AM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 4/29/200410:38 AM Approved By Thomas E, Kuck, P,E, CDES Engineering Services Director Date Community Development & CDES Engineering Services 4/29/2004 3:08 PM Environmental Services Approved By William D, Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 4/30/20049:37 AM ~- Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 4/30/20049:37 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/16/200410:08 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/17120048:48 AM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 511712004 5;48 PM Approved By Constance A, Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin, 5/6/2004 9:43 AM Approved By - Joseph K, Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin, 5/6/2004 1 :26 PM Agpnrl::l Itpm Nn 1 RAt; May 25, 2004 2 of 3 -- -..--.. -,._---"-~---~.._---- - - -- - """,....... " .. " j I - - GOlDE GATE l TAnS .... ~. roar: 0'''," \ ! -' , , Ii " II I,ll II I , " ~ :I:il -~. co.Jlf"O~'O'."'(1 111I -, " II --- I II "".. II ., I ., AIJIO GAlla'''.' ~::.o.. ~, . t"..1U ~II;"''' -, . CE_I\.<S: , ~- -- ~ " I: -~ i ~;.- " - . - " u LOCATION MAP SITE MAP AVA _ NT. FACUTY AT GREEIf'EUl COI94ONS - ~' t-'-. . ,"' .~ .- .. - EXECUTIVE SUMMARY Final Acceptance Of Water Utility Facilities For Key Royal Villas OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Key Royal Villas, has constructed the water facilities within dedicated easements to serve this development. See attached location map, 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on 3/7/03. Final acceptance is in accordance with Ordinance 2001-57, as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water- Sewer District during the one (1) year warranty period. ......- 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of an Irrevocable Standby Letter of Credit No. S305431 in the amount of $12,640.69, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, - accept the water facilities for Key Royal Villas, and release the UPS to the Project Engineer or the Developer's designated agent. ~ Agenda Item No. 16A6 May 25, 2004 1 of 3 ,.-.....--- , ...,_________.'__.....,,_""_.'...."...."~m........'.,"'"_......__, '_""<M'~_~_ ,.~.__..._'..,__~_^_ "__0 ____"u_~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -. Item Number 16A6 Item Summary Final Acceptance Of Water Utility Facilities For Key Royal Villas Meeting Date 5/25/2004 9:00:00 AM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 4/29/200410:39 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 4/29/200410;45 AM Approved By Thomas E, Kuck, P,E. CDES Engineering Services Director Date Community Development & CDES Engineering Services Environmental Services 4/29/20044:36 PM Approved By William D, Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 4/30/2004 9:36 AM .-- Approved By William 0, Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 4/30/20049:36 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/16/200410:12 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/17/20048:50 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/17/20045:50 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/5/2004 4:40 PM Approved By Joseph K, Schmitt Community Development & .- Date Environmental Services Adminstrator Community Development & Community Development & Environmental Services Environmental Services Admin, 5/6/2004 1 :27 PM ^SSA9a Item I>]g, 1 eJ\e May 25, 2004 2 of 3 ._-~,-_..- - _.---_.,-"---_.- --. "--.-... - cEE COUNTY __ CJ ~ .~ "ot.tQ. - . . 10 II 12 __ I --,-- I -. Wtlil...so... I . ~~ <<.).., ""ore',""" -!-J U III !l.;ooa. ~ _SQ. ~~I _ -~i~ i!" '. " .. I " ~;H , I -- bP I. i IT !T" ~ I I ! ~~'~ 11-;'l'1 " H...olIlIl\"" SITE I ~~ -- .-/" LOCAT'ON "~~IIOAllt-.._ I _ ! ~nii< R:c:::; \J i~" J:: R I, i==f8' '{ I I 1 25 I8ISCO~ ~~ : ~ =- ~,\ ~ ;;;x:............. >- I ,-"- ~ t-- _"'-I. '11 I ~ i a-;::::: r--j~ I RICK.....;, ~ rl ~I--- J I I 1111 I:::::S; " ,~, i=1 :=r-1,>---<- D D.JlOIo (i,o.'r'( awn JJ ::\' ~ l ~:f----P -,.. 3iI ~ l~ I I ~ I-~ ii' TI~ I '\02~ ~ t= ",""'''''00 '- ' 1-- .::-:n---.. ~ (' ~ i=1 J::: I I I ILA t:: r- _ , ~ ~ I " :.-. a---i Ui 1""\ :7 . ~.;.."'.... ~~~..'~m i I ~H ~ ~. , ,.. . = I 1II11 r- I I I = " I I T ~ l~ lil!11111 II IIIII1 ,as co", 81 ! I f- - i III I I ~':' ~ -.- '" " 7rrTmmTTm\ lH b 'j:: II '';' ~..':' ~~',U"~ ~::":"'" 1/1, ~ :\' I-lR c'----' .. 1+orn ",... 1~"H: May 25 2004 LOCATION MAP SITE MAP '30f3 KEY ROYAL VLLAS , , _. EXECUTIVE SUMMARY Establish the name of the Marco Island 9-mile Artificial Reef as the "Marco Sportfishing Club Reef." OBJECTIVE: ~.o name an artificial reef following the guidance of the County Policy for naming a County-owned building, structure, or facility. CONSIDERATION: The BCC has adopted a policy for naming County-owned buildings, structures, or facilities which requires a petitioner to obtain the signatures of a minimum of 1000 individuals. The applicant must also include a list of acts upon which the applicant believes justify the naming. Pursuant to the policy, the Marco Sportfishing Club has obtained the signatures of 1100 individuals requesting that the Marco Island 9-mile Artificial Reef be named the "Marco Sportfishing Club Reef." A letter detailing the basis for requesting the naming of the reef is attached to the executive summary. Upon approval by the BCC to rename this reef, County staff will use this name in all subsequent reports and literature. FISCAL IMPACT: There will be no fiscal impact from this item. All name changes in reports _. and literature will be made during routine updates. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the naming of the 9-rnile artificial reef as the "Marco Sportfishing Club Reef." ,-.. Agenda Item No. 16A7 May 25, 2004 1 of 4 _~._._u_ ,--"-~",---""".,--,,,--,,"-","~..--,- ,,,,,,,,,,",,,,,,"', ,"- ^'.-.".- ..........-....w.r_<.,-... -,-".,.,"-~_.._- COLLIER COUNTY - BOARD OF COUNTY COMMISSIONERS Item Number 16A7 Item Summary Establish the name of the Marco Island 9-mile Artificial Reef as the "Marco Sportfishing Club Reef." Meeting Date 5/25/2004 9:00:00 AM Prepared By Doug Suitor Senior Environmental Specialist Community Development & Environmental Services Environmental Services Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/16/200410;15 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/17/20048:12 AM Approved By James V, Mudd County Manager Date Board of County County Manager's Office _. Commissioners 5/17/20045:52 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin, 5/6/2004 4:47 PM Approved By William D, Lorenz, Jr" P.E. Environmental Services Director Date Community Development & Environmental Services Environmental Services 5/7/2004 9:03 AM Approved By Deborah L. Wight Assistant to the County Manager Date Board of County County Manager's Office Commissioners 5/7/20043:27 PM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin, 5/7/20046:36 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date - Community Development & Community Development & Environmental Services Environmental Services Admin. 5/7/20048:55 PM Agenda Item No, 16A7 May 25, 2004 2of4 ~- -._.-,-- -"-._-,.- ---^.., I - . , Marco Sportfishing Club P.O, Box 2104 Marco Island, FL 34146 March 4, 2004 Mr. Doug Suitor RECE\VEO Collier County Environmental Services 2800 North Horseshoe Drive MAR - 5 2004 Naples, FL 34104 Dear Doug: --... - -.-" .",---- -- Enclosed are petitions containing approximately 1,100 signatures requesting that the 9-mile artificial reef off Marco Island be named the Marco Sportfishing Club Reef. The reasons for naming this reef as requested are: 1. The club, since its inception in 1989, has supported the construction of artificial reefs off Collier County. Reef building is a basic purpose of the club as stated in the bylaws, 2, The club worked with the County to select, survey and request Federal Permits for the 9-mile and 12-mile.reefsites. 3. The club worked with the City of Marco to have the Barfield Bridge debris dumped at the 9-mile site, 4. Club members volunteered their time and their boats to haul "reef balls" out to the 9-mile site. 5, The club raised over $1,000 and donated it to Collier County for the specific purpose of adding material to the 9-mile and 12-rnile sites, 6. The club will continue to support reef building, Among the petition signers are all the members of the Marco Island City Council and the City of Marco Island Waterways Committee. Also signing are many members of the Marco Island Coast Guard Auxiliary, Marco Island Sail and Power Squadron, Marco Island Cruise Club, Naples Fishing Club, Marco Bay Yacht Club and Marco Island Mariners. Also enclosed is a September 8, 2003, letter from Nancy Richie, Environmental Specialist for the City of Marco Island, expressing the City's support of our request. Doug, we appreciate your offer to guide our request through the Collier County Government and ask that you do so. If there are any questions, I can be reached at 239-389-1495. Sincerely" . . - Ii.. . \j)l ){(t'- vJ Ghn Miniutti Reef Chairman Agenda Item No. 16A7 May 25, 2004 3of4 .. .-..._. .. _.~ Monday. September 8, 2003 Mr. John Miniutti, President Marco Sportsfishing Club P.O. Box 2104 Marco Island, FL 34146 RE: Marco Sportsfishlng Club Reef naming request Dear Mr. Miniutti: Thank you for contacting me with the information regarding the naming request by the Marco Sportsfishing Club for the 9-Mile Reef situated offshore of Marco Island. Because of your Club's effort in the past years to sustain the artificial reef program - donating money, time, resources to the projects - I fully agree and support your request to re-name the 9-Mile Reef the Marco Sportsfishing Reef. .~ Enclosed is the petition with signatu res of the City of Marco Island Waterways Advisory Committee and City staff who support this effort of your Club. If you any additional information or have any questions, please contact me at (239) 389-5003. Thank you for your continued support of the artificial reef program. Sincerely, , ,(dlo/I~ Nancy J. Richie Environmental Specialist Cc: K. Greg Niles. Community Development Director Vladimir Ryziw, Public Works Director City of Marco Island Waterways Advisory Committee .- Agenda Item No. 16A7 May 25, 2004 40f4 ~._- -~.,----. '^<_.n_.__' ,,- EXECUTIVE SUMMARY Adoption by the Board of County Commissioners of a resolution approving a Target Protection Areas outreach mailing strategy for Conservation Collier's second property selection cycle. OBJECTIVE: For the Board of County Commissioners (BCe) to adopt a Resolution approving a Target Protection Areas outreach mailing strategy for the second property selection cycle. CONSIDERATION: Last year, the BCC adopted Resolution 2003-196 that implemented the Conservation Collier Land Acquisition Advisory Committee's (CCLAAC) recommendation for a Target Protection Areas mailing strategy for the 151 property selection cycle of the Conservation Collier Program. That recommendation included direction to forward subsequent mailing strategies to the BCC for approval, as the program advances on its goal of mailing to all property owners within Target Protection Areas. On April 13,2004, the Board of County Commissioners approved the proposed Target Protection Areas outreach mailing strategy for the second property selection cycle (attached as Table 1 and Map 1) and directed staff to bring back a formal resolution to implement this strategy. Approval by resolution of these recommendations by the Board of County Commissioners will allow staff to move forward with a mailing of interest ,-... letters. FISCAL IMP ACT: The fiscal impact of developing a Target Protection Areas mailing list with approximately 750 letters will be approximately $300. GROWTH MANAGEMENT IMP ACT: Fee-simple acquisition of conservation lands is consistent with and supports Policy 1.3,1 (e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. RECOMMENDATION: That the Board adopt a Resolution approving the Target Protection Areas outreach mailing strategy for the second property selection cycle in the Conservation Collier Program, r- Agenda Item 16A8 I May 25, 2004 1 of 8 -~--..",.- "."..- . ."~." ~~N , ,....... ~,.,,._,......,,',_.,.,,..,';.'.,".H^.."..,..u,,'.'_...~,....."....'""'..'W'''. ,",""", ..,.....",~.........."'.__.._......._. .....,. -- Table 1. Identified general areas for 2nd cycle Target Protection Areas mailing strategy Area Objective Criteria for selection I Properties in the lmmokalee area where xeric scrub plant 10 acres or less and at least 50% communities are present vegetated-Urban TPA 10 acres or more and at least 50% Properties where undeveloped wetlands remain and can serve to vegetated and/or functioning as a II buffer and expand CREW conservation lands buffer to CREW lands -Sending and Habitat and Flow way Stewardship TPA Properties in the Sabal Bay area where xeric scrub, coastal 10 acres or less and at least 50% III strand, native beach, high marsh or tidal freshwater marsh plant vegetated - Urban TP A communities remain Remaining native plant communities that buffer the Gordon Adjacent to the Gordon River IV River corridor corridor and at least 50% vegetated - Urban TPA - NGGE Unit 53 properties V Continued acquisition of properties within NGGE Unit 53 NGGE TPA Undeveloped properties in Properties that abut and expand conservation target lands across S6 T48 R27 -Sending TPA VI border with Lee County Sll T48 R26 -Sending TPA Sl2 T48 R26 - Sending TP A S6 T46 R28 - Non-TPA ,--- Agenda Item 16A8 2 May 25,2004 2 of 8 >"-_.."--,.......~,~.,'..,.". . . . . . ' . . ' . - ,.'.~-- I .... \ ,- I ' I ~. . I ,'. I I i i I t i +..~.~ I' l'~ 0.1: , ;"l , . "'-.--......., " . . - . - - . .. : - . . . . . . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS _. Item Number 16A8 Item Summary Adoption by the Board of County Commissioners of a resolution approving a Target Protection Areas outreach mailing strategy for Conservation Collier's second property selection cycle. Meeting Date 5/25/2004 9;00:00 AM Prepared By Alexandra J. Suleckl Senior Environmental Specialist Community Development & Environmental Services Environmental Services Approved By Michael Pettit Chief Assistant County Attorney Date County Manager's Office County Attorney Office 511012004 5:00 PM Approved By William D, Lorenz, Jr., P,E. Environmental Services Director Date Community Development & 5111120048:26 AM Environmental Services Environmental Services Approved By Charles E. Carrington, Jr" SRI Real Estate Services Manager Date WA Administrative Services Facilities Management 5/11/20047:44 AM Approved By - Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin, 5/11120043:15 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Admlnstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5111120048:30 PM Approved By Constance A, Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5112/20042:53 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/1612004 10:36 AM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 5/1712004 8:52 AM Approved By James V, Mudd County Manager Date Board of County County Manager's Office Commissioners 5/1712004 6:01 PM - Agenda Item 16A8 May 25, 2004 4 of 8 _. ,_._-_.._--_.~. , RESOLUTION NO. 2004- - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF COLLIER, FLORIDA, APPROVING A TARGET PROTECTION AREA MAILING STRATEGY FOR THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM'S SECOND PROPERTY SELECTION CYCLE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County has recognized the need to plan for future growth and has initiated a long-term program, known as Conservation Collier, to acquire, protect, restore and manage environmentally sensitive lands in perpetuity and to provide public open space for the benefit of present and future generations; and WHEREAS, Conservation Collier Program includes identification and protection of Collier County's natural resources, including upland and wetland communities, native plant communities, endemic species, endangered species habitat, water resources and aesthetic or other natural features; and WHEREAS, protected lands include those that provide appropriate natural resource-based recreational and educational opportunities, protect local water resources, provide flood control; and WHEREAS, the Conservation Collier Implementation Ordinance (hereinafter referred to as "Ordinance No. 2002-63") has described Target Protection Areas (TPAs); and WHEREAS, Section 13 (1) of Ordinance No. 2002-63 provides that county staff will send letters of inquiry to all property owners within these Target Protection Areas. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION I. Findings It is found and declared that: (A) The cost of a simultaneous mailing of letters to all property owners within all Target Protection Areas will be approximately $40,000, as opposed to $300 for a proposed second cycle mailing to criteria-based properties from identified Target Protection Areas and other areas that meet program goals and criteria. Agenda Item 16A8 May 25, 2004 5 of 8 .- (B) The goal for a realistic number of properties for staff to process and for the CCLAAC to evaluate and rank in creating the second Active Acquisition List has been determined to be 35. (C) Using estimated rates of return of positive interest generated by property owner interest letters, it has been determined that mailing approximately 750 interest letters will result in approximately 15 to 30 parcels for review and ranking on the Active Acquisition List. (D) There has been a subcommittee recommendation that was unanimously approved by the CCLAAC on March 8, 2004, endorsing a strategy for a mailing outreach effort. This strategy is to modify the broader TP A list into a more manageable partition of that list, targeting those lands having the highest environmental value wi thin TPAs and including one area recommended by Lee County Conservation 20/.20 and endorsed by the CCLAAC. Additionally, with each successive mailing cycle, appropriate lands within TP As shall be targeted by means of a criteria-based, equitably distributed, phased mailing until all undeveloped properties within the TP As have been sent an inquiry letter or all Conservation Collier funds have been spent. (E) The CCLAAC is authorized by Ordinance No. 2002-63 to recommend an update to the Target Protection Areas List and selection strategy to the Board of County Commissioners to fulfill the purposes of the Conservation Collier - Program. (F) This Resolution is adopted pursuant to applicable provisions of law, SECTION ll. Be it also resolved that Collier County Board of County Commissioners adopt the following Second-cycle Target Protection Areas outreach mailing strategy: 1. Staff shall send approximately 750 interest inquiry letters to owners of undeveloped properties within the following areas that meet the following criteria: Area Objective Criteria for selection I Properties in the lmmokalee area where xeric 10 acres or less and at least scrub plant communities are present 50% vegetated -Urban TPA 10 acres or more and at least Properties where undeveloped wetlands remain 50% vegetated and/or II and can serve to buffer and expand CREW functioning as a buffer to conservation lands CREW lands -Sending and Habitat and Flow way Stewardship TP A _. Agenda Item 16A8 May 25, 2004 6 of 8 ---"--....'.-. .--- Properties in the Sabal Bay area where xeric 10 acres or less and at least III scrub, coastal strand, native beach, high marsh 50% vegetated - Urban or tidal freshwater marsh plant communities remain TPA Adjacent to the Gordon IV Remaining native plant communities that buffer River conidor and at least the Gordon River conidor 50% vegetated - Urban TPA V Continued acquisition of properties within NGGE Unit 53 properties NGGE Unit 53 NGGE TPA Undeveloped properties in S6 T48 R27 -Sending TP A VI Properties that abut and expand conservation Sll T48 R26 -Sending TPA target lands across border with Lee County S12 T48 R26 - Sending TPA S6 T46 R28 - Non- TPA 2. Using a query to the County's GIS database, the number of parcels and acreage involved in this interest inquiry letter mail-out using the above criteria and distributed across TP As is as follows: Number of Parcels Acreage 1. Urban Area 600 9,500 2. North Golden Gate Estates 40 80 3, Sending 68 1,920 4. FSAlHSAs 92 16,000 5. Other 2 640 Total 802 28,140 3. Subsequent mail outs will include other properties from within TPAs, however, prior to the mail out, the CCLAAC shall re-evaluate priorities for purchase to focus efforts and will forward this recommendation to the Board of County Commissioners for its approval. This cycle shall be repeated until either all undeveloped properties in the TPAs have been sent an interest inquiry letter or all Conservation Collier funds are spent. Agenda Item 16A8 May 25, 2004 7of8 ,,-^ SECTION DI. Effective Date. This Resolution adopted and made effective this day of May, 2004, after motion, second and majority vote favoring same. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Donna Fiala, Chairman Approved as to form and legal sufficiency: - By: Michael W. Pettit Chief Assistant County Attorney - Agenda Item 16A8 May 25, 2004 8 of 8 -' .' -'.~-""- .._u. _. EXECUTIVE SUMMARY - Authorize Environmental Services Staff to submit a grant proposal to the Florida Department of Environmental Protection (FDEP) for $40,000 worth of contractual services for &be removal of invasive exotic vegetation within the State Highway 19 and Plantati~.n Road rights of way. I OBJECTIVE: To have to the Board of County Commissioners authorize the Environmental Services Department to submit a proposal to the Invasive Upland Plant Removal Program administered by the FDEP to provide for the removal of invasive exotic vegetation within the State Highway 29 and Plantation Road rights of way. CONSIDERATION: FDEP contractors will be hired and paid by FDEP to remove invasive exotic vegetation from County road rights of way bordering preserve areas in Big Cypress National Preserve and Everglades National Park. Removal of the exotic vegetation will benefit threatened and endangered wildlife residing in the preserve areas as well as aiding in the exotic vegetation removal efforts ofthe cooperating agencies. FISCAL IMPACT: The total cost of the project is $55,900. Collier County is .-.-. requesting contractual services valued in the amount of $40,000 from FDEP. No money will be reimbursed to Collier County. FDEP will hire and pay the contractors for their work. The County will provide in-kind match valued in the amount of $15,900. County in-kind services will include staff time and the use of a chipper and truck furnished by the Transportation Services Division to chip and remove invasive exotic vegetation after FDEP contractors cut and treat the vegetation. No budget amendments will be necessary, because no funds will be transferred between agencies. GROWTH MANAGEMENT IMPACT: The project will support Objective 7.3 of the Conservation and Coastal Management Element, which requires the County to continue to implement programs that conserve and protect endangered and threatened wildlife species. RECOMMENDATION: Recommend that the Board of County Commissioners authorize the Environmental Services staff to submit the attached grant proposal to remove invasive exotic vegetation within the State Highway 29 and Plantation Road rights of way. - Agenda Item No. 16A9 May 25, 2004 1 of 1 0 -------. -"' -'""-..-.......,....,...."'., ~~...._.,.~....- .._o....".~~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number 16A9 Item Summary Author~4tl Environmontal Ser'ilces Staff to submit ~i 9rurlt propvsHI to the Flodda DEJpar:rnE;/~t or Erwir~nrl'lefltal Protection I,FOEF') for $~O,('iQO wmth of c(ll~tmch;al services for tbe fE:!lTlo'ial o( in'lasl".e I:~x(l:ic \'€~etatiofl wiUlin t~Je Stale Highway 29 and Plantation Road nght' of way. Meeting Date 5/25120049:00:(') AM Pnpared By Molissa Hennig Environmental Sp4tciali&t Community Development & EnvJronme-ntal Services Environmental Services Appro,'ed By William D. Lomnz, Jr.. p.e. Environmental Services Director Date Community Dcvclopmcl1t & Environmental Services 5111120042:51 PM Environmental Services Appro,'ed By Melina Hennig Environmental Specialist Date Community Development & 5i111200410:52 AM Environmental Services Environmental Se-rvlce$ Appro,'ed By Constance A. Johnson Operation" Analyst Date CommunIty Deve:opment & Community Development & 5112/20044:25 PM ErwironmentaE Services Elwironmcntal Serviclt's Admin. Appro,'ed By Sandra lea ExecuUve Secretary Date Community Oeve:opment & Community Development & 5/12120044:07 PM Environmental Services Environmental Scryicp.s Admin. Appro,'ed By - Jonn Vliot Roads Mainmnance Superintendant Date Transportion Servicc-s Road Mair.tenancl! 5/12/200411:23 AM Appro,'ed By Manene J. Foard Grants Coordinator Oate Administratlve SefYiees AdministraU\le Services Admin. 5/121200410:01 AM Appro,'ed By Corr-munity Development & Joseph K. Sehmitt Environmental Services Adminstratcr Date COlnmunity De'Y'e!opment & Community Development & 5/12/20048:43 PM Environmental Services Environmental Services Admin. Appro,'ed By M3rk Isackson Budget Anal)'st Date County Mar.nger"5 Office Office of Management & Budget 5117120042:12 PM Appro,'ed By Michael Smyko<Nskl Man8gen':enl & Budget Director Date County Manager's Office Office of Management & Budget SilBJ2004 8:43 AM Approved By Jame. V. Mudd County Manager Date Board of County County Manager'. Office COlllnlissioners 5118120044:31 PM - Agenda Item No. 16A9 May 25. 2004 2 at 10 .----., -----------_._--- ----.--.- State Highway 29 Right of Way Exotic Removal Project Working Group Southwest Florida Invasive Species Working Group Site Manager Melissa Hennig Collier County Environmental Services 2800 North Horseshoe Drive, Suite 212 Naples, FL 34104 Phone: (239) 213-2957 Fax: (239) 213-2960 E-mail: MelissaHennig@colliergov.net Method of Control Contractual Services DEP Contractor Project Goal This project will control the invasion of exotic Brazilian pepper within the State Highway 29 right of way that is adjacent to Big Cypress National Preserve and Everglades National Park. Agenda Item No, 16A9 May 25, 2004 3 of 1 0 "^......"_....""'..._,""",""..-.-.....""_......."~"'....,,..,,"'"',.._;,';.,," - SCOPE OF WORK Project Location: The project site is within the portion of the State Highway 29 Right of Way (ROW) that extends from the intersection of US 41 south to Chokoloskee and within the Plantation Road ROW. The ROWs are directly adjacent to Big Cypress National Preserve and Everglades National Park. See Map 1. The ROW is maintained by Collier County. Project Description: The site is a disturbed raised roadbed that cuts through a coastal mangrove marsh. Brazilian pepper has infested sections of the ROW in varying densities. The ROW is as wide as 40 feet in some areas. Mangroves and mangrove associates are present just outside the ROW or, at times, within the ROW. No vegetation is present within the ROW in Everglades City or Chokoloskee, therefore Brazilian pepper treatment will only occur within the ROW between the intersection of US 41 to the northern boundary of Everglades City (2.8 miles), between the southern boundary of Everglades City to the northern boundary of Chokoloskee (2.5 miles), and within the Plantation Road ROW (1.3 miles). The total length of ROW to be treated is 6.6 miles, however Brazilian pepper is only present along 4.1 miles of the roadway - a total of approximately 8 acres of Brazilian pepper. A FDEP contractor will treat the Brazilian pepper Work Specifications: - Work performance will consist of furnishing all labor, equipment and supplies (including herbicide and adjuvants), and performing all operations for controlling exotic plants listed under the Project Goals in the area defined by the Project Description and further delineated in the Project Map. Every effort shall be made by the contractor to avoid damage to native vegetation or wildlife. The contractor is responsible for the control and! or removal of all exotic plants including mature trees/shrubs, saplings and seedlings. The contractor will cut and neatly stack the Brazilian pepper in the ROW for a chipping crew. After stumps are cut with a chainsaw at or below grade, they will be treated with an appropriate herbicide per label rates. The trees will be cut into pieces that will be manageable for the chipping crew. Collier County Transportation Department work crews will then follow the contractor and chip the Brazilian pepper. Any Brazilian pepper that is positioned behind roadway guardrails shall be treated by the contractor in place using low volume basal herbicide applications with Garlon 4 herbicide in JLB Oil Plus Improved (or equivalent vegetable oil carrier). Each treated plant application will begin at a height not less than 6 times the plant's basal diameter, but not exceeding 18 inches. Herbicide will be applied according to label rates and requirements using a low pressure spray to minimize spatter, drift and non-target damage. Other Requirements and Provisions: The contractor must abide by all Maintenance of Traffic regulations while performing work within the ROW. "- Agenda Item No. 16A9 May 25, 2004 4 of 1 0 ~--"-,,-,... --.--....,. - .-.--"._-- Project Time Frame: Work should be accomplished during the dry season of the year - from December 1 through March 31. Agenda Item No. 16A9 May 25,2004 5 of 1 0 - Funding Infonnation: The total cost of the project is estimated at $55,900. The estimated cost of the Collier County work crew, chipper, and truck for 10 work days is $15,900 (Collier County contribution). The estimated cost of the FDEP private contractor to cut and treat Brazilian pepper is $40,000. Project Title and Site Manager: State Hlehwav 29 Rleht of Way Exotic Removal/ Melissa Hennle Upland Invasive Exotic Plant Removal Reimbursement Program *** Budget Justification Form Conlrutl I In,House I I Federal Employer Idenllflcallon (FEID) 59'6000558 Comblnetlon (expleln below) I X I Matching Funds Available [Idenlllv source) Control Dollers Total Matching Funds S #1 Total of In,Klnd ",...-..., Contributions #2 (see '1 on Budget Worksheet) $15,900 Total Matching Fund Contribution (see '2 on Budget Worksheet) $ Total In-Kind Contributions/Matchi ng Funds for Project $15900 Total DEP Funds Requested $40 000 Total Cost o~1 Project $55,900 Notes/ExDlanatlons Collier County TransDortatlon Department work crews will follow the FDEP contractor and chiD the Brazilian pepper that Is cut and treated by the contractor. - Agenda Item No. 16A9 May 25, 2004 6 of 1 0 ^'-~~--'---"'--~"'"'-- ,,--.- Project Title and Site Manager: State Highway 29 Right of Way Exotic Removal I Melissa Hennig Upland Invasive Exotic Plant Removal Reimbursement Program Budget Worksheet, (include only in,house salaries and materials) Item Hourly rate In-Kind DEP Coot Salaries - (include name/title! include FrinQe Benefits! Hours ContrlbuUono Relmburaementa 5 man WOrK crew ur 4001 $11,400 names not known at this time) .lIIrv Co.t ;jlII,<WU Eouiomenlllnclude descrlDllonlsuDOlled Unit Cost Qua nttty Chipper '"$7,UUU ;:i",DDD Truck S2,WU 1 S2,OOO Equipment Coot .....,UUU Eauiomenllinclude descriotionl, rental Unit Rate HourslDaylWeek Equip. Rentol Coot I SUoolieslMaterlals (include descriDllon Unit Cost Quantitv Herbicide ,uasollne Tor chiDoer ana ruCk :li~O S500 Expendables SUppli.......t.r..1 COst 'l>')UU Miscellaneous 'include description! Unit Cost OUantitY Admin, Costs/overhead (in-kind onlvl non-ellQlble Travel other control site lin-kind onlyl nolHlIglble Mlacellln80UII Colt #1 Total of In-Kind Contributions _$_ 15.900 (enter otl'l on Budget JustKlcotlon form) #2 Total Cost Relmburseme!:lt_$ (e""'r .t f2 on Budget JustllluUon Form) Agenda Item No. 16A9 May 25, 2004 7 of 1 0 - PROPOSAL INFORMATION: Conservation Land Qualification Both Big Cypress National Preserve and Everglades National Park are listed in the FNAI Florida Conservation Lands 2001 Report (Jue, et. a1200l), Ability to Maintain Site After Initial Treatment The site manager will monitor the site quarterly after initial treatment. The Collier County Environmental Services Department shall provide any necessary follow up treatment to the site. Restoration Plan for Native Plants Because the site is adjacent to managed preserves with few exotic upland plants present, no replanting efforts are being planned at this time. Threatened or Endangered Species or Habitats Listed wading birds including: the little blue heron (Egretta caerulea), snowy egret (Egretta thula), reddish egret (Egretta rufescena) and tricolor heron (Egretta tricolor) as well as other listed species within the adjacent federal preserves will indirectly benefit from the removal of the Brazilian pepper seed source in the Highway 29 and the Plantation Road ROWs. - Public Education Program There is no plan for a public education program. ,- Agenda Item No. 16A9 May 25, 2004 8 of 1 0 ~..." ~ - "->._- ~'.~. ." .,. .- --- Cited Reference Jue, S., C. Kindell, and J. Wojcik. 2001. Florida Conservation Lands 2001, Florida Natural Areas Inventory. Tallahassee. Pages B-12 and B-51. Agenda Item No, 16A9 May 25, 2004 9 of 1 0 .- Map 1 State Highway 29 Location Map ~_. . . FAKAHA TCHEE ~RAND PRESEINE ~ATE PARK ---------.-.-.-, ! ! BIG CYPRESS NATIONAL PRESERVE I ! ! ! State Hi ghway 29 \ -....-/ ~ ,-- ~ EK01ic Plant Project Area --- [~~.J Park Boundaries ~ Shoreline - .Miles 0 25 50 EVERGLADES NATIONAL PARK ~i_ ,.. .- , I ~ ro. ~hakolo.kee 1.-. i 'K I ' _..__oJ Collier County N w+, s Oe!lled by: Collier CaoLrlty E n..nronmerlel Ser.ices Dep<ll1menl GlGrlJfts Admim$lrstian.f"BIPIA/,ApriI20041SR29mxd 421.04 - t./"P iSIlf'IlI'C>lmOlte end shaUd rd be used for c1edsions. Agenda Item No. 16A9 May 25, 2004 1 0 of 1 0 ""--- .,..,--- ._-,~--"'"._...". --.._---- .- EXECUTIVE SUMMARY Collier County Board of County Commissioners' endorsement of staff's approval of the application for the Job Creation Investment Program and the Fee Payment Assistance Program by Sky truck Company, LLC OBJECTIVE: To receive Board of County Commissioners' endorsement of staffs approval of the application for the Job Creation Investment Program and the Fee Payment Assistance Program by Sky truck Company, LLC. CONSIDERATIONS: On November 18, 20m, the Board of County Commissioner adopted Ordinance No. 2003-60, which established the Job Creation Investment Program and Ordinance No. 2003-61 that established the Fee Payment Assistance Program. The programs are available to targeted high-wage companies that desire to relocate or expand within specified areas of Collier County, and are designed to reduce the economic effects of increased development fees as well as relocation andfor expansion costs. The Programs have specific eligibility requirements including the number of full-time jobs to be created and retained, the average wage of the jobs, timing of the jobs being in place and the type of business being proposed. -- On May 13, 2004 Sky truck Company, LLC submitted an application to be considered for the Job Creation Investment Program and the Fee Payment Assistance Program, The project will bring aviation service and aviation-related manufacturing to the Immokalee Regional Airport. The Sky truck Company operation is currently located in Poland and has recently announced its intention to build a "US-based aircraft completion center. " Additionally, the President of Sky truck Company, LLC, Mr. Lance Maclean, indicated in his correspondence with the Economic Development Council (attached) " ... There are presently numerous airports situated in South Florida which fulfill our requirements. However, the incentive package offered by Collier County and the State of Florida has been extremely influential in our decision to relocate to the Florida Tradeport-Immokalee Airport, " Sky truck Company LLC proposes to create thirty (30) new jobs within five (5) years in Collier County at an average wage of $35,000. The company is also proposing a capital investment of $4.5 million. The above commitments make the company eligible for $90,000 in Collier County Job Creation Investment Program funds, to be paid in equal payments over three consecutive years following creation of the jobs. The estimated impact fees associated with the proposed development total $120,000. Therefore, Sky truck Company LLC is eligible for Fee Payment Assistance Program funds not to exceed the dollar amount of the impact fees associated with the project. The final impact fee calculation will be completed upon application for a building permit for the proposed development. , Staff will prepare the Job Creation Investment Program Agreement and a Fee Payment Assistance -. Agreement, and both will be reviewed by the County Attorney's Office for legal sufficiency. The approved agreements will be signed by a designee from Sky truck Company LLC and by the County Manager on behalf of Collier County and will be recorded in the Official i\gfmdildfaroltila. CJmA115l May 25, 2004 1 of 11 _....-""""'"'_."""___...""'_'.-.......b._,'o.'.'.,,.".,.,~,_'" Skyuuck Company LLC Page 2 Sky truck Company LLC exceeds all of the Job Creation Investment Program requirements set forth by Ordinance No. 2003-60 and the Fee Payment Assistance Program requirements set forth by Ordinance No. 2003- 61 as a Targeted Industry relocating to an Enterprise Community, therefore, approval of this application will help to promote the creation and retention of high wage jobs in Collier County. FISCAL IMPACT: The applicant has requested $90,000 of Job Creation Investment incentive funds, to be paid in equal amounts over three years, which represents thirty new jobs to be in place on or before September 30, 2009. Following creation of the specified jobs, the Company may submit a Request for Funds to the County Manager to be paid at the beginning of the County's fiscal year following the date that the newly created jobs are verified to be in place. General Fund revenue specifically budgeted for the adopted economic incentives funds the Job Creation Investment Program, The Financial Administration and Housing Department has responsibility for job verification as well as monitoring program compliance The estimated impact fees associated with the proposed development equal approximately $120,000 however, the final dollar amount of impact fees will not be calculated until the Building Permit application is submitted. Sky truck Company LLC is eligible for Fee Payment Assistance funds in an amount not to exceed the impact fees due and payable for the proposed development. -- The Fee Payment Assistance Agreement will stand in lieu of the payment of impact fees at the issuance of the building permit for the proposed development. Concurrently, a lien will be placed on the subject property for the dollar amount of the impact fees, which will remain on the property for the term of the agreement. During the term of the agreement a portion of the tax increment financing funds associated to the specified property will be returned to the County's General Fund to offset the initial payment of impact fees. At the conclusion of the agreement, if all requirements are met, the lien will then be released from the subject property. If at any time during the term of the agreement the non- County party is not in compliance with the terms and requirements set forth by the agreement, they may be found in default and subject to default provisions set forth in Ordinance No. 2003-61. The capital investment related to this project estimated to be $4,500,000. In addition, the creation of the thirty (30) new jobs generates a potential local payroll of approximately $1,000,000 annually. GROWTH MANAGEMENT IMPACT: This application is consistent with the Economic Element of the Growth Management Plan, specifically Objective 1.3 that states: "Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base." RECOMMENDATION: The Board of County Commissioners endorses staff s approval of the application for the Job Creation Investment Program and the Fee Payment Assistance Program by Sky truck Company, LLC. - Agenda Item No. 16A 10 May 25, 2004 2 of 11 ,..-.""." Sky truck Company LLC Page 3 - ,- - Agenda Item No. 16A 10 May 25,2004 3 of 11 -------, ~-- . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16A 10 Item Summary Collier County Board of County Commissioners' endorsement of staffs approval of the application for the Job Creation Investment Program and the Fee Payment Assistance Program by Skytruck Company, LLC Meeting Date 5/25/2004 9:00:00 AM Prepared By Amy Patterson Impact Fee Manager Community Development & Financial Admin, & Housing Environmental Services Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/14/20044:20 PM Approved By Community Development & Joseph K, Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/14/20044;27 PM Approved By Denton Baker Financial Admin & Housing Director Date Community Development & Environmental Services Financial Admin. & Housing 5/17/200410:36 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/17/20044:16 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/18/20048:53 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 5/18/20044:40 PM Commissioners Agenda Item No, 16A10 May 25, 2004 4 of 11 -. . ..~ ~ - ! ,#~~;; ~.: .I' - ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY NAPLES, FLORIDA EVERGLADES CITY, GOlDEN GATE IMMOKALEE . MARCO ISLAND Collier County Job Creation Investment Program, Fee Payment Ass/stance Program & Broadband Application For New Businesses Skvtruck Comoanv. LLC. Name of Business - Skvtruck Project Title (1- 5 word desaiption) 5/1 3/0Y .. 1--- · .. ... .0 E8IIIm CoIiIr COunty I ~ ... ~~-=::::;QmIWy .- eo*r County Agend~10 E<: 004 NN'lfS. ef 11 ~"._~._.,. ~ -...,.-'" -'--,^..~-- ----- I. Company Infonnation: , 23~3-4565 Company Name: Skytruck Company, LLC I Phone: l ----------.- ---------------.-.-. __ ______.________.__..________________-J Current Acldress: P,Q. Box 1917. Naples Fax: 239~3-O182 I --'-- ------- ---.-----.-..--..---... .-..... Florida \ 34106 i State: __,______.__.._--1 Zip: __ ___~ Web Company Contact Lance Maclean I Phone: 23~9-6555 : .___. --J ---.-----..--...-----------.--------.; Email Address:Lance@skytruck.com I ------------------------------' I 2()..()96473S i 336413 Federal Employer Identification Number:____________~ SIClNAlC code: - -- -------,---,-..--.---~ Collier County Occupational License Number. City O.L.': . _' . (If applicable)-'--" ---------- -- h___ .---, Minority Owned Business: Yes No XX If yes, explain Has the business ever been subjected to criminal or civil fines and penalties?: Yes No XX If _ _YnlllIin' II. Project Qualifications: (Responses shoulcl deICribe the propoeed new project) New CoRier County Business _; Expanding Comer County Business _J Number of Current 0 : Current Average N/A I percentage of Revenue Collier Co. Employees _____.___,_____J Wage ______._____,___ Generated Outside of 1 Collier County Number of New Collier 30 ' NewJobAverage $35,000 I 100% Co, Jobs resutting from .___._,____ Wage -----~ project 1 . Total Jobs after Project 30 I Total Average $35,000 I --~ Completed ____.____.__._.....; Wage ___________-1 Indicate date in which all new jobs will be fully impJemented: 3 by 9/30104. 12 by 9130107 and 15 by 9130109 Note: Company is not eligible for program benefits until all jobs are in place within the above designated timeframe, Agendal.~10 KONCIM 004 Co~T Countv ~.~~0f11 ..~. .-.. II. Project Qualifications (Continued) - What is your industry segment? Select one, If this project is for a corporate or regional headquarters Aviation X please list other locations. (Attach list if necessary) Biomedical Auxiliary office in Mielec, Poland I I Infonnation Technology . Manufacturing I ! Warehouse/distribution ~ Educational : ______ __._ _,______________._ ___,'_'__ _._----1 CorporateIRegional HQ X Enterprise Zone Describe activity or product associated with new location: Completion of M28 S: Uti~ Aircraft and the creation of product service and distribution center for maintenance of Polish m an general aircr aft. ~-------_...~-- ..__._-_._._-------------_._~---' New Construction X Tenant Improvements Capital Investment Phase I - Airpark Blvd. , I ,- j Immolcalee, 34142 ! Leased I Project Street Address: ; Land: I I ,__,_.._________--l $3,000,000 i Total Square Feet of 20,000 Building: i Project i .-------~-- __J ; ._-~ _._--~- -..---- ..--.------.-. --- Equipment: $1,500,000 ! . .----------------"" Total Capitallnvesl $4,500,000 i Estimated Impact Fees $120,000.00 I -----~-~--_. ._~_._-i Estimated qualifying amount Local Incentlv.. 2005 2008 2007 2008 200t 2010 2011 2012 Total Fee Payment $210,000 $210,000 Job Creation $3,000 $3,000 $3,000 $12,000 $12,000 $27,000 $15,000 $15,000 $90,000 Broadband $8,400 $8,400 $8,200 $25,000 $3,000 $221,400 $11,400 $20,200 $12,000 $27,000 $15,000 $15,000 $325,000 Fee Payment AMlalance Program based on 20,000 square foot building valued at $3,000,000 Job Creation Inveetment Program based on $3,000 per new job created - 3 jobs by 9130104, 12 by 9I3OJ07 and an additional 15 jobs by 9130/09 Broadband Infratructure Investment Program based on capital expenditure of $25,000, Broadband will be used for mart<eting M28 Skytruck to the U.S. and International Markets. - See attached map for legal description of property. eo1MT Count'V Agend~10 004 NAl'lEU "'0f 11 --- . ~"'-^- . -_.~.. . ,.-.----.--- ~-,---- .-. -. . 111. Project Impact Information: An estimate of the economic benefits of the jobs created by the project in Collier County-accounting for the incentive amount, the number of jobs and the average wage of the jobs created, and the indirect impacts of the project. This project will bring aviation service and aviation-related manufacturing to the Immokalee Regional Airport. The project will create 30 new jobs at 115% of the average county wage, provide an impetus for additional economic development at the airport and provide revenue to the airport authority through the lease agreement. This project will result in the establishment of a company with marketing and business ties to Europe, Latin and South America. The Foreign Trade Zone will be activated enhancing the international capacity of the Florida Tradeport - ImmokaJee. The creation of 30 new jobs will mean a potential local payroll in excess of $1,000,000, Please attach . letter from the company demonstnltlng the impact the Incentives will provide In the decision of the company to locate in Collier County. (required) eo1tf:r Count,v Agend~10 !Co, . 004 tW\f1. . .gf 11 - Recommendation: Company Representative: L c.. ^ c.. <2- G. N\ '" c... , e. c... ''\ Title ?C'es.;o.e,,-\- Phone Number: 2. ~'1 bU.S liS€> S Signature: ~ ~~ Date: P..~Q.~L 2.~ , 2.oo~ EDC Recommendation: Date: ~ \"3\ ~ - - Agenda It Co~~ County -- ~............ -- r~Jl,DUClTf ..:;.:...0:'-: G,.o.."1 5 of5 .,.~.M,/II'(r:r;.Wltj ,-_.. ..w".....,. ..~_..- --.-..- SKyiRUCK~ May 12, 2004 Collier County Board of Commissioners Naples, FL Re: Tradeport Incentives Dear Mr. Chairman: Following the announcement of its intent to build a US-based aircraft completion center, Skytruck Company, LLC has received numerous attractive offers from various airports around the country. One, which carne from Texas, even included a low rate lease of a preexisting completion center that was recently vacated. But because our company conducts business in both North and South America, South Florida is much better suited both geographically demographically, for serving these markets. There are presently numerous airports situated in South Florida which fulfiJl our requirements. However, the incentives package offered by Collier Co1D1ty and the State of Florida bas been extremely influential in our decision to relocate to the Florida Tradeport-Immokalee Airport. Despite the other favorable attributes of this site, it would have been far less likely that the Tradeport would have been selected had there not been the economic incentives that were offered. With the recent approval of our aircraft by the Federal Aviation Administration, we are extremely optimistic about the future of our business. Not only do we expect it to support the economic growth of the local community through employment, we also see it as an "anchor business" thereby attracting other related business into the Tradeport. Respectfully we request approval for Skytruck Company, LLC's request for the Job Creation Investment incentive, the Fee Payment Assistance and Broadband incentive programs. Sincerely, p(~ Slcytruck Company, LLC Lance Maclean President SkytnJck Company, LLC . PO BOX 1917 . Naples, FL US~D6Ia Item No. 16A 10 Tel. +1 2396434565 . Fax +1 2396430182 . www.skytruck.us May 25, 2004 10 of 11 I t \ " \ " \ f l \ . ~ \ \ .-- -- ---- -; 1 \1 .1 ! \ !l-t- : I' . n - [';.'. ~ __ ~ ~ f' I \1 ' '\ i'J 11_ '~~H D- I i ' .- ~ \ - "',... ' I I .....--.I , __ ~ "'~ ,- ",. . , 0 -=-~.....'l,'_ --./ -- /"--"f"'--;':.::r;'~;) ~ ,.' 'I ~~"...~~ ~"'-""""'i'''''' --.. ~ '-' ,/.~/ .. I.' ' '.:'> , h .., ~ 1IOA..",4>' . ~ ,~, i ....... . ~~.:;;r5 .r... : , :..,;/ . ',~' /~ ',:, ( ,- .:..- I.~"." /). '. - - .. "",. (/....;... ~ . ~ '---" c - ~.,.. ~ J'''- '. I ... ..,' ~1- - . ,~ . Ii::-. ~/ ". "'. < - . ~ ,-~.: '----. '---. " ~~..,~.. . ~ . ' ~, .:-. _..... _ _ r ~ " .t r-:.I'..~".. '. . .1):... ".fY::: ' --.,-~,'";, ......' I'-r I . .. ' - ' .",\"1)' ,., . I 1 . ..- '-.: 'D" " CC,;:::u.k) -., i .....'':''\ I L --.. .... .,~.~n.~). / ,~"':.,~ ;; -.. r : I~ rr 0.'\'.:-:..,' rf;i-'ilic;:;,o;c.i~ tr:miM . ( 'ctt;-, 'i , . .., ,........ .'_'. :0. .ilT7Y, . ~ II I _", .....I!f~., II ~\,. ,.;.;,. ~r" 1,. J. .,\:-,J.' ~.l _ '~"~""""'';'.:"'"'):''''' ,..,.S"...- ", .~,l~ _ ...._. . ..-- EXECUTIVE SUlVlMARY Request authorization for the County Manager or the Community Development and Environmental Services (CDES) Division Administrator to accept the Fiscal Year 2003 United States Department of Housing and Urban Development Supportive Housing Grant Agreement, Project # FL14B30-6002, approving execution of Grant Sub-recipient agreement (s) and providing for an effective date and approve all necessary budget amendments. OBJECTIVE: The CDES Financial Administration and Housing Department (F AH) is requesting authorization from the Board of County Commissioners (BCC) to accept the attached FY 2003 United States Department of Housing and Urban Development Supportive Housing Grant Agreement, Project #FLI4B30-6002, approving execution of Grant Sub-recipient agreement(s) by the County Manager or the Community Development and Environmental Services (CDES) Division Administrator. As Lead Agency of the Continuum of Care, Collier County will pass these funds through to sub-recipients awarded funding through the United States Department of Housing and Urban Development (OOD). - CONSIDERATIONS: At its May 27, 2003 meeting, the BCC gave approval for the County to become the Lead Agency applying on behalf of the County's social service agencies for the annual Continuum of Care (CoC) grant application to HUD and to the State Office on Homelessness for annual grants for homeless services, which stipulate that the CoC Lead Agency must be the applicant. At the June 10, 2003 BCC meeting, the BCC approved the submission of the Collier County Continuum of Care (CoC) Grant Application to OOD on behalf of the Collier County Hunger & Homeless Coalition. The cae Grant was conditionally awarded to Collier County on December 19,2003 and OOD notified Collier County on May 6, 2004 of its final selection for funding of this project. A total of $155,599 has been awarded for this project. Of that amount, $148,190 will be passed through 100% to the Collier County Hunger & Homeless Coalition (CCHHC) to be fully expended by June 30, 2005. The remaining $7,409 is for grant administration of which $3,704 will be passed to the CCHHC and $3,705 will be retained by Collier County per HUD guidelines. _. Agenda Item No. 16A 11 May 25, 2004 1 of 33 " ... .__".~...,__..,_~_""=,,,,,,,,,......,___.,...,._.._^. "'0'_"'.. ,._~ ----"'"'~,.""."',,,,"_._.,,~ '-'" ~..,,~, Proiect Soonsor and Title Amount A warded CCHHC for the Homeless Management Information System Proiect $148,190 CCHHC for Grant Administration $3,704 Collier County BCC $3.705 TOTAL $155,599 FISCAL IMPACT: These funds have no effect on ad valorem or general fund dollars. Grant amount of $151,894 to be passed through the County to the CCHHC and remaining grant amount of $3,705 to be retained by Collier County for grant administration. GROWTH MANAGEMENT IMPACT: These funds are in general compliance with the concept of the County's Growth Management Plan by promoting the continued expansion of local resources to provide affordable housing through increasing County residents self-sufficiency. RECOMMENDATION: - The Board of County Commissioners to authorize the County Manager or the Community Development and Environmental Services CCDES) Division Administrator to accept the FY 2003 United States Department of Housing and Urban Development Supportive Housing Grant Agreement. Project #FL14B30-6002~ and approve execution of Grant Sub-recipient agreementCs) and sign the agreement on behalf of the County and approve all necessary budget amendments. -", Agenda Item No. 16A 11 May 25, 2004 2 of 33 ,-.,. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16A11 Item Summary Request authorization for the County Manager or the Community Development and Environmental Services (CDES) Division Administrator to accept the Fiscal Year 2003 United States Department of Housing and Urban Development Supportive Housing Grant Agreement, Project # FL 14B30-6002, approving execution of Grant Sub-recipient agreement (s) and providing for an effective date and approve all necessary budget amendments, Meeting Date 5/2512004 9:00:00 AM Prepared By Janeen D. Person Grants Development Coordinator Community Development & Environmental Services Financial Admin. & Housing Approved By Cormac Giblin Housing Development Manager Date Community Development & Financial Admin. & Housing 5/12120043:26 PM Environmental Services Approved By Denton Baker Financial Admin & Housing Director Date Community Development & Financial Admin. & Housing 5/12120045:04 PM Environmental Services Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/12/20044:35 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5113/2004 3:27 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/14120049:16 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/17/2004 3:50 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5118/20048:41 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/18/2004 4: 34 PM Agenda Item No. 16A 11 May 25, 2004 3 of 33 - . ;';~r' u.s. Department of Housing and Urban Development r; G ;)J. ~~1:3, ;,., ,i ,', ;::,; .~.t; H .. I, i - \* II *; Region IV, Miami Field Office ..... ,j' Brickell Plaza Federal Building ."Dl'lfl.'-O .!"r'~.- 9 ~ l.~' 909 SE First Avenue, Rm. 500 l'" a, ,.......~. 'J " ','I . ,(~ / i. , .. t' l} ". ~ .'-~ /'~ ; ,4 ,. '1f~4 Miami, FL 33131-3042 f , .~ ':>... ~ . \; lL J i' ,'i") ~, -,..~; ; " d ~l ~ : I ~ i ,;.', ;1 r-:) r....... (" ',: ..': I Mr. Tom Henning, Chai.rpe:-son \ '.' .... , " .,-, ,., ......;" I" ., ',.Jf- ,"L,; 'I. ,/-,,\1> Collier County Board of Ccunty Commissioners . ." ,", ," .' ';-'7'\ ~l;.J 3050 N. Horseshoe Drive, ~:uite 275 Naples, FL. 34140 Dear Mr. Henning: SlJBJECT: Transmittal of 3rant Agreements Supportive Housing Program Project Number: FL14B30-6002 Proj ect Iden tifier Number: FL 14121 Congratulations on the final selection of Dedicated HMIS Proiect under the S'.lpportive Housing Program. All COJ1liitions attached to your award for this project have been met. HUD's total fund ohligation for this project is $155.599. allocated as follows: 1. Grant amount for Acquisition $-0- .-. 2. Grant amount for Rehabilitation $-0- ! 3. Grant amount fcr New Construction $-0- 4. Grant amount f(:r Leasing $-0- 5. Grant amount fcr Supportive Services $ ...:Q: 6. Grant amount fc r Operating Costs $-0- 7. Grant amount fc r HMIS $148.190 8, Grant amount tc.r Administration $7.409 Enclosed are three ::opies of the Grant Agreement that constitutes the agreement between you and HUD. Please sign all three and return them to this office immediately. When the Grant Agreements are received, hey will be executed by HUD, and one will be returned to Y01J. Also ,enclosed are Grantee Financial Instructions in which you will fmd information on completing the Direct Dep,)sit Form, the Voice Response Access Authorization form, and the Special Needs Assistance Programs Voucher for Grant Payment, all of which are neces5ary to receive payments from Hl D. - Agenda Item No. 16A 11 www.hud,&ov espanol.hud.&ov May 25,2004 4 of 33 __,'h --"-",^ --_.,-- . . - You are advised that your grant cannot begin and no funds can be disbursed to you for this project until the Grant Agreement is fully executed. 111ank you for your commiment to assisting homeless persons. We look forward to working with you to eliminate homelessness. If you have any questions, please contact Ronald M. Mtscarella. Senior Community Planning and Development Representative at (305) 536-4431 Ext. 2:120. Sincerely, .- /. / ~ / /" . / . .~ ;~. ?It , . .'. . {ft' . < .. -~ . / '~R. Ortiz- 'll~r Community Planning and Development Division Enclosures i I ! Agenda Item No. 16A 11 May 25, 2004 5 of 33 - -.- , . '.'if' U.~i. Department of Housing and Urban Development : ~ ~* *~ Region W, Miami Field Office p ~ - \. .f ~""DI""'"O Brickell Aaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131-3042 20)3 Supportive Housing Grant Agreement - New This Grant Agreemmt is made by and between the United States Department of Housing and Urban Development (fUD) and Collier County Board of County Commissioner-I.Collier County Department of Fbancial Administration and Housin2. 2800 N. Horseshoe ])rive. Suite 400. Naples. FL. 34104 the Recipient, whose Tax ill number is 59-6000558 for Project NumberFL14B30-6002 /Ploject Identifier Number FL14121, as described on pages! though 20 of the Application, and as identified below: Project Name: Dedicated !lMIS Proiect Project Sponsor: Collier County Department of Financial administration and Housine Project Location: 3050 N. Horseshoe Drive. Naples. FL. 34140 The assistance which is the subject of this Grant Agreement is authorized by the McKinney- Vento Homeless Assistancl: Act 42 U.S.C. 11381 (hereafter "the Act"). The term "gran:" or "grant funds" means the assistano: provided under this Agreement. This grant agreement will":>e governed .- by the Act, the Supportive Housing role codified at 24 CFR 583, as amended by 68 FR ~j6396 on September 30, 2003, both <,fwhich are attached hereto and made a part hereof as Attachment A, and the Notice of Fund Availal:ility (NOFA), published April 25, 2003 at 68 FR 21581. Thf: term "Application" means the application submission on the basis of which HUD, including the certifications and assuranCt:s and any information or documentation required to meet an:' grant award conditions, on the b~LSis of which HUD approved a grant. The Application is incc,rporated herein as part of this Agreement, however, in the event of a conflict between any part of the Application and any part ()J~the Grant Agreement, the latter shall control. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified below for the approved project described in the application. HUD's total fund o",ligation for this project is $155.599. The Recipient must provide a 25 percent cash match for supportive services pun;uant to HlID's FY 2.003 Appropriations Act. The Recipient agre,:s to comply with all requirements of this Grant Agreement and to accept responsibility for such cOIrpliance by any entities to which it makes grant funds available. The Recipient agre:s to participate in a local Homeless Management Informatio 1 Systmc (BMIS) when implemented. If the Recipient is c. State or other governmental entity required to assume envirconmental - responsibility, it agrees that no costs to be paid or reimbursed with grant funds will be ir.cWTed Agenda Item No, 16A11 www.hud.gov espanoJ.hud.gov May 25, 2004 6 of 33 --.- .---.., -~_.,.._" , -_.'-.~.- '" -..'^-.. -~_.__.'~'- . before the completion of su;h responsibilities and HUD approval of any required Reque~;t for Release of Funds. If, in the applicatioI1, the Recipient indicated that activities in any project will be ;;arried out in eUl Empowerment Zone, ;Ul Enterprise Community, or an Enhanced Enterprise CommW1ity, as designated by HUD or the Department of Agriculture, the Recipient agrees to give priority placement in that project to eligible persons whose last known address was within the designated EZIEC area or who are homeless persons living on the streets or in shelters within the designated areas. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Application, tuUess HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement No change may be made to the project nor any right, benefit, or ad vantage of the Recipient hereunder be assigned without prior written approval ofHUD. For any project nUlcled by this grant which is also financed through the use oftht: Low In(:ome Housing Tax Credit, the following applies: HUD recognizes thlt the Recipient or the project sponsor will or has financed tb:s project through the use of the Low-Income Housing Tax Credit. The Recipient or project sponsor sha I be the general partner of a limited partnership formed for frat purpose. If grant ft nds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or fr.e initial service pro..; ;ion, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements ofthi~; Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty year period. If gran: funds were not used for acquisition, rehabilitation or new consouction, then tle period shall not be twenty years, but shall be for the term (If the grant agreemen: and any renewal thereof. Failure to comply with the terms )f this paragraph shall constitute a default under the Grant Agreement. For any project recdving funds for acquisition, construction or rehabilitation, the following applies: The Recipient is recluired to execute and file for record a deed restriction, covemlI1t running with the land or similar arrangement that will assure to HUD's satisfaction, corrpliance with the twenty-year term of commitment and a lien against the property, in a form to bf: approved by HUD, to secure HUD's interest in the repayment of the grant. If the Recipient an:llor subrecipient wishes to sell or otherwise dispose of the assisted real property, they must reqLLe~,t and receive written approval from the Department to dispose of the real property, advertise that disposition conditions apply to the assisted property, and abide by any other terms or conditions prescribed by HUD in the approval letter. Agenda Item No. 16A 11 May 25,2004 7 of 33 .- - _n_ --. , - For projects involving acquisition, compliance with the recording requirement must be docwnented before release of any funds other than acquisition funds. For projects inv)lving new construction or rehabilitation activities, compliance must be documented prior to the f.rst release of federal funds. Evidence will be an original, executed document, in a form satisfactory to HUD, accompanied by a rc cording receipt. Upon completion of recordation, Recipier.t will provide HUD with an original, executed, recorded document. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failu~ in the Recipient's duty to provide the supportive housing for the minimum telm in accordaut;e with the requirements of the Attachment A provisions, noncompliance with the Act or Attachment A provisions, any other material breach of the Grant Agreement, or misrepresclrations in the application submissions which, ifkno\W by HlD, would have resulted in this grant not being provided. Upon due notice to the Recipient of the o;currence of .any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actio ns: (a) direct the R,~cipient to submit progress schedules for completing approved activities; or (b) issue a lette:: of warning advising the Recipient of the default, establishin~ a date by which corrective actions must be completed and putting the Recipient on notice that - more serious actions will be taken if the default is not corrected or is repcated; or (c) direct the R:cipient to establish and maintain a management plan that as~.igns responsibili ties for carrying out remedial actions; or Cd) direct the Recipient to suspend, discontinue or not incur costs for the affc; cted activity; or (e) reduce or rc capture the grant; or (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to 1 he program; or (g) continue the: grant with a substitute Recipient ofHUD's choosing; or (h) other appro priate action including, but not limited to, any remedial actiolllegally available, SlJch as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies, No delay or omissi,)n by HUD in exercising any right or remedy available to it under this Grant Agreement shall imI,air any such right or remedy or constitute a waiver or acqui~lcence in any Recipient default. - Agenda Item No. 16A 11 May 25, 2004 8 of 33 ----- .- .-- ~~'_....." ._.._~_._-'" -..--,..,. . Recipients of assistance for acquisition, rehabilitation, or new construction shall file a celtification of continued use for supportive housing for each year of the 20 year period f~om the date of initial occupancy. This Grant Agreerru:nt constitutes the entire agreement between the parties heretc" and may be amended only in writing executed by HUD and the Recipient. The effective date of this Grant Agreement shall be the date of execution by HUD, except with prior written approval by HUD. SIGNATURES Thi:; Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Sf:l:retary of Housing and 'l'rban Development By: -- Signature and Date M~aria R. Ortiz-Hill, Typed name of signatory Director,Communitv Planning and Develooment Division Title RECIPIENT Collier County Board of Q)Untv Commissioners Name of Organization By: -- Authorized Signature and Date Typed name of signato)' -- Title Agenda Item No. 16A 11 May 25, 2004 9 of 33 - - - .~ . . .- ATTACHMENT A [Code of Federal Regulations] [Title 24, Volume 3, Pi3 1:s 500 to 699] [Revised as of April 1, :~OOO] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR583.1] [Page 2.54] . TITLE 24--HOUSING Arm URBAN DEVELOPMENT SECRETARY FOR COMI'IUNIlY PLANNING AND DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 583--SUPPORTIVE HOUSING PROGRAM--Table of Contents Subpart Ao-General Sec. 583.1 Purpose and scope. (a) General. The Supportive Housing Program is authorized by title IV of the Stewart B. "'I:Kinney Homeless Assistance Act (the McKinney Act) (42 U.S.C. 11381-113H9). The Supportive Housing program is designed to promote the development of supportive housing and supportive services, includin9 innovative approaches to assist homeless persons in the .- transition from homele ssness, and to promote the provision of supportive housing to homeless persons to enable them to live as independently as I possible. (b) Components. Funds under this part may be used for: 1. Transitional housing to facilitate the movement of homeless individu.3ls and families to permanent housing; 2. Permanl~nt housing that provides long-term housing for homele~;s persons with disabilities; 3. Housing that is, or is part of, a particularly innovative project for, or 21ternative methods of, meeting the immediate and long-term needs of homeless persons; or 4. Supportive services for homeless persons not provided in conjunction with supportive housing. [58 FR 13871, Mar. 1!;, 1993, as amended at 61 FR 51175, Sept. 30, 1996] - Sec. 5B3.S Definitl Dns. As used in this part: Applicant is defined ir: section 422(1) of the McKinney Act (42 U,S.C. 11382(1)), For purposes of this defin tion, governmental entities include those that have general -- governmental powers (such as a city or county), as well as those that have Iim,ted or Agenda Item No, 16A 11 May 25. 2004 1 0 of 33 - _w..__ - ..-. special powers (such as public housing agencies). Consolidated plan means thE: plan that a jurisdiction prepares and submits to HUD in accordance with 24 CFR par: 91.Date of initial occupancy means the date that the supportive housing is initially occupied by a homelt!ss person for whom HUD provides assistance under this ~Iart. If the assistance is for an existing homeless fadlity, the date of initial occupancy is the date that services an! first provided to the residents of supportive housing wit~ funding under this flc rt.Date of initial service provision means the date that supportive services are initially provided with funds under this part to homeles~; persons who do not reside in supportive housing, This definition applies only to projects funded under this part that do not provide supportive housing. Disability is defined in section 42 ~(2) of the McKinney Act (42 U.s.e. 11382(2)), He meless person means an individual or family that is described in section 103 of the McKinney Act (42 U.S.e. 11302). Metropolitan city is defined in section 102(a)( 4) of ':he Housing and Community Development Act of 1974 (4~~ U.s.e. 5302(a)(4)), ln general, metropolitan cities are those cities that are elif ible for an entitlement gr,mt under 24 CFR part 570, subpart D, New construction r1eans the building of a stru,:ture where none existed or an addition to an existing structure that increases the floJr area by more than 100 percent. Operating costs is defined in section 422(5) of the McKinney Act (42 U,S.e. 11382(5)). Outpatient health services is defired in section ~~22(6) of the McKinney Act (42 U.S.e. 11382(6)). Permanent housing for homeless persons with disabilities is defined in section 424(c) of t,e McKinney Act (42 U,S.e. 11384(c}). Private nonprofit organization is defined in section 422(7) (A), (6), and (D) of the McKinney Act (42 U,S.e. 11382(7) (A), (6), and (0)), The organization must also have a functior ing accounting system that is operated in accordance with generally accepted accounting ......( principles, or designate an entity that will maintain a functioning accounting sy:;tem . ~.' .." '. for the organization i, accordance with generally accepted accounting principles. Project is defined in ~ections 422(8) and 424(d) of the McKinney Act (42 U.S.C. 11382(8), 11384(d)). Recipient is defined in section 422(9) of the McKinney Act (42 LJ5.C. 11382(9)). I Rehabi!itation means the improvement or repair of an existing structure or an I addition to an existin;J structure that does not increase the Ooor area by more ::han 100 percent. Rehabilitation does not include minor or routine repairs. State is clefined I in section 422(11) of the McKinney Act (42 U.S.e. 11382(1l)}. Supportive housing i~; defined in section 424(a) of the McKinney Act (42 U.S.e. 11384{a)). Supportive services is defined in section 425 of the McKinney Act (42 U.S.e. 11385). T-ansitional housing is defined in section 424(b} of the McKinney Act (42 U.S.e. 11384(b)). See also Sec. 583,300(j). Tribe is defined in section 102 of the Housing and CarT munity Development Act of 1974 (42 U,S.e. 5302). Urban county is defined in section 102(a}(6) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(6)). In general, urban counties are those counl:ies that are eligible for a 1 entitlement grant under 24 CFR part 570, subpart D, [61 FR51175, Sept. 30,1996] Agenda Item No. 16A 11 May 25,2004 11 of 33 n"._ ._ l '. [Code of Federal Regulations} [Title 24, Volume 3, Parts 50) to 699] {Revised as of April 1, 2000] From the U.S. Government Printing Office via GPO Access [CITE: 24CfR583.l00] TITLE 24--HOUSING AND URBAN DEVELOPMENT. . SECRET ARY FOR COMMJNITY PLANNING AND DEVELOPMENT, DEPARTMENT OF HOUSING AND URBANCEVELOPMENT PART 583-SUPPORTIVE HOUSING PROGRAM-Table of Contents Subpart B-Asslstance Proilded Sec. 583,100 Types and usn of assistance. (a) Grant assistance. Assi.,ta lce in the form of grants is available for acquisition of structures, rehabilitation of structurel;, acquisition and rehabilitation of structures, new construction, leasing, operating costs for supportive housing, and 5upJortive services, as described in Sees. 583.105 through 583.125. Applicants may apply for more than on,: type of assistance. (b) Uses of grant assistance. Grant assistance may be used to: l. Establish new SUpfortive housing facilities or new facilities to provide supportive services; 2. Expand cxisting fa :i1itics in order to increase thc number of homcless persons served; "- 3. Bring cxisting fad ities up to a levcl that meets State and local government health and safet y standards; 4. Provide additiona.l supportive services for residents of supportive housing or for homeless f-<:rsons TIOt residing in supportive housing; 5. Purchase HUD.owned single family properties currently leased by the applicant for use as a hc,meless facility lnder 24 CFR part 291; and 6. Continue funding mpportive housing where the recipient has received funding under this part for leasing, supportivl: services, or operating costs. (c) Structures used for mul: iple purposes. Structures used to provide supportive housing or supporti'/e services may also be used tor other purposes, except that assistance under this part will be available only in proportion to the use of the structure for supportive housing or supportive services. (d) TeclUlical assistance. HUD may offer technical assistance, as described in Sec. 583.140, [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, July 19,1994] Sec. 583.105 Grants for acquisition and rehabilitation. (a) Use. HUD will grant nlnds to recipients to: I. Pay a portion of Ihe cost of the acquisition of real property selected by the recipients for u;e in the provision of 5up~ortive housing or supportive services, including the repayment of any outstanding debt In a loan made to purchase property that has not been used previously iU. -- supportive housing or for supportive services; Agenda Item No, 16A 11 May 25, 2004 12 of 33 ---- ..- -~._---_._~-.........,-< 2. Pay a portion of Ibe cost of rehabilitation of structures, including cost-eiTee tive energy measures, selected by the recipients to provide supportive :'lousing or supportive services; or 3. Pay a portion of the cost of acquisition and rehabilitation of structures, as described in paragraphs (a)(1) and (2) ofthis section. (b) Amount. The maximum ~nt available for acquisition, rehabilitat~on, or acquisition and rehabilitation is the lower of: \. $200,000; or 2. lhe total cost orthl: acquisition, rehabilitation, or acquisition and rehabilitation minus the applicant's contribution toward the cost. (c) Incre~ed amounts. In af1:as detennined by HUD to have high acquisition and rehabilitation costs, grants of more than $200,000, bOlt not more than $400,000, may be available. Sec. 583.] 1 {I Grants for ne r'I construction. (a) Use. HUD will grant fun:is to recipients to pay a portion of the cost of new construction, including cost- effective en~rgy measures and the cost of land associated with that construction, for use in the provison of supportive housing. If the gIant funds are used for new construction, the applicant must demonstrate :hat the costs as~iociated with nl:'v construction are substantially less than the costs associated with rehabi itation or that there is a lack of avai lable appropriate units that could be rehabilitated at a cost less than new construction. For purposes ( f this cost comparison, costs associated with rehabilitation or new construction may include the cost of real property acquisition. (b) Amount. The maxim\:nl grant available for new construction is the lower of: . . ;o~ . 1. S4DO,000; or 2. The total cost of th: new construction, including the cost of land associated with that construction, minus the applicant's contribution towa(11 the cost of same. Sec. 583.115 Grants for I~asing (a) General. HUD will provide grants to pay (as described in Sec. 583.130 of this part) for the actual costs ofleasing a structure or structures, or portions thereof, used to provide supportive housing or supporive services f,Jf up to five years. (b) 1. Leasing structures. Where grants are used to pay rent for all or part of structures, the rent p, id must be reasonabh: in relation to rents being charged in the area for comparable space. In addition, thl: rent paid may lIot exceed rents currently being charged by the same owner for comparahle !opace. 2. Leasing individual units. Where grants are used to pay rent for individual housing units, the rent paid must be reascnable in relation to rents being charged for comparable units, taking into account the locatic", size, type, quality, amenities, facilities, and management services. In addition, the rents may not exceed rents currently being charged by the same owner for t;cmparable unassisted units, and the portion of rents paid with grant funds may not exceed HUD- detennined fair market rents. Recipients may use grant funds in an amount up to one montt.'s rent 10 pay the non-rec pient landlord for any damages to leased units by homeless participants. Agenda Item No. 16A 11 May 25, 2004 13 of 33 --- " , -- [58 FR 13871, Mar. IS, 1993, as amended at 59 FR 36891, July 19,1994] See. 583.120 Grants for supportive scrvices costs, ,:a) General. BUD will provid= grants to pay (as described in Sec. 583.130 of this part) for the actual C1)sts .Jf supportive services for homeless persons for up to five years. All or part of the supportive services may be provided directly by the re;:ipient or by arrangement with public or private service providers. (b) Supportive services costs. Costs associated with providing supportive services include salaries paid to providers of :;upportive servi, es and any other costs directly associated with providing such services. For a transitional housing project, supportive services costs also include the costs of services provided to fOlmer residents of transitional housing to assist their adjustment to independent living. Such services may be provided fc.r up to six montl\!. after they leave the transitional housing facility. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, July 19, 1994} Sec. 583.125 Grants for olwrating costs. (a) Genernl. HUD will prov ide grants to pay a portion (as described in Sec. 583,130) of the actual operating tosts of supportive housing for up to five years. (b) Operating costs. OpemtlOg costs are those associated with the day-to-day operation of the suppa 'tive housing. They also include tle actual expenses that a recipient incurs for conducting on-going assessments of the suppcrtive services needed by residents and the availability of such services; relocation assistance under Sec, 583.310, includir g payments and services; and insurance, -- (c) Recipient share of operating costs. Assistance for operating costs will be initially available for up to 75 percent of the total cost f)r two years and up to 50 percent of the total cost for the next three yea~. The recipient must pay the percentage of the actual operating costs not funded by HUD, At the end oreach operating year, the recipient must demonstrate that it has met its share of the costs for that year. [58 FR 13871. Mar, 15, 1993, as amended at 61 FR 51175, Sept. 30, 1996] Sec. 583.130 Commitment of grant amounts for leasing, supportive services, and operating costs. Upon execution of a grant < greement covering assistance for leasing. supportive services, or operating costs, HUD will obligate i1nounts for a period not to exceed five operating years. The total amount obligated will be equal to a 1 amount necessary for the specified years of operation, less the recipien1's share of operati n g costs, (Approved by the Office 01' Management and Budget under OMB control number 2506-0112) [59 FR 36891, July 19, 19~'4] Sec. 583.135 Administrative costs. (a) General. Up to five pe 'cent of any grant awarded under this part may be used for the purpose 0' paying costs of administering the iSsistance. (b) Administrative costs. Administrative costs include the costs associated with accounting for the use of grant funds, preparing reports for submission to HUD, obtaining program audits, similar costs relat:d to administering the grant after the award, and staff salaries associated with these administrative costs. They ".-.~ do not include the costs of carrying out eligible activities under Secs. 583.105 through 583.125, [58 FR 13871, Mar. 15, 1~193, as amended at 61 FR 51175, Sept. 30, 1996} Agenda Item No, 16A 11 May 25, 2004 14 of 33 .-..._----.-~,- -_.._,.". Sec. 583.140 Technical Asdstance (a) General. HUD may set lside funds annually to provide technical assistance, either directly by HUD staff or indirectly through ct ird-party providers, for any supportive housing project. This technical assistance i:i for the purpose of promoting the development of supportive housing and supportive se["'/ices as part of a continuum of care approach, including innovative approaches to assist homeless persons :n the transition from homelessncss, and promoting the provision of supportive housing to homeless persons to enable them to live as indep:ndently as possible. (b) Uses of Technical Assistance. HUD may use these funds to provide technical assistance to prosrective applicants, applicants, recip ents, or other providers of supportive housing or services for homeless p~rsons, for sUPPOltive housing proj( cts. The assistance may include, but is not limited to, written information such as papers, monographs, mar uals, guides, and brochures; person-to-person exchanges; and training ard related co,ts. (c) Selection of Providers. From time to time, as HUD deternlines the need, HUD may advertise and competitively select providers to deliver technical assistance. HUD may enter into contracts, grants, nr cooperative agreements, when necessary, to implement the technical assistance. [59 FR 36892, July 19, 199.1] Sec. 583.145 Matching requirements. (a) General. The recipient nust match the funds provided by HUD for grants for acquisition, rehabilitation, and new construction with an equal amount of funds from other sources. (b) Cash resources. The matching funds must be cash resources provided to the project by one or m,)re of the following: the recipient, the Federal government, State and local governments, and private resources. (c) Maintenance of effort. State or local government funds used in the matching contribution are su;)ject to . the maintenance of effort re ~uirements described at Sec. 583.150(a). Sec. 583.150 Limitations on use of assistance. (a) Maint(:nance of effort. f'o assistance provided under this part (or any State or local government fimds I used to sup?lement this assistance) may be used to replace State or local funds previously used, or designated for use, to assist homeless persons. (b) Primarily religious organizations-- I. Provision of assistance. (i) HUD ,.ill provide assistance to a recipient that is a primarily religious organization if the organization agrees to provide housing and supportive services ill a manner that is free from religious influences and in accordance with the f)lIowing principles: (A) It will not discriminate against any employee or applicant lor employment on the basis of religion and will not limit (mployment or give preference in employment 10 persons on tle basis of religion; (8) It will not discriminate against any person applying for tousing or supportive services on the basis of religion and will (;ot limit such housing or services or give preference to persons On the basis of religion; (C) It will provide no religious instruction or counseling, (onduct no religious worship or services, engage in no Agenda Item No, 16A 11 May 25,2004 15 of 33 ---- , .. -. rei igious proselytizing, and e~ert no other religious influence ill :he provision of housing and supportive services. (ii) HUD will provide assistance to a recipient that is a primarily religious organizatil)ll if the assistance will not be used by the organization to construct a structure, 31:quire a structure or to rehabilitate a structure owned by the organization, cltcept as described in ; paragraph (e)(2) of this section. 2. Rehabilitation of strJctures owned by a primarily religious organization, Rehabilitation grant. may be used to rehabilitate a structure owned by a primarily religious organization, iflhe following conditions are met: (i) The structure (or portion of the structure) that is to be rehabilitated with HUD assistant:e has been leased to a recipient that is an ex.isting or newly established wholly see lIar organization (which may be established by the primarily religio\L'i o.ganization under the provisions of paragraph (c)(3) of this section); (ii) The HUD assistance is provided to the wholly secular organization (and not the primarily religious organization) to make the improvements; (iii) The lelsed structure will be used eltcIusively for secular purposes available to all perS(.ns regardless of religion; (iv) The lelse payments paid to the primarily religious organization do not exceed the fair market reDt ofthe structure before the rehabilitation was done; (v) The portion ofthe cost of any improvements that benefit any unleased portioD of the structure will be allocated to, and paid for by, the primarily religious crganization; - (vi) The ;dmarily religious organization agrees that, if the recipient does not retain the 'lSC of the leased premises for wholly secular purposes for the useful life of the improvements, the primarily religious organization will pay an amount ecual to the residual value of the improvements to the secular organiza~i >n, and the secular organization will remit the amount to HUD. 3. Assistance to a wh,)lly secular private nonprofit organization established by a primarily reli:~ious organization. (i) A pritT arily religious organization may establish a wholly secular private nonprofit Drganization to serve as a recipient. The wholly secular organization may be eligible to receive other fonos of assistance available under this part. <A) The wholly secular organization must agree to provide housing and supportive services in a manner that is free from leligious influences and in accordance with the principles set lorth in paragraph (c)( l)(i) ofthis section. I B) The wholly secular organization may enter into a contract '.vith the primarily religious organization to operate the ;.upportive housing or to provide supportive services for the 'esidents. In such a case, the primarily religious organization nust agree in the contract to carry out its contractual .. :esponsibilities in a manner free from religious influences and tn accDrdance with the principles set forth in paragraph ~c)(I)(i) of this section, (C) The rehabilitation grants are subject to the requirements of paragraph (c)(2) ofthis section. (ii) HUe will not require the primarily religious organization to establish the ,...-. wholly s.:cular organization before the selection of its application. In such a Agenda Item No. 16A 11 May 25, 2004 16 of 33 _."'~ ~-~-- ._~_.,_._. case, th~ primarily religious organization may apply on behal f of the wholly secular o:ganization. The application will be reviewed on the basis of the primaril) religious organization's financial responsibility and capacity, and its commitn.ent to provide appropriate resources to the wholly secular organization after forr\ation. The requirement with regard to site cO:ltrol, described in Sec. 583.320, may be satisfied if the primarily religious organization demonstrates site control and a commitment to transfer control of the. site to the wholly secular organization after its formation. If such an application is selected for funding, the oblig.ttion of funds will be conditioned upon the establishment of a wholly secular o-ganization that meets the definition of private nonprofit organization in Sec. 583.5. (c) Participant control of sie. Where an applicant does not propose to have control of a site or sites hut rather proposes to assist a t omeless family or individual in obtaining a lease, which may include assistance with rent payments and rec:iving supportive services, after which time the family or individual remains in the same housing without fJrther assistance under this part, that applicant may not request assistance: for acquisition, rehabilitation. ,>r new construction. [58 FR 13871, Mar. 15, 19')3, as amended at 59 FR 36892,1uly 19, 1993] Sec. 583.155 Consolidatec. plan. (a) Applicants that are Statc:s or units of general local government. The applicant must have a HUD- approved complete or abbr,:viated consolidated plan, in accordance with 24 CFR part 91, and must ~ ubmit a certification that the appl'cation for funding is consistent with the HUD-approved consolidated pl2n. Funded applicants must cCltify in a grant agreement that they are following the HUD-approved consolidllt.:d plan. (b) Applicants that are not ,tates or units of general local government. The applicant must submit a certification by thejurisdic:ion in which the proposed project will be located that the applicant's application for funding is consistent wi th the jurisdiction's HUD-approved consolidated plan. The certification nust be made by the unit of genera' local government or the State, in accordance with the consistency certification provisions of the consolida:ed plan regulations, 24 CFR part 91, subpart F. (c) Indian tribes and the IIl~ ular Areas of Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands. fhese entities are not required to have a consolidated plan or to make consolidat.:d plan certific<ltlons. An application by an Indian tribe or other applicant for a project thet will be located on a reservation of an Indian tribe wi1l not require a certification by the tribe or the State. However, where an Indian tribe is the applicant for a project that will not be located on a reservatior, the requirement for a certificat on under paragraph (b) of this section will apply. (d) Timing of consolidated plan certification submissions. Unless otherwise set forth in the NOF A, 1he required certification that the application for funding is consistent with the HUD-approved consolidated plan must be submitted by the funding application submission deadline announced in the NOFA. [60 FR 16380, Mar. 30, 19)5] Agenda Item No. 16A 11 May 25, 2004 17 of 33 '. . - [Code of Federal Regu13tions) [Title 24, Volume 3, Parts 500 to 699] (Revised as of April 1., 2000] From the U.S. Government Printing Office via GPO Access [CITE: 24CFRS83.200) TITLE 24--HOUSING A:\ID URBAN DEVELOPMENT SECRETARY FOR COMHUNITY PLANNING AND DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 583--SUPPORTI\'E HOUSING PROGRAM-- Table of Contents Subpart (i.-Application and Grant Award Process Sec. 583.200 Applll:atlon and grant award. When fu nds are made available for assistance, HUD will publish a notice of fund .ng availability (NOFA) in :he Federal Register, in accordance with the requirements of 24 CFR part 4. HUD will review and screen applications in accordance with the requirements in secticn 426 of the McKinney Act (42 U.S.C. 11386) and the guidelines, rating critE:ria, and procedures published in the NOFA. [61 FR S1176, Sept. ;,0, 1996] -' Sec. 583.230 Environmental review. (a) Generally. Project selection is subject to completion of an environmental review of the proposed site,:md the project may be modified or the site rejected as a -esult of that review. The erlvironmental effects must be assessed in accordance with the provisions of the Nati :mal Environmental Policy Act of 1969 (42 U.s.c. 4320) (tJEPA) and the related environmental laws and authorities listed in HUD's implementing regulations at 24 CFR part SO or 58, depending on who is responsible for environmental review. (b) Environmental re'fiew by HUD. HUD will perform an environmental review, in accordance with part SO of this title, before approval of conditionally selected applications received directly from private nonprofit organizations and governmental entities with special or limited purpose powers. Any application subject to environmental review by HUD that requires an Environmental Impact Statement (EIS) in accordance with the procedures in 24 CFR part 50, subpart E, will not be eligible for assistance under this part. (c) Environmental re..iew by applicants. Applicants that are States, metropolit'ln cities, urban countie~;, tribes, or other governmental entities with general purpose powers must aSSUrT1E: responsibility for environmental review, decision making, and action for each application for assistance in accordance with part 58 of this tit"~. These applicants mU:it include in their applications an assurance that they will assume all the environmental review responsibility that would otherwise be performed by HUD as the responsible Federal official under NEPA and related authorities listed in ;:4 CFR part 58. The grant award is subject to completion of the environmental responsibilities set out in 24 CFR part 58 within a reasonable time period after notification of the award. Applicants may, however, enclose an environmental certif cation and Request for Release of Funds with their applicCltions. ,- Agenda Item No. 16A 11 May 25, 2004 18 of 33 - .--.- "-..-+'.._.0__- ~-~.._-~.._~-- --.-- [61 FR 51176, Sept. 30,1996] Sec. 583.235 Ren"wal grants. (a) General.Grants made under this part, and grants made under subtitles C .:md D ; (the Supportive Housing Demonstration and SAFAH, respectively) of the Stewart B. McKinney Homeless Jlssistance Act as in effect before October 28, 1992, may te renewed on a nonco"'petitive basis to continue ongoing leasing, operations, and supportive services for additional years beyond the initial funding period. To be considered for renew 31 funding for leasing, operating costs, or supportive servi :es, recipients must subrr it a request for such funding in the form specified by HUD, must meet the requirements of this part, and must submit requests within the time period established by HUD. (b) Assistance available:rhe first renewal will be for a period of time not to exceed the difference between the end of the initial funding period and ten years from the date of initial occupancy or the date of initial service provision, as applicable. Any subsE~quent renewal will be for a period of time not to exceed five years. Assistance during each year of the renewal period, subject to maintenarce of effort requirements under Sec. 583.150(a) may be for: 1. Up to 50 perCI~nt of the actual operating and leasing costs in the final YElar of the initial funcling period; 2. lip to the amc'unt of HUD assistance for supportive services in the final year . " of the initial funding period; and . ...'.... 3, An allowance for cost increases. (c) HUD review. 1. HUD will review the request for renewal and will evaluate the recipient'~; performance in previous years against the plans and goals established in the initial application for assistance, as amended. HUO will approve the reqlJest for renewal unless the recipient proposes to serve a population that is rot ,homeless, or :he recipient has not shown adequate progress as evidenced by an unacceptably slow expenditure of funds, or the recipient has been unsuccessful in assisting participants in achieving and maintaining independent I ving. In determining the recipient's success in assisting participants to achieve and maintain independent living, consideration will be given to the Il~vel and type of problems of participants. For recipients with a poor record 0' success, HUD will also consider the recipient's willingnes:; to accept technical assistance and to make changes suggested by techniccd assistance providers. Other factors which will affect HUO's decision to approve I (] renewal request include the following: a continuing history of inadeqLate I financial man.3gement accounting practices, indications of mismanagement on the part of th,~ recipient, a drastic reduction in the population served by the recipient, pro'Jram changes made by the recipient without prior HUO i approval, and loss of i project site. Agenda Item No, 16A 11 i May 25, 2004 i 19 of 33 I I I .--.-.. '. . . -, 2, HUD reserves the right to reject a request from any organization with an outstanding obligation to HUD that is in arrears or for which a payment schedule has nc t been agreed to, or whose response to an audit finding i:; overdue or unscltisfactory. 3. HUD will notify :he recipient in writing that the request has been approved or disapproved. (Approved by the Office of Management and Budget under control number 2506-0112) - ..- Agenda Item No. 16A 11 May 25, 2004 20 of 33 - . ."-'-. ..h__ [Code of Federal Reg1Jlations) [Title 24, Volume 3, Parts 500 to 699) [Revised as of April 1, 2000) From the U.S. Government Printing Office via GPO Access [CITE: 24CFRS83.300) TITLE 24--HOU5ING AND URBAN DEVELOPMENT : SECRETARY FOR COr-1MUNITY PLANNING AND DEVELOPMENT, DEPARTMENT 0 = HOUSING AND URBA \I DEVELOPMENT PART 583--5UPPORTVE HOUSING PROGRAM--Table of Contents Subpart D--Progra!n Requirements Sec. 583.300 GenElral operation. (a) State and local requirementsEach recipient of assistance under this part must provid ~ housing or services that are in compliance with all applicable State and local housing codes, licensing requirements, and any other requin~ments in the jurisdiction in which the project is located regarding the condition of the structure and the operation of the housing or servic~s. (b) Habitability stitndardsExcept for such variations as are proposed by the recipient and approved by HUD, supportive housing must meet thl:! following requirements: .-.. - 1. Structure and materials. The structures must be structurally sound so as nJt to pose any threat to the health and safety of the cccupants and so as to protect the residents from the elements. 2. Access, The hJusing must be accessible and capable of being utilized without unauthorized use of other private properties. Structures must provide alternate means of egress in case of fire. 3. Space and security, Each resident must be afforded adequate space and see urity for themselves and their belongings. Each resident must be provided an acceptable place to sleep, 4. Interior air ql..ality. Every room or space must be provided with natural or me:hanical ventilation. Structures must be free of pollutants i., the air at levels that threaten the health of residents. 5. Water supply. The water supply must be free from contamination. 6. Sanitary facilities. Residents must have access to sufficient sanitary faciliUes that are in proper operating condition, may be used in privacy, an::! are adequate for personal cleanliness and the disposal of human wa~;te. 7. Thermal environment. The housing must have adequate heating and/ or cooling fac Iities in proper operating condition. Agenda Item No, 16A 11 May 25,2004 21 of 33 .--..-- '. - 8. Illumination anc electricity. The housing must have adequate natural or artific ial illumination to permit normal indoor activities and to support I he health and safety of residents. Sufficient electrical sources must bE! provided to permit use of essential electrical appliances whilE! assuring safety from fire. 9, Food preparation and refuse disposal. All food preparation areas must contain sliitable space and equipment to store, prepare, and serve food in a sanita -y manner. 10. Sanitary condition. The housing and any equipment must be mclintained in s~nitary condition. 11. Fire safety. (I) Each unit must include at least one battery-operated or hard-wired smoke detector, in proper working condition, on each occ:upied level of the unit. Smoke detectors must be located, to the extent practicable, in a hallway adjacent to a bedroom, If the unit is occupied by hearing-impaired persons, smoke c etectors must have an alarm system designed for hearing- impaired persons in each bedroom occupied by a hearing. impaired person. (ii) The Jublic areas of all housing must be equipped with a sufficient number, but not less than one for each area, of --c' . battery-operated or hard-wired smoke detectors. Public areas Include, but are not limited to, laundry rooms, community rooms, ,jay care centers, hallways, stairwells, and other common areas. (c) Meals. Each recipient of assistance under this part who provides supportive housing fo!' homeless persons with disabilities must provide meals or meal prepanltion facilities for residents. (d) Ongoing asseS:lment of supportive servlcel.ach recipient of assistance under this )art must conduct an ongoing assessment of the supportive services required by the residents of the project and the availability of such services, and make adjustments as appropriate. (e) Residential supervlslonEach recipient of assistance under this part must provide res dential supervision as necessary to facilitate the adequate provision of supportive services to the residents of the housing throughout Hie term of the commitment to operate supportive housing. Residential supervision may include the employment of a full- or part~time residenti.31 supervisor with sufficient knowledge to provide or to supervise the pr::wision of supportive services to the residents. (f) Participation of homeless persons. 1. Each recipient must provide for the participation of homeless persons as required in section 426(g) of the McKinney Act (42 U.S.C. 11386(g)), This requirement is waived if an applicant is unable to meet it and presents (I plan for HUD approval to otherwise consult with homeless or formerly homek~ss persons in conSidering and making policies and decisions. See also Sec. SB3.330(e). - Agenda Item No. 16A 11 May 25, 2004 22 of 33 . . . -'_.-- ~~-,..,,-._-~ --....,._._<-~------_.__.~-_._- 2, Each recipient of assistance under this part must, to the maximum extent practicable, irl'/olve homeless individuals and families, through employment, volunteer services, or otherwise, in constructing, rehabilitating, maintaining, and operating the project and in providing supportive services for the project, (g) Records and reports.Each recipient of assistance under this part must keep any records and makl~ any reports (includiQg those pertaining to race, ethnicity, gender, and disabilit)' status data) that HUD may require within the timeframe required. (h) COI,fidentiality.Each recipient that provides family violence prevention or treatment services must develop and implement procedures to ensure: 1. The confidenti31ity of records pertaining to any individual services; and 2. That the addn!ss or location of any project assisted will not be made pulJlic, except with wl'itten authorization of the person or persons responsible for the operation of the project. (i) Terrnination of housing assistance, The recipient may termin;)te assistance to a participant who violates program requirements. Recipients should terminate assistance only in the mcst severe cases. Recipients may resume assistance to a participant whose assistance was previously terminated. In terminating assistance to a participant, the recipient must provide a formal process that re::ognizes the rights of individuals receiving assistance to due pr'Kess of taw. This process, at a minimum, must consist of: 1. Written notice to the participant containing a clear statement of the reasons for termination; 2, A review of the decision, in which the participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and 3. Prompt written notice of the Final decision to the participant. (j) Limitation of stay in transitional houslnft.. homeless individual or family may remain in transitional housing for a period longer than 24 months, if permanent housing for the indiv dual or family has not been located or if the individual or family requires additional time to prepare for independent living. However, HUD may discontinue assistance for a transitional housing project if more than half of thl~ homeless individuals or families remain in that project longer than 24 months. (k) Outpatient heillth servicesOutpatient health services provided by the recipient must be approved as appropriate by HUD and the Department of Health and Human Services (HHS). Upon receipt of an application that proposes the proviscn of outpatient health services, HUD will consult with HHS with respect to the appropriateness of the proposed services. (I) Annual assurances.Recipients who receive assistance onIYAe'8ffd~ih No. 16A11 May 25, 2004 23 of 33 .._--- . '. -. operating costs or supportive services costs must provide an annual assurance f,)r each year such assista "lce is received that the project will be operated for the purpose specified in th e application. (Approved by the Office of Management and Budget under control number 2506-0112) [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19,;1994; 61 FR 51176, Sept. 30, 1996] Sec. 583.305 Term of commitment; repayment of grants; prevention of undue benefits. (a) Term of commitment and conversJorRecipients must agree to operate the housing or provide slIpportive services in accordance with this part and with sections 423 (b)(1) and (b)(3) of the McKinney Act (42 U.5.C. 11383(b)(1), 11383(b)(3)). (b) Repayment of grant and prevention of undue benefit5\. accordance with section 423(c) of the I.IIcKinney Act (42 U,5.C. 11383(c)), HUD will require recipients to repay the grant unless HUD has authorized conversion of the project under section 423(b)(3) of the McKi "lney Act (42 U,5.C. 11383(b)(3)), [61 FR 51176, Sept. ~O, 1996] - Sec. 58:3.310 Displacement, relocation, and acquisition. (a) Minimizing dlsp,lacementConsistent with the other goals and objectives of this part, recipients must assure that they have taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprclfit organizations, and farms) as a result of supportive housing assisted under this part. (b) Relocation assistance for displaced person"'displaced person (defined in paragraph (f) of this :;ection) must be provided relocation assistance at the levt~ls described in, and in accordance with, the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.5,C. 4601- 4655) and implementing regulations at 49 CFR part 24. (c) Real property acquisition requirement.-.he acquisition of real property for supportive housing is subject to the URA and the requirements described in 49 CFR part 24, subpart B. (d) Responsibility Df recipient. 1. The recipient llust certify (Le., provide assurance of compliance) that it: will comply with the URA, the regulations at 49 CFR part 24, and the requirements of this section, and must ensure such compliance notwithstandi,"lg any third party's contractual obligation to the recipient to comply with t iese provisions. 2. The cost of required relocation assistance is an eligible project cost in tile same manner and to the same extent as other project costs. Such cost; also may be paid for with local public funds or funds available from other sources. ._. Agenda Item No, 16A 11 May 25, 2004 24 of 33 - _~,.,~__w__,_ - ..."------_._--,~,..~.- " 3, The recipient Inust maintain records in sufficient detail to demonstrate compliance wi~h provisions of this section. (e) Appeals.A perscn who disagrees with the recipient's determination concerning whether the person qualifies as a .. displaced person," or the amount of reloca tion assistance for which the person is eligible, may file a written appeal of that determination wi~h t~ e recipient. A low-income person who is dissatisfied with l:he recipient's determina:ion on his or her appeal may submit a written request for review of that determination to the HUD field office. (f) Definition of di:;placed person. 1. For purposes I)f this section, the term . . displaced person" means a per:;on (family, individual, business, nonprofit organization, or farm) that moves from real property, or moves personal property from real property permanen:ly as a direct result of acquisition, rehabilitation, or demolition for supportive housing projc1:ts assisted under this part. The term . . displaced person" includes, but may not be limited to: (i) A person that moves permanently from the real property after tile property owner (or person in control of the site) issues a vaca:e notice, or refuses to renew an expiring lease in order to eV<lde the responsibility to provide relocation assistance, if the mc,ve occurs on or after the date the recipient submits to HUO the application or application amendment designating the projed. site. (ii) An" person, including a person who moves before the date deScribed in paragraph (f)(l)(i) of this section, if the redpient or HUn determines that the displacement resulted directly from acquis tion, rehabilitation, or demolition for the assisted project. (iii) A tenant-occupant of a dwelling unit who moves perm.:! 1ently from the building/complex on or after the date of the' . initiation of negotiations" (see paragraph (g) of this section) if the move occurs before the tenant has been provided written notice offering him or her the opportunity to lease and occupy a suitable, decent, safe and sanitary dwelling in the same !)uilding/complex, under reasonable terms and conditions, upon completion of the project. Such reasonable terms and conditions must include a monthly rent and estimated average monthly utility costs that do not exceed the greater of: (A) The tenant's monthly rent before the initiation of negotiations and estimated average utility costs/ or (8) 30 percent of gross household income. If the initial rent is at or near the maximum, there must be a reasonable basis for concluding at the time the project is initiated that future rent increases will be modest. (iv) A tenant of a dwelling who is required to relocate temporarily, but does not return to the building/complex, if either: (A) A :enant is not offered payment for all reasonable out-of- pocke: expenses incurred in connection with the lte~aritem No. 16A 11 May 25, 2004 25 of 33 '. - relocatio 1, or (6) Other conditions of the temporary relocation are not reasonable. (v) A tenant of ;3 dwelling who moves from the building/complex permammtly alter he or she ilas been required to move to another unit in the same building/complex, if either: (A) The tenant is not offered- reimbursement for all reasonable out-of-p,)cket expenses incurred in connection with the move; or (8) Other conditions of the move are not reasonable. 2. Notwithstandin!) the provisions of paragraph (f)(l) of this section, a person does not qualify as a . . displaced person" (and is not eligible for relocatic.n assistance undElr the URA or this section), if: ( ) The person has been evicted for serious or r,:!peated violation of the terms and conditions of t'1e lease or occupancy agreement, violation of applicable Federal, State, or local or tribal law, or ether good cause, and HUD determines that the eviction was not undertaken for the purpose of Evading the obligation to provide relocation c ssistancei _ (ii) The person moved into the property after the submission of the application and, before signing c lease and commencing occupancy, was provided written notice of the project, its possible i l1pact on the person (e.g., the person may be displaced, temporarily relocated, or suffer a rent 11crease) and the fact that the person would not qualify as a . . displaced person" (or for any clssistance provided under this section), If the project is approved; (iii) The person is ineligible under 49 CFR ;~4.2(g)(2); or (iv) HUD determines that the person was not displaced as a direct result of acquisition, rehabilitation, or demolition for the project. 3. The recipient rlay request, at any time, HUD's determination of whether a displacement j:; or would be covered under this section. (g) Definition of Initiation of negotlation'or purposes of determining the formula for computin~1 the replacement housing assistance to be provided to a residential tenant displaced as a direct result of privately undertaken rehabilitation, demolition, or acquisi:ion of the real property, the term' . initiation of negotiations" means the execution of the agreement between the recipient and HUD. (h) Definition of proJedFor purposes of this section, the term' . project" m:!ans an undertaking paid f)r in whole or in part with assistance under this part. Two or more activities that a -e integrally related, each essential to the others, are considered a single project, whether or not all component activities receive ,- assistance under this part. Agenda Item No. 16A 11 May 25, 2004 26 of 33 [58 FR 13871, Mar. 15, 1993, as amended at S9 FR 36892, July 19, 1994) Sec. 583.315 Resident rent. - (a) Calculation of I'esident rentfach resident of sUPP9rtive I housing may be required to pay as rent an amount determined by the . recipient which may not exceed the highest of: 1. 30 percent of the family's monthly adjusted income (adjustment factors include the number of people in the family, age of family members, medical expenses, anc: child care expenses); 2. 10 percent of the family's monthly income; or 3. If the family i!; receiving payments for welfare assistance from a public agency and a part of the payments, adjusted in accordance with the family's actual housinfl costs, is specifically designated by the agency to meet tt',e family's housillg costs, the portion of the payments that is designated. (b) Us-e of rent.Resident rent may be used in the operation of the project or may be resE~rved, in whole: or in part, to assist residents of transitional housing in moving. to permanent housin'~. (c) Fees. In addition to resident rent, recipients may charge residents reasona:::>le fees for serviCes not :::>aid with grant funds. '- [58 FR 13871, Mar, ] 5, 1993, as amended at 59 FR 36892, July 19, 1994] Sec. 583.320 Site control. (a) Site control. 1. Where grant funds will be used for acquisition, rehabilitation, or new construction tJ provide supportive housing or supportive services, or where grant funds will be used for operating costs of supportive housing, or wllere grant funds will be used to provide supportive services except where an applicant will Jrovide services at sites not operated by the applicant, an applicant must demonstrate site control before HUD will execute a gran: agreement (e.g., through a deed, lease, executed contract of sale). If SJch site control is not demonstrated within one year after initial notification of the award of assi!;tance under this part, the grant will be deobligated as pre,vided in paragraph ':c) of this section. 2, Where grant funds will be used to lease all or part of a structure to provide supportive hOusing or supportive services, or where grant funds will be used to lease individual housing units for homeless persons who will eventualy control the ur its, site control need not be demonstrated. (b) Site change. Agenda Item No, 16A 11 May 25, 2004 27 of 33 . . .- 1. A recipient may obtain ownership or control of a suitable site different from the one specified in its application. Retention of an assistance award is subject to the new site's meeting all requirements under this part for suit3ble sites. 2. If the acquisition, rehabilitation, acquisition and rehabilitation, or new construction co~;ts for the substitute site are greater than the amount of the grant awarded !'or the site specified in the application, the recipient must provide for all additional costs, If the recipient is unable to demonstrate to HUD that it is a ole to provide for the difference in costs, HUD may deobli!Jate the award of assistance. (c) Failure to obtalrl site control within one yealllUD will recapture or deobligate any award ,'or assistance under this part if the recipient is not in control of a suitable site before the expiration of one year after initial notification of an aW.3rd. Sec. 583.325 Nondiscrimination and equal opportunity requirements:. (a) General. Notwith~tanding the permissibility of proposals that serve designated populations of disabled homeless persons, recipients serving a designated population of disabled homeless persons are required, within the designated population, to comply with these requirements for nondiscrimination on the basis of race, COIOI", religion, sex, national origin, age, familial status, and disability. - (b) Nondlscrtnlnatil)n and equal opportunity requlrementi'ne nondiscri mination and equal opportunity requirements set forth at part 5 of this title apply to this program. The Indian Civil Rights Act (25 U.S.C, 1301 et seq.) appl es to tribes when they exer:ise their powers of self-government, and to Indian housing authorities (IHAs) wt\l~n established by the exercise of such powers. When an IHA is established under Sta:e law, the applicability of the Indian Civil Rights Act willl:e determined on a case -by-case basis. Projects subject to the Indian Civil Rights Act must be developed ar d operated in compliance with its provisions and all implementing HUD re~uirements, instead of title VI and the Fair Housing Act and their implementing regulations. (c) Procedures. 1. If the procedu:-es that the recipient intends to use to make known the availability of the supportive housing are unlikely to reach persons of any' particular race, color, religion, sex, age, national origin, familial status, or handicap who may qualify for admission to the housing, the recipient mlJst establish additional procedures that will ensure that such persons can ohtain information concerning availability of the housing. 2. The recipient must adopt procedures to make available information or the existence and locations of facilities and services that are accessible to persons with a handicap and maintain evidence of implementation of the procedures. (d) Accessibility requlrementsThe recipient must comply with the new construction accessibility requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 'l973, and the reasonable accommodation and rehabilitation accessibility requirerr,ents of section 504 as follows: - Agenda Item No. 16A 11 May 25, 2004 28 of 33 .- ._~._._._,"m 1. All new construction must meet the accessibility requirements of 24 CFF. 8.22 and, as applit.:.3ble, 24 CFR 100.205, 2. Projects in wh'ch costs of rehabilitation are 75 percent or more of the replacement cost of the building must meet the requirements of 24 CFR 8.23{a). Other rehabilitation must meet the requirements of 24 CFR 8,23(b). [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 33894, June 30, 1994; 61 FR 5210, Feb. 9, :.996; 61 FR 51176, Sept. 30, 1~96] Sec. 583.330 Applicability of other Federal requirements. In addition to the requirements set forth in 24 CFR part 5, use of assistance providecll nder this part must comply with the following Federal requirements: (a) Flood Insurancl!. 1. The Flood Disaster Protection Act of 1973 (42 U.S,c. 4001-4128) prohit::its the approval of a~ plications for assistance for acquisition or construction (including reh 3bilitation) for supportive housing located in an area identfied by the Federa Emergency Management Agency (FEMA) as having special flood hazards, unless: (i) The community in which the area is situated is' participating in the I-Jationat Flood Insurance Program (see 44 CFR parts 59 <-...: ,.: throug 1 79), or less than a year has passed since FEMA notificcltion regarding such hazards; and (ii) Flol)d insurance is obtained as a condition of approval of the application. 2. J\pplicants with supportive housing located in an area identified by FEtv1A as having special flood hazards and receiving assistance for acquisition or construction (including rehabilitation) are responsible for assuring that flood insurance under the National Flood Insurance Program is obtained and maintained. (b) The Coastal Barrier Resources Act of 19~6 U.S.C. 3501 et seq.) m3Y apply to proposals under this part, depending on the assistance requested. (c) Applicability of OHB Circularsl'he policies, guidelines, and requirements of OMB Circular No. A-f.7 (Cost Principles Applicable to Grants, Contracts and other Agreernents with State and Local Governments) and 24 CFR part 85 apply to tile award, acceptance, end use of assistance under the program by governmental entities, and OMB Circular Nos. A-110 (Grants and Cooperative Agreements wi:h Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations) and A-122 (Cost Principles Applicable to Grants, Contracts and Other Agreements v/ith Nonprofit Institutiom.) apply to the acceptance and use of assistance by privatE! nonprofit organizations, except where inconsistent with the provisions of the McKinney Act, other Federal statutes, or this part. (Copies of OMS Circulars mclY be obtained from E.O,P, Publications, room 2200, New Executive Office Building, Washington, DC 2051)3, telephone (202) 395-7332. (This is not a toll-free nurrber.) There is a limit of tw:> free copies. Agenda Item No, 16A 11 May 25, 2004 29 of 33 I . ~ . . _. (d) Lead-based palnt.The Lead-Based Paint poisoning Prevention Act (42 U,S.C. 4821-4846:, the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.c. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this title apply to activities under this program. (e) Conflicts of interes':. - 1. In addition to the conflict of interest requirements' in 24 CFR part 85, no person who is en employee, agent, consultant, officer, or elected or appointed official of the rEcipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position 1:0 participate in a decision making process or gain inside information with regard to such activitE~s, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect th,~reto, or the proceeds thereunder, either for himself or hE rself or for those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. Participation by homeless individuc Is who also are participants under the program in policy or decision making under Sec. 583.300(f) does not constitute a conflict of interest. 2. Upon the writtE~n request of the recipient, HUO may grant an exception tl) the provisions of paragraph (e)(l) of this section on a case-by-case basis wt;en it determines that the exception will serve to further the purposes of the program and the effective and efficient administration of the recipient's project. An exception may be considered only after the recipient has pro'tided the following: ,-- (i) For ~;tates and other governmental entities, a disclosure of the nature of the conflict, accompanied by an assurance that there hilS been public disclosure of the conflict and a description of how the public disclosure was made; and (ii) For :III recipients, an opinion of the recipient's attorney that the interest for which the exception is sought would not violate State or local law. 3. In determining whether to grant a requested exception after the redpier,t has satisfactorily met the requirement of paragraph (e)(2) of this section, HlJD will consider tt e cumulative effect of the following factors, where applicc ble: (i) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the project which would ( therwise not be available; (ii) WhE!ther the person affected is a member of a group or class of eligible persons and the exception will permit such person to receive generally the same interests or benefits as are being made available or prOVided to the group or class; (iii) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process I with re:;pect to the specifiC assisted activity in question; I (iv) Whether the interest or benefit was present before the : I affected person was in a position as described in paragraph i (e)(l) of.this section; ; (v) Wh,~ther undue hardship will result either to the recipient or .- the person affected when weighed against the publiC interest ; Agenda Item No. 16A 11 I May 25, 2004 I I 30 of 33 I I . .... -_._,~- . ---_.,'---,-,---_._~.__.- "-.. -"- -_. - . served by avoiding the prohibited conflict; and (vi) Any other relevant considerations. (f) Audit. The financi.31 management systems used by recipients under this pro.~ram must provide for aud ts in accordance with 24 CFR part 44 or part 45, as applicable. HUD may perform or require additional audits as it finds necessary or appropri.3te. (g) Davis-Bacon Act. The provisions of the Davis-Bacon Act do not apply to thi!; program. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 5211, Feb, 9, 1996; 64 FR 50226, Sept. 15, 1999] Effective Date Note: .\t 64 FR 50226, Sept. 15, 1999, Sec. 583.330 was amended by revising paragraph Cd), effective Sept. 15, 2000. For the convenience of the Wjer, the superseded text is set forth as follows: Sec. 583.330 ApplicdJility of other Federal requirements, 11: * * * :I: Cd) Lead-based paint Any residential property assisted under this part constitutes HUD..associated housing for the purposes of the Lead- Based Paint Poisonin~1 Prevention Act and is, therefore, subject to 24 CFR part 35. * * * * * .". .. ... ". ,.. Agenda Item No, 16A 11 May 25, 2004 31 of 33 --- -- --------. ..- ---- . . . - [Code of Federal Regulations] [Title 24( Volume 3, Parts 500 to 699] [Revised as of April 1, 2000] From the U.S. Governrlent Printing Office via GPO Access [CITE: 24CFR583.400] mLE 24--HOUSING Ar~D URBAN DEVELOPMENT SECRETARY FOR COM~tUNITY PLANNING AND DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 583 --SUPPORTI\i E HOUSING PROGRAM-- Table of Contents Subpart E--Administratlon Sec. 583.4)0 Grant agreement. (a) General. The duty to provide supportive housing or supportive services in accordance with the requirements of this part will be incorporated in a grant agreement executed b ( HUD and the recipient. (b) Enforcement.HU ) will enforce the obligations in the grant agreement through such action as may be appropriate, including repayment of funds that have alrecldy been disbursed to the ~ecipient. - Sec. 583.405 Program changes. (a) HUD approval. 1. A recipient may not make any significant changes to an approved progra m without prior H JD approval. Significant changes include, but are not limited to, a change in the recipient, a change in the project site, additions or deletions in the types of activities listed in Sec. 583.100 of this part approved for the program or a shift of more than 10 percent of funds from one a p proved type of activity to another, and a change in the category of participants to be se-ved, [lE!pending on the nature of the change, HUD may require a new certificHion of consistency 'Nith the consolidated plan (see Sec. 583.155). 2. Approval for changes is contingent upon the application ranking remaining high enough after the approved change to have been competitively selected f.or funding in the year the application was selected. (b) Documentation of other changeSl1ny changes to an approved program that do not require prior HIJD approval must be fully documented in the recipient's records. [58 FR 13871, Mar. l~i, 1993, as amended at 61 FR 51176, Sept. 3D, 1996] ,-, Agenda Item No. 16A 11 May 25, 2004 32 of 33 .. -_. .h -,-_._--- . .._....,------~.~"" ...-.-.."'''''---- -,..-...--- . " Sec. 583.410 Obllg.ltion and deobllgatlon of funds. (a) Obligation of fU::1ds.when HUD and the applicant execute a grant agreemE~nt, funds are obligated to cover the amount of the approved assistance under subpc;irt B of this part. The recipient will be expected to carry out the supportive housing or supportive services ac:ivities as proposed in the application. (b) Increases.After the initial obligation of funds, HUD will not make revisions to i increase the amount cbligated. (c) Deobligatlon. 1. HUD may deobligate all or parts of grants for acquisition, rehabilitation, acquisition and rehabilitation, or new construction: (i) If the actual total cost of acquisition, rehabilitation, acquisition and rehabilitation, or new construction is less than the total cost anticipated in the application; or (ii) If proposed activities for which funding was approved are not begun within three months or residents do not begin to occupy t:he facility within nine months after grant execution. 2, HUD may deobligate the amounts for annual leasing costs, operating cos~:s or supportive ser'\'ices in any year: (i) If thE! actual leasing costs, operating costs or supportive services for that year are less than the total cost anticipated in the appication; or (ii) If the proposed supportive housing operations are not , begun v/ithin three months after the units are available for occupar,cy. 3. The grant agreement may set forth in detail other circumstances under ""hich funds may be deobligated, and other sanctions may be imposed. 4, HUD may: (I) Reacvertise the availability of funds that have been deobligilted under this section in a notice of fund availability under Sec. 583.200, or (ii) Award deobligated funds to applications previously submitt ed in response to the most recently published notice of fund aV:lilability, and in accordance with subpart C of this part. Agenda Item No. 16A 11 May 25, 2004 33 of 33 -- . . ._- _.----- "'1!!'!;1 :h",,;, ....."'JV!;:r:~(:,~'::;.-;>t'. :<"l" .... .-- EXECUTIVE SUMMARY Authorize the Chairman to sign the Department of Community Affairs Single Audit Act Verification form. OBJECTIVE: To authorize the Chairman to sign a form received from the Florida Department of Community Affairs (DCA) verifying that Collier County expended more than $300,000 in federal funds in FY 02/03. CONSIDERATIONS: The Chairman's signature is required on the form received from the DCA as verification that Collier County expended Federal Funds in excess of $300,000 in FY 02/03. $300,000 is the level that triggers the grantee's obligation to comply with the Single Audit Act procedures. This form verifies that Collier County has expended more than $300,000 in federal funds this past fiscal year and that Collier County will submit the required FY 02/03 audit to DCA as soon as it is available [rom the Clerk of the Court. FISCAL IMPACT: Execution of this verification form has no fiscal impact. ~, GROWTH MANAGEMENT IMPACT: The expenditure of Federal Grant funds is in general compliance with the concept of the County's Growth Management Plan by promoting the continued expansion of local resources to provide affordable housing through increasing County residents self- sufficiency. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to sign the DCA Single Audit Act Verification form. . ,.,-...... Agenda Item No. 16A 12 May 25, 2004 Page 1 of 3 ...._"~.;.,..__.__-_._-".,.,_.- COLLIER COUNTY ,- BOARD OF COUNTY COMMISSIONERS Item Number 16A12 Item Summary Authorize the Chairman to sign the Department of Community Affairs Single Audit Act Verification form. Meeting Date 5/25/2004 9:00:00 AM Prepared By Cormac Giblin Housing Development Manager Community Development & Financial Admin. & Housing Environmental Services Approved By Denton Baker Financial Admin & Housing Director Date Community Development & Financial Admin, & Housing 5/12/20045:09 PM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/13/200410:46 AM Approved By ",-~. Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin, 5/13/20049:39 AM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/14120049:17 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/16/200411:14 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/17/20049:19 AM Approved By - James V. Mudd County Manager Date Board of County County Manager's Office 5/17/20046:13 PM Commissioners - Agenda Item No. 16A 12 May 25, 2004 Page 2 of 3 . STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedi,:;ated to makina Florida a better place to call home- . . JEB BUSH HEII>I HUGHES Govemor Interim Secretary CDBG Subgrcmtees State of Florida Re: Federal fiscal year 20C2 (October 2002 - September 2003) audits required as a result of the $300,000 threshold set by the federal government Dear CDBG Subgrantees: Each fiscal year the federal government requires sending an audit to the Departmem of Community Affairs from any subgrantee that expends more than $300,boo of federal funds in a ~iven fiscal year. Please check t.he appropriate box below. If you have expended more than $300,000 in federal fiscal year 2002, pl~ase submit an audit to the Department with a signed coPi of this letter by,l\pril 3D, 2004. If you h.:!ve not expended more than $300,000 in federal funds in federal fiscal year 2002, please complete the requested information below and submit it to the Department by April 3D, 2004. If you need further clarification or assistance, please call (850) 487,3644. 1 . Sincerely, ~~ Community Program Administrator 0 Yes, we have expEnded more than $300,000 in federal funds this fiscal year. The required audit and this letter are being submitted to the Department on or before the April 30, 2004 due date. D No, we have not e:<pended more than $300,000 in federal funds in federal fi~,cal year 2002. Subgrantee Name Signature of Chief Electec Official Date Signed cc: Charles Anderson, Inspector General 2 5 5 5 S HUM A ROO A K B 0 U LEV A RD. TAL L A HAS SEE, F L 0 ~~~Mt2~B 0 16A 12 Phone: 1850) 488-84661Suncom 276-8466 FAX: (650) 921-0781/5 2'5 2004 Internet address: h1lt>:/lwww.dca,state.n.us ay , P~3of3 CRlTICAL STATE CQNCERN FIE1.D OFFICE CQfolMUNlTY PlANNING EMERGENCY MANAGEMENT HOUSING & CO'" DEVELOPMENT Z7SE Ove<seas Hi~f. Suite 212 2555 Stlutretd Oak BouIeYard Z555 SIlun'llWd Oak IlouieYatd 2555 Shumard C....1louIeYanl Ma,.,lhcn. F L 3305(). 2227 Tallahassee. FL 323~21oo Tallahassee. FL 32399-2100 TallahasSee, FL 323S9-21oo ,",nc\"~"~,, ,A,,,O\ AS8-2356 1850l413-9969 1850) 48&-7956 EXECUTIVE SUMMARY Approval from the Board of County Commissioners to waive formal competition, and solicit proposals for an impact fee study to update the Correctional Facilities Impact Fee (estimated amount not to exceed $40,000) OBJECTIVE: To obtain approval from the Board of County Commissioners to waive the requirement for the Request for Proposal CRFP) process and instead solicit proposals for a consultant to complete the Correctional Facilities Impact Fee Update. Study, as required by the Collier County Consolidated Impact Fee Ordinance, (CIFO) No. 2001-13, as amended, in the best interests of Collier County. CONSIDERATIONS: The CIFO sets forth the requirement for impact fee rates to be studied and reviewed at least every three years. The current Correctional Facilities Impact Fee was adopted in June of 1999 and has not been subsequently updated. The original contract, No. 02-3317, to update the Correctional Facilities Impact Fee was approved by the Board of County Commissioners and subsequently became effective on January 22,2002. The contract was awarded to Henderson Young and Company, but the fIrm failed to comply with the schedule specifIcations and outlined tasks of the contract. Staff regularly corresponded with Henderson Young and Company to facilitate timely completion of tasks and the work product, however, notwithstanding our efforts, the fIrm failed to meet required timelines for specifIc task completion. The Board terminated the above-referenced contract on May 11,2004, Item 16 CA) 14, at the regular meeting of the Board of County Commissioners at staff s request. The requirement for the three-year review and study must still be satisfIed in order to maintain compliance with the provisions of the CIFO. It would not be possible to meet the required timeframes using the standard RFP process, therefore, it is in the best interest of Collier County that the Board of County Commissioners waive the requirement for formal competition as provided in the Purchasing Procedure Section V CA) 3, and instead direct staff to solicit proposals for a consultant to complete the Correctional Facilities Impact Fee Update Study, FISCAL IMPACT: Upon direction by the Board, staff will solicit proposals from consultants to complete the Correctional Facilities Impact Fee Update Study. The cost of the study is estimated not to exceed $40,000. The cost of the study will be paid from the Correctional Facilities Impact Fee Trust Fund (Fund 381). GROWTH MANAGEMENT IMP ACT: The requirement to pay impact fees ensures that future development contributes its fair share to the cost of infrastructure and improvements to specified Public Facilities and is an essential element of the County's Growth Management Plan. Therefore, in recognition of changing growth patterns and population growth, the impact fees imposed should be reviewed and adjusted periodically to ensure the equitable and lawful imposition of the fees. ~jQroc...T -torn No Ibll13 ~ 2"5 200Y 1fY'" I. t ' .' fl::. l. '- .1 "'~---". ,,-^-_..... -".~ Request for RFP Waiver Page 2 RECOMMENDATION: That the Board waive the competitive RFP process for this study and direct staff to solicit proposals for a consultant to complete the Correctional Facilities Impact Fee Update Study, as required by the Collier County Consolidated Impact Fee Ordinance, CCIFO) No. 2001-13, as amended in the best interest of Collier County. fkf~rdc, .1 {I,I.)"\ N c . It III (Yl1l.{ :), ~C(4 -----., !''', j ',I', ~ " ,+ " <'1' --:- -'~\ '_ ~"~'" --.-- -~---~.._-,-"." ...,- EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase of 1.77 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $1,360,580. OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase CAgreement) between the Board of County Commissioners CBoard) and Michael R. Gionet, Mary A. Gionet, and Gary L. Gionet. CONSIDERATIONS: On January 27,2004, Agenda Item lOA, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. The Gionet parcel, as referred to on the List, contains 1.77 acres and is located in Addison Estates on Marco Island. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $1,347,500 was based upon the average of two independent, State certified general real estate appraisers. The CCLAAC has approved this transaction and on May 10, 2004, voted to recommend Board approval and execution of the attached Agreement. - Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office and Environmental Services Department. FISCAL IMPACT: The total costs of acquisition will not exceed $1,360,580 C$1,347,500 for the property, $6,000 for appraisals, $980 for the Environmental Task Audit I, and approximately $6,100 for title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). GROWTH MANAGEMENT IMPACT: There is no growth management impact because property is being bought for the Conservation Collier Program. RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Agreement and accept the Warranty Deed once it has been received and approved by the County Attorney's Office; and 2. Authorize Chairman Fiala to execute the Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 3. Authorize staff to prepare related vouchers and Warrants for payment; and ,,-.. Agenda Item No. 16A14 May 25, 2004 Page 1 of 16 ,.- ,,-.""'"....,.,.... EXECUTIVE SUMMARY Conservation Collier - Agreement for Sale and Purchase - Gionet Page 2 4. Direct staff to proceed to acquire the property, to follow all appropriate closing procedures, and to record the deed and any and all necessary documents to obtain clear title to the property; and 5. Approve any necessary budget amendments. ,_., .~^'....... Agenda Item No. 16A 14 May 25, 2004 Page 2 of 16 "- ,-,,--., Conservation Collier Land Acquisition Program Project Design Report Date: May 1,2004 Conservation Collier Gionet - Otter Mound Location Map ^- PrODertv Owner(s): Michael R. and Mary A. Gionet, Gary L. Gionet Folio(s): 21840000029,21840000045,21840000061 Location: City of Marco Island, Addison Estates, Lots 1,2, & 3 Size: 1.77 acres C3 lots at .59 acres each) ADPraisaVOffer Amount: $1,347,500 History of Proiect: Received Selected for the Approved Purchase offer Offer Accepted application Active Acquisition purchase by BC made to owners List by CCLAAC Au ust 31,2003 December 15, 2003 Janu A ril 28, 2004 - Purpose of Proiect: Conservation Collier Prol!ram Qualifications: This site met 4 out of 6 initial screening criteria. It contains one of the habitats listed by the Conservation Collier ordinance as unique and endangered and of highest preference for acquisition - tropical hardwood hammock. Additionally, a botanical survey done - in October 2003 identified two plant species listed as Endangered by the State: Oildoe Cactus Agenda Item No, 16A 14 May 25, 2004 Page 3 of 16 ^- <" "". "._~_,." "".,".....~." 0'"'' CCereus perntagonus) and Florida Thrinax Palm CThrinax radiata). This parcel contributes significantly to the surficial aquifer. An archeological survey and assessment done by the Archcological and Historical Conscrvancy in 2002 idcntificd undisturbcd shcll middcn features and has determined that "highly important undisturbed archeological strata and features occur on this parcel." The parcels are listed on the Florida Master Site File. Also documented is an historical shell terrace constructed by an owner in the early 20th century, which is protected by an historical easement. There is strong community support for acquisition of these parcels, including the City of Marco Island Capproved a Conservation Collier purchase 11/10103 and is willing to provide some limited management assistance), Marco Island Historical Society Cwilling to provide limited management assistance) and a local ecotourism business owner. These parcels were highly vulnerable to development. Staff intends to apply for a post- acquisition Florida Communities Trust grant to rcimburse the Conservation Collier Program for a portion of the cost of acquisition. These parcels had been listed as a Florida Forever Project, on the "A" list, but were removed from state consideration in February of 2004 by the owner to facilitate a sale to Conservation Collier. See the Initial Criteria Screening Report for full criteria evaluation. Proiected Manaeement Activities: Removal of prohibited exotic plant species, maintenance of existing low impact trail, fencing and installation of interpretive signs are contemplated. A meeting will be held with the City of Marco Island, the Marco Island Historical Society, and other intercstcd local parties, to prepare a managemcnt plan and agrccment that will allow the site to be appropriately used for recreational and educational opportunities associated with its "I.....,.,. environmental, archeological and historic attributes. ,- Agenda Item No. 16A14 May 25, 2004 Page 4 of 16 -- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -, Item Number 16A14 Item Summary Recommendation to approve an Agreement for Sale and Purchase of 1.77 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $1,360,580. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Meeting Date 5125/2004 9:00:00 AM Prepared By Cindy M. Erb Senior Property Acquisition Specialist Administrative Services Facilities Management Approved By Alexandra J. Suleckl Senior Environmental Specialist Date Community Development & Environmental Services 5/11/2004 1 :21 PM Environmental Services Appro\'ed By William D. Lorenz, Jr., P.E. Environmental Services Director Date Community Development & Environmental Services Environmental Services 5/11/20044:27 PM Appro\'ed By Charles E. Carrington, Jr., SRI Real Estate Services Manager WA Date Administrative Services Facilities Management 5/11/20047:40 AM .- Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 5/11/2004 8:28 AM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/11/20044:30 PM Appro\'ed By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/11/20048:26 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/12/20043:03 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/16120049:45 AM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 5/17120048:41 AM ,- Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners Agenda Ite~ni&~~li;i.~~PM I.l11) 2S, 2004 Page 5 of 16 .~--~- .- --, ._". ---~- CONSERVATION COLLIER Tax Identl1lcation Number: 21840000029,21840000045 & 21840000061 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MICHAEL R. GIONET, and MARY A. GIONET, husband and wife, as to an undivided fifty (50%) percent Interest, and GARY L. GIONET, a single person, as to an undivided fifty (50%) percent interest, whose address is 510 Alameda Ct, Marco Island, FL 34145, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit" A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be One Million Three Hundred Forty Seven Thousand Five Hundred Dollars ($1, 347,500.00) (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE" , "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser but not later than August 30, 2004, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of~ooa Item No. 16A 14 May 25, 2004 1 Page 6 of 16 CONSERVATION COLLIER Tax Identification Number: 21840000029,21840000045" 21840000061 .- 3,0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3,0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, - Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form 8 Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage, IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (AL T A Form 8-1970) covering the Property. together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable. Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. - 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by ~~eem~he title shall be deemed acceptable. Upon notification of Purc ~~J i?Jo, 16A 14 May 25, 2004 2 Page 7 of 16 -~._--'^ -".,- CONSERVATION COLLIER Tax Identification Number: 21840000029, 21840000045 & 21840000061 title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at CI~sing. N 6A1 Agenua Item o. 1 4 May 25, 2004 3 Page 8 of 16 CONSERVATION COLLIER Tlx Identification Number: 21840000029,21840000045 & 21840000061 ,_. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2003 taxes, and shall be paid by Seller. IX, TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1 %) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement - between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder, Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be - performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any act~~, claim~ proceedings, litigation or investigations pending or threatene S~ O. 16A 14 May 25, 2004 4 Page 9 of 16 "..- --.- ---""-...-- ---~ CONSERVATION COLLIER Tax Identification Number: 21840000029,21840000045 & 21840000061 law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or PhYSi~1 co~tioflt th~ 1 Property to change from its existing state on the efte ~ ~ I1tt1 o. 6A14 May 25, 2004 5 Page 10 of 16 CONSERVATION COLLIER Tax Identification Number: 21840000029, 2184000004!i & 21840000061 - Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq" ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss anc:llor damage to the Property between the date of this ~- Agreement and the date of Closing shall be Seller's sole risk and expense, XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr, Naples, Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 With a copy to: Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8400 Fax number: 239-774-0225 If to Seller: Michael R. & Mary A. Gionet Gary L. Gionet - 510 Alameda Ct. Marco Island, FL 34145 Telephone number: 508-274-1672 Agenda Item No. 16A14 Fax number: 239-394-4634 May 25,2004 6 Page 11 of 16 . ."~.~ -...--,.-.... ,_..~ CONSERVATION COLLIER Tax Identification Number: 21840000029,21840000045 & 21840000061 11.02 The fax numbers and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation Collier Land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in ,(g~'hd~Pfi~~ ~o, 16A 14 May 25, 2004 7 Page 12 of 16 CONSERVATION COLLIER Tax Identification Number: 21840000029,21840000045 & 21840000061 conveyed to Collier County, (If the corporation is registered with the Federal ,- Securities Exchange Commission or registered pursuant to Chapter 517, Florida -" ,- Agenda Item No. 16A 14 May 25, 2004 8 Page 13 of 16 ----,-,..~._~-'- -."- .-.-.- . CONSERVA nON COLliER Tax Id.ntlflcatlon Number. 2114!)OOO02g, 21140000045" 211400000e1 Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 266, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party, No modification or amendment of this Agreement shall be of any force or effect unless made in writing .and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk DONNA FIALA, CHAIRMAN AS TO SELLER: DATED: M (' 41\tL~ a 2zb~f- MARY A. GIONEt 8 0, 16A14 25,2004 14 of 16 . CONSERVATION COWER Tu Identlflcatton Number: 21140??oo29,21840000045 & 21&40000061 "-- 7f , Approved as to form and legal sufficiency: k~' Ellen T. Chadwell Assistant County Attorney fk 5'~ Ill(' 11\ ~IJ~ h I.IJt. {\ 103/ cj(..k"'jl: -t -Ik IJ..l~'- - Art.(,l t-o c.c"'f"1lk. IAil~ tk jd./ltr "f J10 A;J,-J,,;.'\4./ co~h J., *" !J.Jytr a.J tlD A21"t .J. f1.c.. ,-I us; "J ' -ifill llf - - mJ.",,/ K b."",t.r O,'~n.. r;A>I... I et."i;t'~~"" ~ (./I~rl r ch...~~ II " - ~- 9 Agenda Item No. 16A 14 May 25, 2004 : Page 15 of 16 ..-.-- .-,.. ."".__._--~..-~, _._~-~ -,.._". - CONSERVATION COLLIER Tax Identification Number: 21840000029,21840000045 & 21840000061 EXHIBIT "An TAX IDENTIFICATION NUMBER: 21840000029,21840000045 & 21840000061 LEGAL DESCRIPTION: ADDISON ESTATES, LOT 1, 2, & 3, AS RECORDED IN PLAT BOOK 39, PAGE 96-97 IN THE OFFICIAL PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND AS FURTHER DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 20, BLOCK 7, JAMES M. BARFIELD'S SUBDIVISION OF LOTS 2, 3, AND 5, IN SECTION 21, TOWNSHIP 52 SOUTH, RANGE 26 EAST; THENCE SOUTH 46030. WEST 1400 FEET TO THE SOUTHEAST CORNER OF J. L. COLLIER'S LOT; THENCE NORTH 295 FEET TO POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED; THENCE NORTH 210 FEET; THENCE WEST 369 FEET; THENCE SOUTH 210 FEET TO J. L. COLLIER'S NORTH WEST CORNER; THENCE EAST 369 FEET TO POINT OF BEGINNING, ALL IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Agenda Item No. 16A 14 May 25, 2004 11 Page 16 of 16 "..-.,. EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase of 3.64 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $486,950. OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase CAgreement) between the Board of County Commissioners CBoard) and George Visnich and Virginia C. Visnich. CONSIDERATIONS: On January 27, 2004, Agenda Item lOA, the Board approved a Collier Conservation Land Acquisition Advisory Committee CCCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. The Visnich parcel, as referred to on the List, contains 3.64 acres and is located on the east side of the entry road to Veterans Community Park, just south of Immokalee Road. Conservation Collier's Purchasing Policy requires that one appraisal be secured for property valued less than $500,000 and two for property valued $500,000 and greater. Staff s estimated value of the Visnich parcel was greater than $500,000 so two appraisals from independent, state-certified general real estate appraisers were secured. Because Real Estate Services' staff appraiser could not distinguish one appraisal as being more representative of value than the other, the two appraisals were averaged to establish the $477,500 purchase price. One appraiser gave value at ,- $475,000 and the other at $480,000. The CCLAAC has approved this transaction and on May 10, 2004, voted to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office and Environmental Services Department. FISCAL IMPACT: The total costs of acquisition will not exceed $486,950 C$477,5oo for the property, $5,700 for appraisals, $950 for the Environmental Task Audit I, and approximately $2,800 for title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). GROWTH MANAGEMENT IMPACT: There is no growth management impact because property is being bought for the Conservation Collier Program. RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Agreement and accept the Warranty Deed once it has been received and approved by the County Attorney's Office; and ,,-.., Agenda Item No. 16A 15 May 25, 2004 Page 1 of 15 - .._..~.__._---.,.....,...",.,;-"".._",..__..,.".-,;,~""", ." .,-- .,',;_."....."~.,...._--".._..~......_--,'_.,.,,----"- .___ ._ ._~___".....M....'~__.~.~__.......-~. EXECUTIVE SUMMARY Conservation Collier - Agreement for Sale and Purchase. Visnich Page 2 2. Authorize Chairman Fiala to execute the Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 3. Authorize staff to prepare related vouchers and Warrants for payment; and 4, Direct staff to proceed to acquire the property, to follow all appropriate closing procedures, and to record the deed and any and all necessary documents to obtain clear title to the property. _0 ....-. Agenda Item No, 16A 15 May 25, 2004 Page 2 of 15 Conservation Collier Land Acquisition Program Project Design Report Date: May 1,2004 Conservation Collier Vlsnlch Location Map North CoIO.r HOlpltal \ It ~ North Naples Fir. Stlti on Veterans Par1l Southhampton' "'- ".- Property Owner(s): George and Virginia Visnich Folio(s): 00166680102 Location: Across from Veterans Park on the south side of Immokalee Road next to the Cocohatchee River. Size: 3.64 acres AppraisaVOfTer Amount: $477,500 Historv of Proiect: Recei ved Selected for the Approved for Purchase offer Offer Accepted application "A" category, purchase by made to owners #1 priority, on BCC the Acti ve Acquisition List by CCLAAC _. 7/24/03 12/15/03 1/27/04 4/28/04 4/30/04 Agenda Item No. 16A 15 May 25, 2004 Page 3 of 15 Purpose of Project: Conservation Collier Pr02ram Qualifications: This parcel met 5 out of 6 initial screening criteria. It contains one of the unique and endangered priority habitats listed in the ordinance - riverine oak. It also contains othcr native habitats: upland scrub, pinc flatwood and cabbage palm forest. A plant species listed as Endangered by the State was observed: Fuzzy-wuzzy air plant CTillandsia pruinosa). A Gopher Tortoise CGopherus polyphemus), listed by the State as a Species of Special Concern, was observed on the parcel. This parcel is situated along the banks of a small creek, the Little Cocohatchee River, which flows to the NW into the Wiggins Pass area. It provides habitat and forage for wetland dependent species, and can hold and channel floodwaters away from surrounding developed properties. It has high restoration potential and is connected to a preserve on its south end CSouthhampton/Stonebridge). Infestation by exotic plant species is relatively low. This site was highly vulnerable to development under its current zoning of Rcsidential Single Family. Sce thc Initial Criteria Screcning Rcport for full criteria cvaluation, Proiected Mana2ement Activities: Removal of exotic plant species, and addition of a low impact trail with interpretive signs and picnic area next to the river are contemplated. This activity would require minimal maintenance, which could be contracted through the Parks and Recreation Department, as the property is within walking distance of Veterans Park. .,- - Agenda Item No, 16A 15 May 25, 2004 Page 4 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -^ Item Number 16A15 Item Summary Recommendation to approve an Agreement for Sale and Purchase of 3,64 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $486,950. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Meeting Date 5/25/2004 9:00:00 AM Prepared By Cindy M. Erb Senior Property Acquisition Specialist Administrative Services Facilities Management Approved By Alexandra J. Sulecki Senior Environmental Specialist Date Community Development & Environmental Services Environmental Services 5/11/2004 1 :22 PM Appro\'ed By William D. Lorenz, Jr., P.E. Environmental Services Director Date Community Development & Environmental Services Environmental Services 5/11/20048:25 AM Appro\'ed By Charles E. Carrington, Jr., SRI WA Real Estate Services Manager Date Administrative Services Facilities Management 5/11/2004 7:42 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 5/11/20048:27 AM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin, 5/11/2004 3:39 PM Approyed By Joseph K. Schmitt Community Development & Environmental Services Admlnstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin, 5/11/20048:28 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/12/2004 3:05 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/16/20049:56 AM Appro\'ed By Michael Smykowski Management & Budget Director Date c""""' County Manager's Office Office of Management & Budget 5/17/2004 8:43 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office Agenda Ite~ni&~0113~S!tM Mil) 25, 2884 Page 5 of 15 .~~--- ~"'"~_. ~,--,~.._- CONSERVATION COLLIER Tax IdentHlcation Number: 00166680102 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between GEORGE VISNICH and VIRGINIA C. VISNICH, husband and wife, whose address is 429 Ridge Court, Naples, FL 34108-2602, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference, WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Four Hundred Seventy Seven Thousand Five Hundred Dollars ($477,500.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser but not later than September 30, 2004 unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. Agenda Item No, 16A 15 May 25, 2004 1 Page 6 of 15 CONSERVATION COLLIER Tax Identification Number: 00166680102 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as .-." required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form 8 Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (ALTA Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the - title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall us~maeff@fM lRJo 16A 15 make such title good and marketable. In the event Seller is un ble 0 curEfVt~ 2'5, 2004 2 Page 7 of 15 ._"., ---~"'-- _..~,.,,_,.......>>- ....,..,_.,,~' CONSERVATION COLLIER Tax Identification Number: 00166680102 objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change ..to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall be responsible for any loss or damages occasioned thereby or as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. - VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2003 taxes, and shall be paid by Seller. Agenda Item No. 16A 15 May 25, 2004 3 Page 8 of 15 CONSERVATION COLLIER Tax Identification Number: 00166680102 - IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1 %) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 13.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of - each of the parties, X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder, Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other .- governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. Agenda Item No. 16A 15 May 25,2004 4 Page 9 of 15 -"-"- ,._h~~,.".__"_.__,,"_ -". '--'.-' ,..,'"., ' ~".'__.N,_,..____ CONSERVATION COLLIER Tax Identification Number: 00166680102 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof, 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees t~~ifItl~~EtQo. 16A 15 May 25, 2004 5 Page 10 of 15 CONSERVATION COLLIER Tax Identification Number: 00166680102 promptly of any change in the facts contained in the foregoing representations ,-. and of any notice or proposed change in the zoning, or any other action or - -, Agenda Item No, 16A 15 May 25,2004 6 Page 11 of 15 ...----,~....._- _.~..",,- ,- .-...- w..__ CONSERVATION COLLIER Tax Identification Numbar: 00166680102 notice, that may be proposed or promulgated by any third parties or any govemmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement') reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in acco'rdance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C, Section 9601, et seq., ('CERCLA' or 'Superfund'), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ('SARA'), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss andlor damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation Df receipt, Dr by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 Telephone number: 239.732.2505 Fax number: 239.213.2960 With a copy to: Ellen T, Chadwell Assistant County Attorney I , Office of the County Attomey Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8400 Fax number: 239.774.0225 If to Seller: George & Virginia C. Visnich 429 Ridge Ct Naples, FL 34108.2602 Telephone number: Fax number: . With a copy' to: j John Aycock ReaL 5~~ 117 ~ . John R. Wood Realtors ~ G e 0 r'J ( r V,: j ..10\77255 Tamiami Trail North Vi 5.1\.1; ch . ~I', c.. Naples, FL 34108 (oj-, J Telephone number: 239-659-6146 r Fax number: 239.261-4746 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party 6 Agenda Ite No. 16A15 rylay 25, 2004 Rage 12 of 15 i CONSERVATION COLLIER Tax Identification Number: 00166680102 in the manner provided herein. For the purPose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the .offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation Collier Land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) Agenda Item No. 16A 15 May 25, 2004 B Page 13 of 15 ~~. " -- . CONSERVATION COlLIER Tn lcIentlllc:etlon Number: 00166&80102 13,10 This Agreement is govemed and construed in accordance with the laws of the State of Florida, XIV. ENTIRE AGREEMENT 14,01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced 8greements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated ProjecVAcquisilion Approved by BCC: AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk DONNA FIALA, CliA1RMAN AS TO SELLER: DATED:~ WITNESSES: (" ~~~/?~~/~ GEOR VISNICH C ,v...... ~gnature) ~^{'~<. r:;;. Cnu. NC1~~,JQ.. (Printed Name) . I' . . . , L .7 (3~~~; <"''"' ,( ~~ L~ : L VI~ INIA C. VISNICH ; : Approved as to form and legal sufficiency: , k ~(/~-~ Ellen T, Chadwell Assistant County Attorney Agenda Item No. 6A15 8 May 25, 2004 Page 1 of 15 CONSERVATION COLLIER Tax identification Number: OOt66680102 EXHIBIT" A" TAX IDENTIFICATION NUMBER: 00166680102 LEGAL DESCRIPTION: THE WEST 40 FEET, MEASURED AT RIGHT ANGLES TO THE WEST LINE OF LOT 15, SOUTHWIND ESTATES, PLAT BOOK 11, PAGES 16 AND 17; AND THAT PORTION OF THE NORTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING SOUTHWESTERLY AND WESTERLY OF THE THREAD OF A STREAM, BEING SHOWN AS "NOT A PART OF THIS PLAT" IN THE SOUTHWEST CORNER OF SAID SOUTHWIND ESTATES. -- - Agenda Item No. 16A 15 May 25, 2004 10 Page 15 of 15 ._~,_.. M ,,__ .~~.,_ ..".....~'<A__._.". ".. ""_'.~,v#"__="_'_~~_"~ . ,_ ___'__.~.__._"__,_"N"'___'_____'__ ....-- EXECUTIVE SUMMARY Approve a second amendment to work order number HA-FT -03-02 assigned to Pitman- Hartenstein & Associates Inc. to include additional design services for a second segment of the Immokalee Fifth Street Ditch Project (project number 51704) increasing the amount by $62,240.00. OBJECTIVE: To receive Board approval to amend a work order for the Immokalee Fifth Street ditch project to include design, analysis and permitting of approximately 3,400 feet of stormwater pipe to enclose a second segment of the ditch along the west side of Fifth Street. This segment has limits between Eustis A venue and approximately 1000 feet south of Doak A venue and along the north side of Eustis from 9th Street to 5th Street. CONSIDERATIONS: The Fifth Street ditch is located in Immokalee and runs parallel to Fifth Street along the west side of the sixty-foot C60') wide road right-of-way. This ditch runs north to south with the northern limit located at Colorado A venue and the southern limit located approximately 1,000 feet south of Doak Avenue, for a total length of approximately 3,400 feet. As part of a neighborhood safety and stormwater improvement project a 600-foot section of this ditch is scheduled to be enclosed with twin, 48-inch diameter, round concrete pipes. This 600-foot section is located adjacent to the Immokalee Apartments between Delaware and Eustis A venues. On April 13, 2004, the Board approved work order no. UC-004 to Kyle Construction, Inc. in the bid ~_. amount of $371,856.59 for construction of the original 600-foot section of ditch. Work is planned to start in May 2004 with a goal of completion within sixty (60) days. In February 2003 order number HA-Ff-03-0 in the amount of $45,910.00 was originally open with Pitman-Hartenstein and Associates, Inc., a civil engineering design firm located in Fort Myers, Florida, to complete the survey, design, specifications, and permitting for the original 600-foot long project. In April 2004 this work order was amended, a $13,180.00 increase, for the addition of construction services by Pitman-Hartenstein and Associates. Construction services were not part of the original Engineering Services work order because at that time, February of 2003, it was thought that County Staff would provide in-house construction inspection services. As completion of the original design work approached. the need for an expansion or second phase of the project became apparent when additional neighborhood safety issues and stormwater improvement system needs were identified. The original project scope only included the area along Fifth Street between Delaware and Eustis Avenues, a 600-foot long segment. A second phase did not exist when the original project was created. The design work for the proposed project expansion or second phase is the subject of this second work order amendment. This proposed amendment is a $62,240.00 increase which will provide for commencement of planning, design, surveying and permitting of a second longer, segment of proposed improvements of this same ditch, as well as improvements to a ditch along the north side of Eustis Avenue from 9th Street to 5th Street. This second segment of proposed improvements are contiguous to the first segment and will be a continuation and expansion of the same neighborhood ~ safety and stormwater improvement project in the Immokalee Fifth Street area. Commencing this Agenda Item No, 1681 May 25, 2004 Page 1 of 12 -- _ ^'" ."m~' ._......_,__."'...',,''',.~.."......'''"'...,.'.,. ..., . ,.._n., Executive Summary Imm. Fifth Street Ditch Page 2 of2 planning and design effort now will sequence an effort resulting in construction of this second and final phase of improvements during FY 05 prior to the rainy season. The total proposed work order amendment is an increase from the current amount of $59,090.00 to $121,330.00 for a total increase of $62,240.00. FISCAL IMPACT: Funds are available within the County-wide CIP Fund (301). Source of funds is Ad Valorcm taxes. GROWTH MANAGEMENT IMPACT: Construction of these stormwater management facility improvements are in accordance with the goal and objectives of the Drainage Sub-element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: (1) Approve amendment no. 2 to work order number HA-FT-03-02 to Pitman-Hartenstein & Associates Inc. increasing the total cstimated engineering services fee from $59,090.00 to $121,330; (2) Authorize the Transportation Division Administrator to execute the amended work order number HA-FT-03-02 to Pitman-Hartenstein & Associates Inc. ..- Attachments: Work Order - Agenda Item No, 1681 May 25,2004 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number 16B1 Item Summary Approve a second amendment to work order number HA-FT-03-02 assigned to Pitman.Hartenstein & Associates Inc. to include additional design services for a second segment of the Inlmokalee Fifth Street Ditch Project (project number 51704) increasing the amount by $62.240.00. Meeting Date 5/25/2004 9:00:00 AM Approved By John Vliet Roads Maintenance Superintendant Date Transportlon Services Road Maintenance 5/10/20044:25 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 5/11/20042:36 PM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 5/11/20048:51 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Manager's Office County Attorney Office 5111/2004 11 :26 AM Approved By Linda Jackson Contracts Agent Date - Administrative Services Purchasing 5111/2004 8:45 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportlon Services Transportation Services Admin. 5113/2004 1 :26 PM Approved By Diane Perryman Executive Secretary Date Transportlon Services Transportation Services Admin. 5114120048:54 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Offlce Office of Management & Budget 5/14/200410:07 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Offlce Office of Management & Budget 5/15/2004 9: 20 AM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Offlce Office of Management & Budget 5/19120048:58 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/19/2004 8:55 AM Approved By - Gerald Kurtz Senior Engineer Date Transportion Services Road Maintenance- Stonnwater 5/6/2004 5:04 PM Agenda Item No. 1681 May 25, 2004 Page 3 of 12 ."-~"._~-,- '-"'"-'" -,,,,",,-",..,,. . . SCOPE OF SERVICES . Immokalee Fifth Street Ditch Pipe Installation - Phase II Collier County Stormwater Manal!ement Deoartment March 15,2004 I. INTENT To provide design, analysis and permitting of approximately 3,400 I.f. of storm piping to replace the Fifth Street ditch (between Eustis Avenue and appx. 1000 I.f. south of Doak Avenue) and the Eustis Avenue ditch (between 91h Street and SIh Street) in Immokalee, Florida. ll. ELEMENTS PROVIDED BY THE CONSULTANT The Consultant shall perform the following tasks: 1. Provide design survey of the existing Fifth Street ditch and existing storm piping as necessary to prepare construction plans for the storm piping between Eustis Avenue and approximately 1000 I.f. south of Doak Avenue. The design survey for the existing ditch along Eustis Avenue between 91h Street and Soh Street was previously performed for Phase I by Aim Engineering & Surveying, Inc. in 2003 and will not be updated. Results to be given in State Plane Coordinate System (FL east) referenced to NAD 83, and elevations are to be referenced to NA VD 88 to coordinate with the Collier County Property Appraiser's aerial maps and for future use with GPS. 2. Perform drainage analysis for the project as necessary to design the replacement piping. The drainage analysis will include the following: a Determine the drainage basin boundaries and prepare a drainage map showing the basin boundaries. The basin boundaries will be determined using the proposed SUIVey information, site observation and a review of existing information (aerial photos, USGS Quadrangle map, FOOT drainage maps, plans, etc.). The drainage basin characteristics including runoff coefficients and time of concentration will also be determined. b. Estimate the peak discharge rates for the proposed storm piping using the rational or other appropriate method in accordance with the guidelines in the FOOT Drainage Manual. c. Perform a hydraulic analysis of the exiting ditch and proposed storm piping system using "FlowMaster" and "StormCAD" computer design programs by Haestad Methods. Inc. If applicable, individual culverts will be analyzed using "HY8" Culvert analysis program by FHW A. Extended storm event modeling and pond routing analysis are not included. d. Prepare a report which presents the results of the drainage analysis as required by the South Florida Water Management District. e. The drainage analysis will also include design measures as necessary to address water quality concerns of the South Florida Water Management District. It is assumed that water quality for the project will be provided by shallow swales located over the piping system consistent with the design for the segment between Delaware Ave. and Eustis Ave. Pitman-Hartenstein & Associates, Inc. -- - . . , Prepare construction plans for the proposed improvements as follows: 3. 0_ a. Provide construction plans for the proposed improvements at the 60%, 90"10 and final completion stages in the design. The construction plans will include plan and profile views and cross sections at 1 ()() ft. intervals. b, Prepare technical specifications as required. FDOT Standard Indexes and specifications I will be referenced in the plans, as applicable. If site-specific characteristics dictate unique i specs, then the consultant shall develop the specs. c. Provide required correctiolll or additions to the plans brought about by the County quality assurance reviews and/or regulatory agency reviews. d. Provide bid items and a quantity take-off of all quantities needed to bid and construct said I improvements. I I Perform an opinion of probable construction cost for the proposed improvements at the I e. 90% and final plans stage. 4. Prepare and submit the South Florida Water Management District Environmental Resource Permit application and supporting documentation including two (2) requests for additional information. It is anticipated that the project will not require a permit from the U.S. Army Corps of Engineers. Permitting with the Army Corps of Engineers is not included in this scope and will be provided as additional services. 5. Project management and coordination including: a. Coordinate the project with County staff and attend four (4) project meetings. b. Perform field reviews of the project site to complete the analysis and design of the proposed improvements. ~-,~ c. Coordinate improvements with the existing utilities and utility companies. If utility relocations are required, they will be designed and permitted by the individual utility companies. Plans will be provided to the utility companies at the 60"10 and final stages. 6. Provide bidding assistance to the County limited to attending one pre-bid meeting, providing clarifications to bidders and addendums. III. ELEMENTS TO BE PROVIDED BY THE COUNTY The following items are not included in this scope of services and will be provided by Collier County if necessary: 1. In-house review of the drainage analysis and construction plans at the 60%, 90% and Final Plans stages. 2. Payment of all permit application fees. 3. Aerial photographs, legal documents, etc. required for permit submittals. Pitman-Hartenstein & Associates, Inc. - - -'".'~" . . I , i I Preparation of an EP A NPDES Notification of Intent for construction. 4. , 5. Hazardous materials screening and site investigation and/or remediation, if required. 6. Environmental services, including wetland detennination, protected species survey, wetland mitigation and permitting, if required. 7. The services of an archaeologist, including historical resource investigation and permitting. 8. Geotechnical Engineering services. 9. Structural Engineering services, other than specified in Section Il. 10. Design of roadway, street lighting, or other facilities not specified in Section Il 11. Design of utility relocations. 12. Prepare front end documents and assemble bidding documents. 12. Construction services will be provided as additional services if requested. IV. PROVISIONS OF WORK. The Consultant shall furnish two (2) sets of 11 "x17"size plans for all County reviews, to coordinate the design approvals. Two (2) sets of plans shall be provided to each utility company f agency for coordination purposes. The Consultant shall furnish two (2) complete sets of approved final plans (I 1 "xl 7"), technical specifications and bid item list for bidding purposes. The final submittal will also include plans and survey on diskette (AutoCADD 2000 format). Project and design documentation will be provided in written and electronic format as appropriate throughout the project V. PLAN ASSEMBLY The plan assembly consists of, and includes the following to be provided by the Consultant in the contract plans preparation: Plan sheets: 1. Key Sheet 2. Notes & Details 3. Plan & profile sheets (1"=40~; 4. Cross sections VI. PHASE SUBMlTI ALS The phase review submittal shall contain the items required as noted above. From the date of authorization, the phase submittals are due on: Task Schedule Survey Four weeks 60% Phase Eight weeks (includes two weeks for County Review) 90% Phase Eight weeks (includes two weeks for County Review) Final Phase Five weeks (includes two weeks for County Review) Pitman-Hartenstein & Associates, Inc. - --- . . <-< The Consultant shall prepare written responses to each phase review corrunent acknowledging design revisions or I providing appropriate justification for design. I Vll. COMPENSATION Task m LS or NfE l. Survey 14,360.00 LS 2. Design Analysis 4,000.00 LS 3. Construction Plans 29,880.00 LS 4. SFWMD Pennitting 8,000.00 LS S. Project Management 5,200.00 LS 6. Bidding Services 800.00 LS Construction services to be negotiated later as requested. TOTAL $ 62,240.00 LS All tasks with related fees are eligible for work in progress payments. ~ Pitman-Hartenstein & Associates. Inc. -- <- ~".,- ...."""".....,_.,._""......",_.._-,_.... .,._"..". --.,,,.---- ~_.-. . --'-"-."-'-'"'-"- -- tlntnobIee Fifth sn.t Ditch P\Ipe IM&aDdcn - PhaM II CoI;or c:o.ny. Rondo IlIANHOUIll FEE I!STlMAn PTIpIndbr "'~"-cIdIIIII. we. PHA ~ No.: F3O\f o.:~'$,2Dll4 1-- ~ ......, ~ ......, ~ ......, "'= ......, C<DO ......, ....... ......, T_>n ..... .... T.. Fw Fw Fw Fw T_ Fw --- Fw -,. T_ "-'- ,. 1-.- " 1100.00 . 5100.00 . ..... . "".. . ..... . ..... " 11,-'0000 112,lIOlX . >0 '" 1100.00 '" ItOO.OO . ...,.. . "".. . ..... . ..... .. "'00000 I " ~..... .. ItOOoo . 110000 . ...,.. "" "",.. ,<0 ..... 0 ..... ... S2li 110.00 . .0 1- <0 1100,00 <0 11OlI,00 . ..... . "".. . ..... . ..... .. $1000.00 , SO 1......__ " '\OOtlQ " 1'100011 . ...,.. 0 "".. 0 ..... 0 ..... 52 SSJlXlOO I SO r.:.o...;.-.,. . 1'0000 0 "(1)00 . ... .. . "".. . ..... 0 ..... I ""'-.. om.!! 2" "0000 .. "0000 0 ..... '" "".. "" ..... 0 ..... .,. "'92!C 00 112._ . .....or.... P:\F3Dl'.~", - ---Agt::IH..h:l Ilt::11I Nu. 1681 May 25. 2004 Page 8 of 12 - i I ! I i I ROADWAY TOTAL 0 "'-"" I>l< GRB Dolo: Mon:IIl! 2C04 "'...- f':'o7}Ol~""'."Il\T~ l'KAM&no1l ,- May 25, 2004 Page 9 of 12 . CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: :rMIVlOI~L.EC FI PIH ST~&r PROJECT #: 500 4 BID/RFP #: O(-3.2.~OMOD #: 2- AMOUNT OF THIS CHANGE $ ~ 2, 2.40 I 00 PO #:j5" Cboo ( l29 CONTRACT AMOUNT: ORIGINAL $ sq, Oqo .{)O CURRENT $ 1'2-1,330.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval ~/A Agenda Item # tvlA Percentage of the change over/under current contract amount 10S- % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE(S): ORIGINAL: cy / H;-! 03 " II /Odr . PARTIES CONTACTED REGARDING THE CHANGE: -r~""$ pol~.c)""" Jh'ul~/O"'\, ~\v.. " f(.;rc"~i"11 ~.) :rM~. ~a.d a-~ I:r,~<t.... bitp;-. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ..r. Proposed change is consistent with the scope of the existing agreement '(' Proposed change is in fact an addition or deletion to the existing scope 7{ Change is being implemented in a manner consistent with the existing agreement :L The appropriate parties have been consulted regarding the change .t. Proposed prices, fees and costs set forth in the change are reasonable - PROJECT M~RECOHATlON: Date: SI, 0/ C> 4- APPROVE: ~ DISAPPROVE: Date: COMMENTS: Agenda Item No, 1681 Revised 7/22/03 May 25, 2004 Page 10 of 12 ,- AMENDMENT # 2 WORK ORDER # PHA-FT-03-02 Agreement for Fixed Term Professional Engineering Services Dated September 24, 2002 (Contract #01-3290) This Work Order is for Professional Engineering Services for work known as Immokalee Fifth Street Ditch Project To accomplish necessary surveymg. analysis. design and permitting for enclosing an additional portion of roadside drainage ditch. The work is specified in the proposal dated 3/15104 Csurvey, design, analysis, etc.) 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 #PHA-PT-03-02 is assigned to Pitman-Hartenstein & Associates Inc. Scooe of Work: o RIG. AMEND. 1 AMEND. 2 TOT AL INCL. COST COST COST AMEND. 1&2 Design Services Task 1 Survey $27,350 N/A $14,360 LS $ 41,710 Task 2 Design Analysis $ 3,040 N/A $ 4,000 LS $ 7,040 Task 3 Construction Plans $ 7,320 N/A $29,880 LS $ 37,200 Task 4 Environmental Permitting $ 3,400 N/A $ 8,000 LS $ 11,400 Task 5 Project Management $ 4,200 N/A $ 5,200 LS $ 9,400 Task 6 Bidding Service $ 600 N/A $ 800 LS $ 1,400 Post Design Services Task 1 Pre-construction Meeting N/A $ 600LS N/A $ 600 Task 2 Respond to RAI N/A $ 1,000 T&M N/A $ 1,000 Task 3 Shop Drawing Review N/A $ 800 T &M N/A $ 800 Task 4 Site Observations N/A $ 6,280 T &M N/A $ 6,280 Task 5 Meetings N/A $ 1,780 T&M N/A $ 1,780 Task 6 Record Drawings N/A $ 1,720 LS N/A $ 1,720 Task 7 SFWMD Certification N/A $ 1,000 LS N/A $ 1,000 Total Cost $45,910 $13,180 $62,240 $121,330 Schedule of Work: Additional Design Services to be completed within 25 weeks from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Pi ve of the Agreement, the County will compensate the Pirm in accordance with the established hourly rateCs) as enumerated in Schedule "A" of the Agreement. - Agenda Item No, 16B 1 Page 1 of2 May 25, 2004 Page 11 of 12 ^" -_.--- ,",,-'..'-. " ,---~- . <_.~.,.._~~--~ Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: Gerald N. Kurtz, P.E., Principal Project Manager Date Stormwater Management SectionIRoad Maintenance Department REVIEWED BY: John Vliet, Interim Director Date Road Maintenance Department REVIEWED BY: Stephen Y. Carnell, Director Date Purchasing Department APPROVED BY: Norman Feder, A.LC.P., Administrator Date Transportation Services ATTEST: BOARD COUNTY COMMISSIONERS Dwight E. Brock, Clerk Collier County, Florida By: By: Deputy Clerk Donna Fiala, Chairman Date: ATTEST: ACCEPTED: CCorporate Secretary) Pitman-Hartenstein & Associates, Inc.:. By: By: Alan Hartenstein, Executive Vice President CPrint Namerritle) Approved as to Form and Legal Sufficiency: Assistant County Attorney Agenda Item No. 1681 Page 2 of2 May 25, 2004 Page 12 of 12 ".-..... EXECUTIVE SUMMARY Award bid #04-3655, Livingston Road (Immokalee Road to Collier County Line) median landscape improvement construction project to Hannula Landscaping, Inc. in the amount of $907,201.90. OBJECTIVE: To accomplish median landscape improvements on Livingston Road (CR 881) from Immokalee Road to the Collier County Line, in conjunction with the Collier County Landscape Beautification Master Plan. CONSIDERATION: 1. On March 26, 2004, the Purchasing Department sent notices to 40 vendors for the landscaping and irrigation installation of Bid #04-3655, Collier County Landscape Beautification Master Plan, Livingston Road (Immokalee Road to County Line) Median Landscaping Installation. 2. On April 9, 2004 at 11 :00 am, a mandatory pre-bid meeting was held, at which time all prospective bidders had questions answered regarding the bidding documents for this project. 3. On April 27, 2004, 2004 at 2:30 p.m. three (3) bids were received and opened. 4. Staff deems Hannula Landscaping, Inc. to be the lowest, qualified, and responsive bidder, and recommends award of this bid to Hannula Landscaping, Inc. Staff recommends awarding the contraCt to Hannula Landscaping, Inc. with a base bid amount of $883,127.90. Staff also recommends Including in this award, Section V Bid Alternate Item #3, Mulch (Pine Straw) for $18,774.00, Section V, Bid Alternate Item 7, Individual South Horida ~...-...' Water Management District well permitting for $5,300.00. Staff recommends awarding alternate items in the additional amount of $24,074, for a total award of $907,201.90. FISCAL IMPACT: Total funds needed are $974,914.49, Funds in the amount of $470,000 are available in Transportation Supported Gas Tax Fund 313 Livingston Road (Immokalee Road- County Line). $867,555 was budgeted in the Landscape Master Plan, $397,555 was used for Everglades Pathways and US 41 Street Lighting Projects as a loan from the Livingston Road Landscape Project. With the low base bid amount and alternates, the total amount needed to award this bid to Hannula Landscaping, Inc. is $907,201.90. County costs for the Motorola Central Control Irrigation components ($24,482.39), surge protection ($1,579.20), effluent tapping fees ($851), right-of-way permitting ($600,00), and Florida Power & Light electrical connections ($40,200.00) that total $67,712.59. A budget amendment in the amount of $504,914.49 is needed from the Transportation Supported Gas Tax Fund Reserves. Source of Funds are Gas Taxes. The additional funding is needed due to the unanticipated cost of electrical connections and trenching, SFWMD pennitting requirements, and additional median width greater than the average IT width addressed in the Master Plan. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid #04-3655, Livingston Road (Immokalee Road to County Line) median landscape improvement construction projeet to Hannula Landscaping, Inc., approve the necessary budget amendment, and authorize the Chairnlan to ~.. execute the standard contract after review by the County Attorney's Office. Agenda Item No. 1682 May 25, 2004 1 of 21 ~,.,---",,,,~,,",,,,.,~.,,;,,"~.,,.,,"""'-"---"._-'",. - Executive Summary .'."""" Page 2 of 2 Exhibits: 1. Bid Tabulation, 2. Motorola, 3.Hit Product, 4. Water meter tapping fees, 5. Simmonds Electric ."'- .- Agenda Item No, 16B2 May 25, 2004 2 of 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 1682 ,.-"- Item Summary AwnrcJ b:d #04-3655. livingstofl Roud (IrnmoKC:ileu Road 10 ColliE;!" CQunty Linu) mediclf~ landscapE: irnpfOVemEtnt cOI':$tn.,don pro;l!cl to Hal~rtlJja Land6capir~g. Inc, in the emount of $907,201.90. Meeting Dale 5;25/2004 900:W AM Prtpared By Pamela J. Lulieh Project ManaQer Transportion Serviees Tmffic Operations/ A 1M Approved By Traf'fle O~radon. and Alt Trans Date Olano B. Flayg Modes Director Transportion Services Traffic Operations; A TM 5112/20044:12 PM Approved By Lyn Wood Purchasing Agent Data Administratiye Sel'\'ices PlJrchasing 5/1212004 11 :08 AM Approved By Sharon Newman Accounting Supervisor Cate Transportion Services Tran.portallon Adminls.tration 5/12/200410:41 AM Approved By Pamela J. Lunch Project Manager Date Transportion Serv1ces Trattlc Operations! A TM 5/121200410:21 AM Approved By Steve Cilime!l PurchasingfGC1leral S'Vcs Direc.tor Dam Administrative Servk.Bs Purchasing Si13J2004 9:19 AM Appro...d By Norm E. Feder, AICP Transportation Division Ad:"flinistriStor Date -~ Tramsportion Services Transportation S.rvices Admin. 5;13120041 :29 PM Approved By Diane Perryman Executi",. Secretary Date Transportion Service.s Transportation Services Admin. 5114120048:55 AM Approved By Pat Lehnhard Administrative Assisrant Oattt County Mar.ager's Office Office of Management & Budget 51141200410:13 AM Approved By Susan Usher Senior Mar.agementlSudget Analyst O.t. County Manager's Offic.e OfficI of Management & Budget 5114110044,40 PM Appro,.ed By Michael SrYlyko'tNskl Management & Budget Director Data County Manager's Office Ortice of Management & Budget 5/U12004 10,01 AM Approved By JanIe. V. Mudd County Manager Date Board of County County Man3ge""s Office 5;18120044:45 PM Commlssionnrs ,- Agenda Item No. 1682 May 25, 2004 30f21 .__..____ __....~..._,___._._^__,."H Bid 04-3655 CIC Landscape Beautification Master Plan Project Manager: Pam Lulich Notices Sent: 40 Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3 Due: April 27, 2004 Addendum #1 Arazoza Hannula Vila & Son N"<:t...- COON coO..... COLLIER COUNTY LANDSCAPE BEAUTIFICATION ...-NO MASTER PLAN LIVINGSTON ROAD Qu)"<:t ZN .-._----_. EiO' (IMMOKAlEE ROAD TO COLLIER COUNTY LINE) 2~ I. GENERAL PROJECT ITEMS ro -..-..-.........-..--- "'0 Item Description c Q) 0> 1 Payment and performance bond <( Unit Cost (LS) $15,900.00 ~J?~~?~: 00 $9,350.00 .----------.-.-.. Total Cost (1) $15,900.00 $12,875.00 $9,350.00 2 Maintenance of traffic .---....................-....... _. Unit Cost (LS) $21,450.00 $10,925.00 $21,000.00 _Total Cost liL. $21,450.00 $10,925.00 $21,000.00 3 As-built plans (Provide and maintain per contract documents) ____......._..h._._...... _ ................. ........ mh_ ..............._ ......._...._.__.._.._.. Unit Cost (LS) $1,000.00 $800.00 $1,000.00 Total Cost(1) $1,00_0.00 $800.00 $1,000.00 Subtotal Section I, Items 1-3 $38,350.00 $24,600.00 $31,350.00 II. SITE DEMOLITION, PREPARATION, MAINTENANCE AND DISPOSAL .. .. ._._.___.".._....._....m."'_ .hmmh.._...._...._.__.._.........__._._..... ......._..._h__ 1 Remove existinq soil and Bahia Grass to a 4" depth Unit Cost (CY) $18.27 $14.60 $23.80 -- - Total Cost(3,616) $66,064.32 $52,793.6Q_ $86,060.80 2 Rotor till existing soil within proposed plant bed areas to an 8" depth .__.... Unit Cost (SF) $0.13 $0.08 $0.07 ---. -_.__.. - Total Cost (111,875) $14,543.75 $8.950.00 _n__~?,~~L~~ 3 Locate existing~e~ving_ --.---.--- . -- ---- ---....-..--..--- Unit Cost (HR) $60.00 $89,00 $95.00 ,----'--""'---' .._._.m.......nm_....__........_...._.._.._......._.....__....._..__........_..__,......____ ...._..._._......._... mon._ ......mmmm......_._........................._........._.._..._.__ Total Cost(16) $960.00 $1,424.00 $1,520,00 Page 1 of 13 Bid 04-3655 C/C Landscape Beautification Master Plan Project Manager: Pam Lullch Notices Sent: 40 Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3 Due: April 27, 2004 Addendum #1 N"<:t..- Arazoza Hannula Vila & Son COON ....---_.. (CO_ li. SITE DEMOLITION, PREPARATION, MAINTENANCE ..-NO . Lri'LO AND DISPOSAL Con't ~N Item Description Eia' 2::E 4 Imported Soil ro "0 Unit Cost (CY) $32.00 $14.90 $31.30 c Q) Total Cost (1) C) $32.00 $14.90 $31.30 <( 5 Manual irriaation ._...........m....... . Unit Cost (Day) $250.00 $575.00 $225.00 Total Cost (1) $250.00 $575.00 $225.00 "._""._,'m',__ _ () Water Truck Unit Cost (Dav) $400.00 $660.00 $450.00 . .,.-.-..,... ... Total Cost (1) $400.00 $660.00 $450.00 - '7 Rock Removal ___........_m....._._. ___............................... ...._............_..........._Unil...9.Qst(T on) --. $150.00 $138.00 $150.00 . .................... .~. Total Cost( 1 ) - $150.00 $138.00 $150.00 i .......- Subtotal Section II, Items 1-7 $82,400.07 $64,555.50 I $96,268.35 -- III. PLANT MATERIALS I (Final specifications per plan plant schedule) --.-.-.-----.---.....----.....--.. ..........-..--... ...-.-...---..........................----- . .----............. (Plant unit prices to include planting soil mix backfill per specifications) TREES 1 BB-Bucida buceras 'ShadY Lady'-Shady Lady Black Olive Unit Cost (EA) $322.00 $277.00 $243.50 .__"I~..~LG.Q.~t.{1..?.Q) ........~~~&~Q.:Q.Q ...._..._.~;3...~!?..iO'..~.QQ. _.....$.?~,220.00 2 BK-Bauhinia blakeana-Hona Kana Orchid -_......-.._............~._._.._. U.nit Co~!J~~) _._.....___.._~J!l_?.5Q -- $158.00 $167,00 Total Cost (94) $18,095.00 $14852.00 $15.698.00 Page 2 of 13 I I. I. Bid 04-3655 C/C Landscape Beautification Master Plan Project Manager: Pam Lulich Notices Sent: 40 Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3 Due: April 27. 2004 Addendum #1 N-.:t..... COON Arazoza Hannula Vila & Son <00_ __~_'m ...-NO III. PLANT MATERIALS Can't ciLri'<O -. _m._ -, .-- --- ZN (Final specifications per plan plant schedule) .......- EfO Item Description .$~ _h.. -- co TREES Can't "'0 -........... n..~_ C 3 CS-Cassia surratensus-Yellow Cassia Q) Ol -_.. - <t: ......- Unit Cost (E~ .... $175.00 $158.00 $206,00 _mm Total Cost (112) $19,600.00 $17,69~:99 $23.072,00 4 IA-lIex attenuata 'East Palatka'-;',!3st Palatka Holly - .- --..... _. - Unit Cost (EA \ - $184.00 $164.00 $182.50 Total Cost (50) $9,200,00 $8,200.00 $9,125,00 5 KE-Koelreuteria elegans-Golden Rain -r:ree . ....... .. -. ".-. Unit Cost (EA) $184,00 $158.00 -.- $174.50 Total Cost (100) $18,499:.00 $15,800.00 $17,450.00 6 LL-Ligustrum lucidum- Tree Form Ligustrum _h__ .. -.... ---........ Unit Cost (EA) $287.50 ..-- $297.00 $174.50 Total Co~!(~O) $8,625.00 $8,910.00 $5,235.00 7 MG-Maanolia 'D.O. Blanchard'-O.O. Blanchard Maanolia --.... Unit Cost (EA) $239~90 $178.00 $166.00 ...- Total.g9~t (31) $7,130.00 $5,518.00 $5,146.00 8 QV-Quercus virginiana-Live Oak I .. ........... ....- ...... -- Unit Cost (EA) $517.50 $465.00 $444,00 Total Cost (106) $54,855.00 $49,290.00 $47,064.00 Page 3 of 13 I Bid 04-3655 C1C Landscape Beautification Master Plan Project Manager: Pam Lulich Notices Sent: 40 Livingston Road (Immokalee Road to Collier County line) Date Posted: March 26, 2004 Packages Received: 3 Due: April 27, 2004 Addendum #1 N-.:t...... COON Arazoza Hannula Vila & Son c.oo_ - ......NO III. PLANT MATERIALS Con't 0..01'-- ----. - _.. ZN (Final specifications per plan plant schedule) -_... E~ Item Description 2~ ro TREES Con't "0 c i ....- 0) 9 *QV-Quercus virainiana-live Oak 0> -." <t: - Unit Cost (EA) $194.00 $103.00 $94.50 --.- - Total Cost (10) _... $1,940.00 $1.030.00 $945.00 *Donated material to be supplied by Collier County. .. ,,',''<i. Contractor t~J~rovide cost for installation only .. ~._.. of 10, 65 gallon Live Oaks. _h._. .. ~o TA-Tabebuia pallida-Pink Tabebuia Tree '" -. Unit Cost (EA) $168.75 $148.00 $205.50 Total Cost (40) $6,750.00 $5,920.00 $8,220.00 PALMS .' - "11 RE-Rovstonia elata-Florida Royal Palm ....m -. -... Unit Cost (EA) $1,125.00 $E!.~3.00 $751.00 ..... Total Cost (30) $33, 7~0.00 $20,790.00 $22,530.0.9 12 SP-Sabal palmetto-Booted Cabb~ge Palm .-.... ... --..- Unit Cost (EA) $170.00 $113.00 $170.00 ... Total Cost (399) u__ $67,830.00 $45,087.00 $67.830.00 ..."-'- SHRUBS .-..... .. 13 BOU-Bougainvilla 'Helen Johnson'-Helen JohnsoQ.. Dwarf Bouaainvilla ..-.- I Ul]it Cost (E.A) $9.0.0 $9.~1 $8.70 Total Cost (1121) $10,089.00 $11,097,90 $9,752.70 Page 4 of 13 I ! I -- ! .........-----.-... Bid 04-3655 GlC Landscape Beautification Master Plan Project Manager: Pam Lulich Notices Sent: 40 Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3 Due: April 27, 2004 Addendum #1 N.q-..... COON Arazoza Hannula Vila & Son <00.... .....NO III. PLANT MATERIALS Con't . u) ex:> -- "h_h .....- ~N (Final specifications per plan plant schedule) .-.....- E~ Item Description 2~ ___. . m._ - -. co SHRUBS Con't "0 - C , Q) 14 IXN-Ixora spp. 'Nora Grant'-Nora Grant Ixora O'l ---- <( Unit Cost (EA) $6.75 $7.45 $7.55 - Total Cost(814) $5.494.?O $6,064.30 $6,145.70 ...-. 15 JAW-Jasminum simplicifolium-Wax Jasmi~e -- --._- ------ --- -- Unit yost (EA) $6.75 ~.7-95 $7.55 -. .m_. Total Cost (460) $~.1 05,00 $3,657.00 $3.473,00 16 JAS-Jasminum multiflorum-Downev Jasmine -..... - -...... Unit Cost (EA) - $6.75 $7.42 $7.55 _.... Total Cost (1284) ._____ $8,667.00 $9,527.28 $9,694.20 17 MUH-Muhlenbergj caQallariensis-Muhly Grass - - ......- ........ ..-...... Unit Cost (EA) m.._ $6.75 $7.42 - $8.00 Total Cost (1559) $10]523.25 $11,567.78 _~12,472.00 18 NER-Nerium oleander 'Dwarf Pink lce'-Dwrf Pink Ice Oleander ..... - Unit Cost (EA) $7.88 $7.90 - $8.00 --.. Total.Cost (606) $4,775.28 $4,787.40 $4,8~8.00 ~ PHI-Philodemon selloum-Split leaf Philoden~ron ---....- ..-..-. - Unit Cost (EA) $7.88 $7.40 $7.60 ..._h.... Total Cost(585) $4,609.80 $4,329.00 $4,446.00 Page 5 of 13 Bid 04-3655 C1C Landscape Beautification Master Plan Project Manager: Pam Lulich Notices Sent: 40 Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3 Due: April 27, 2004 Addendum #1 Arazoza Hannula N~""" Vila & Son mON -~.' COO- III. PLANT MATERIALS Can't ......NO ... .-- cilri'm (Final specifications per plan plant scheduleLn.. _._.._. ZN E~ Item Description 2~ GROUNDCOVERS ro "'0 20 IVN-lIex vomitoria nana 'schillinQs'-lIex Schillings c ~._....-.. Q) i 0) I Unit Cost (EA) $8.00 $8.92 $8.70 <( n. . Total Cost (3063) $24,504.00 $27,321.96 $26,648.10 --------.. 21 JUP-Juniperus chinensis 'Parsonii'-Parson's Junioer .,', Unit Cost (EA) $7.00 $7.45 $8.00 ._...._..___lotal Cost (2340) $16,380.00 $17,433.00 $18,720.00 22 RAP-Raohiolepis indica-Indian Hawthorn , .,' _ mO_____. Unit Cost (EA) $7.31 $8.42 $8.00 - Total Cost (3309) $24,188.79 $27,861.78 $26,472.00 ,~ MISCELlANEOUS . .. - i 23 SF-Stenotaphrum secundatum-St. Augustine Floratam Sod_...n....._...n_.n_.._ - Unit Cost (SF) $0.30 $0.27 $0.30 ....-- Total Cost (178875) $53,662.50 $48,296.25 $53,662.50 ..- 24 SF-Paspalum notatum-Bahia Sod .--.-----........... .......-.. ..._~_._---_. Unit Cost (SF) $0.18 $0.17 $0.17 ..... Total Cost (+/- 37000) $6,660.00 $6,290.00 ..~~!?90.0Q Subtotal Section III, Items 1-24 $457,474.12 $404,566.65 $434,159.20 .-. --.---.---- Subtotal Sections I-III $578,224,19 $493,722.15 $561,777.55 Page 6 of 13 I Bid 04-3655 ClC landscape Beautification Master Plan Project Manager: Pam lulich Notices Sent: 40 Livingston Road (Immokalee Road to Collier County Line) Dale Posted: March 26, 2004 Packages Received: 3 Due: April 27. 2004 Addendum #1 N-.;t...... Arazoza Hannula Vila & Son COON (00..... .-..--..---..-.-..... ---.........-----.------..--. ......NO IV. IRRIGATION MATERIALS . .0 _._--_. oLl)...... Item Description ZN .-------..--..---.--.---- --------- E~ 1 8- Irrioation well with Hoover .t!.~E~JQeJ?:.?~.Q'-~:.w'-~,-~Q.t!P-.----------------.----------- 1------------------ 2~ ..---------...-...... .....-......... ._...._._.m.._.._...._._._____.... submersible pump station with protective fiberQlass enclosure. ro '0 To be installed at system #2, 3, 4 includino concrete forms. c Q) ..-.--------.----_.- Ol To include electrical installation and electrical permitting fees <t:: -~-- Unit Cost (EA) $33,834.24 $19,300.00 $21,200.00 Total Cost (3) $101,502.72 $57,900.00 $63,600.0Q ...-..----.............-.. 2 Motorola Irrinet and Scorpio Controllers. ..---- _!!~C:!_ valve and wiring connections only. Unit Cost (EA) $234.00 $147.50 $250.00 ..... Total Cost {4J $936.00 $590.00 ..." $1,000.00 -.------... 3 Hunter MW F, Mini-weather_~~_~i21)_""'itbr?_i.I),~r'I_~_.l:Il)~J~~~.:z.:~_..~_~r'I~.9~..:_......__....__.._.._.... "_______._.... ___........__._m..._.... _.. ..... -.....-......-..-.---.-- --- Unit Cost (EA \ $176.33 $252.00 $195.00 - - Total Cost (4) $705.32 $1,008.00 $780.00 4 1120-1220 3" Class 200 PVC gasket main line, purple color. --------------..---...-----.- . Unit _Q..os.li.LF) --- $3.99 $4.50 $5.75 Total Cost (15500) $61,845,00 $69,750.00 $89,125.00 Page 7 of 13 I Bid 04-3655 C/C Landscape Beautification Master Plan Project Manager: Pam Lulich Notices Sent: 40 Livingston Road (Immokalee Road to Collier County line) Date Posted: March 26, 2004 Packages Received: 3 Due: April 27, 2004 Addendum #1 N-.:;t...... Arazoza Hannula Vila & Son mON u .._m_ - -------.-.-- (00_ IV. IRRIGATION MATERIALS Con't ......NO . -...... ...,.-~..........--_.__..._. .. OLO...... Item Description ZN - EfO 5 HOPE - Class 150 SDR11 Extra molecular str~_I'}9.th 6" irrigation sleeve/casing. 2~ Unit Cost (hE) $34.99 $26.40 $27.00 co "0 Total Cost (55) $1,924.45 $1,452.00 $1,485.00 c Q) Cl 6 HOPE - Class 150 SDR11 Extra molecular strenoth 4" irrioation sleeve/casino. <( .-.................-. Unit Cost (IF) $25.57 $15.50 $16.50 ).'t Total Cost (911) $23,294.27 $14,120.50 $15,031.50 7. HO~E - Class 150 SDR11 Extra molecular strength 2" irrigation sleeve/casing. - Unit Cost (IF) $16.15 $10.45 $11.25 .......-..-- Total Cost (214) $3,456.10 $2,236.30 $2,407.50 ; :9 Hit l-HHRP, Hand held receiver programmer. .......-...'.. Unit Cost (EA) ~?~3.43 $202.00 $260.00 Total Cost (1) $343.43 $202.00 $260.00 , 10 Hit l-RP, Zone valve/station loqic s~te!.11 programmable receiver. .- Unit Cost (EA) $98.77 $60.00 $65.00 Total Cost (135) $13}333.95 $8,100,00 $8,775.00 _u 11 AWG 10 Gauoe Solid copper insulated control wire suitable for direct __.~._.m _.__n . burial installation. -- Unit Cost elF) $0.50 $0.76 $0,65 . -..-..-.. m -- Total Cost (31500) $ !~!I?Q:.90 $23,940.00 $20,475.00 __m_u_ 12 Hit 182000, 5/8"~_?, Two-Wire System Grounding Rods & other __ hardware ~ecessary. Unit Cost CEA) $93.69 $165.00 $50.00 _--u- I I Total Cost (105) $9,837.45 $17,325.00 $5,250.00 I I ! i Page 8 of 13 I , , ( i I ! I , _______._____1 j .,..........H............._._.__. .. --.....--.........,.................. I i , Bid 04-3655 C/C landscape Beautification Master Plan Project Manager: Pam lulich Notices Sent: 40 Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3 Due: April 27, 2004 Addendum #1 N"<:t..... Arazoza Hannula Vila & Son (!JON (DO_ ---_.. ---.-..--.-.-..----.-.....-.-.-.-..--.-.-...-.- .....NO IV. IRRIGATION MATERIALS Con't ciLri'N Item Description ZN..... .-.- EfU 13 Irrigation Main Pressure-Check Point~.=._._.._.____m...._ 2~ Unit Cost (EA) $167.30 $163.00 $45,00 co -0 Total Cost (18) $3,011.40 $2,934.00 $810.00 c Q) .-.--- Ol 14 Irrigation Main Blow-Ofts. 3" & 2" valve. <( - Unit Cost (EA) $167.30 $368.00 $125,00 --..---.--..-.-----... Total Cost (8) $1,338.40 $2,944.00 $1,000.00 15 Nibco MJ619-RW-SON, 619 Series 3" Irrigation epoxy coated isolation valve ---_. Unit Cost (EA) $307.34 $485.00 $360.00 ---...-.-.--.-..-- ______!Qtal Cost(!...~J -- $5,532.12 $8,730.00 $6,480.00 16 L R Nelson 7644, 1" Irrigation quick coupling vaIY.E!=___ -- -.............................-..........--.-- Unit Cost (EA) $113.70 $189.00 $95.00 Total Cost (54) $6,139.80 $10,206.00 $5,130.00 17 2, green color reflective pavement markers at top of curb at each quick coupling location -. Unit Cost (EA) $40.00 $8.85 $8,30 Total Cost (108) $4,320.00 $955.80 $896.40 .-.-..-.......--..-....-....-- 18 LR Nelson 7641 Irrigation quick coupling valve key with corresponding swivel ell. .. 1--- , $107.56 $62.00 $35.00 ..._--_........................-.-..-.._------_.- Unit Costlst-J .h_________.... ...________ ......_.m.m....__....... Total Cost (13) $1,398.28 $806.00 $455,00 Page 9 of 13 Bid 04-3655 C1C Landscape Beautification Master Plan Project Manager: Pam Lulich Notices Sent: 40 Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3 Due: April 27, 2004 Addendum #1 N-.:t~ Arazoza Hannula Vila & Son COON (00- .- _.. - .- ~NO IV. IRRIGATION MATERIALS Can't Qui('/') _,_no" ........ ZN~ Item Description EfO 19 Taro 220-27-X-5, 220 Series, brass 1.25" Electric solenoid valve with 2~ l ,m'_,_ EZ Rea oressure r~ulator, and Red White 206 Series 1.25.~_ ro -0 ---.........-.. c isolation valve at inlet. Q) C> ..-..- <( Unit Cost (EA) $261.40 __~~~8.00 $330.00 ....... Total Co~t(135) $35,289.00 $48,330.00 $44,550.00 20 Taro XP300-12P-XXX-XX, XP-300 Series.J~" High Pop-up _ m__.._ .""~ multi-stream rotor head. "'- Unit Cost (EA) --.- .~-'.-' $154.45 $87.00 $75.00 _._- ,,' Total Cost(181): $27,955.45 $15,~4.!.00 $13,575.00 .- 21. Toro 34XX-12P-XX, 340 Series 12" High'POD-UO multi-stream rotor head. - . . .. ..-...--~ Unit Cost (EA) $51,30 $92.00 $75.00 ,_.._._....~ .. I Total Cost (20Q) $10,260.00 $18,400.00 $15,000.00 .. -, 22-- Toro 570Z-12P-SI-PRX, 570Z XF Series 12" High Pop-up Spray Head with XF X-Flow shut-off device. . .-. f--._- - Unit Cos.tti::A) $34.82 $42.00 $42.00 ...uh ....... Total Cost (757) $26,358.74 $31,794.00 $31,794.0_Q 23 Toro 57Q?-6_P-SI-PRX, 570Z XF Series 6" High POQ-uo Sorav Head ___m_.." with XF X-Flow shut-off device. - -........ .. ___n __n_"__ - Unit Cost (EA) $34.82 $36.85 $36.50 Total Cost (819) $28,517.58 $30.180.15 $29,893.50 ! ! i I I I Page 10 of 13 I I I I I I I ! nO- I Bid 04-3655 ClC Landscape Beautification Master Plan Project Manager. Pam Lulich Notices Sent: 40 Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3 Due: April 27, 2004 Addendum #1 N'<t...... Arazoza Hannula Vila & Son COON --.---....-.-.... .. <00_ IV. IRRIGATION MATERIALS Con't ......NO _..____..__.... ........__.._~_....._m_. ...-....-.....-.-.---.-..--.--. oLri'<t Item Description ZN...... ----_.. E~ 24 T ora FB-PC series bubblers for designated trees/oalms, (1) bubbler per tree. 2~ Unit CostJEA) $51.30 $32.00 $38.00 ro - "'0 Total CosU675) $34,627.50 $21,600,00 $25,650.00 c Q) en 25 Install controller adapter -< --...................-...-...-.--.- Unit Cost {'=-~) ______~J-t?67 .4~ $155.00 $850.00 Total Cost (1) $2,567.42 $155.00 $850.00 Subt<?!~'--~~_~!!!?n IV, Items 1-25 $420,244.38 $389,405.75 $384,272.90 Total Base Bid, Sections I-IV $998,468.57 $883,127.90 $946,050.45 .. ------- .--...........- Page 11 of 13 Bid 04-3655 CIC Landscape Beautification Master Plan Project Manager: Pam Lullch Notices Sent: 40 Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3 Due: April 27. 2004 Addendum #1 N'<tT""" Arazoza Hannula Vila & Son alON (00_ .-... T"""NO V. BID ALTERNATES . -10 -----.-...........---....--... ~........_......._......... ..............---.. ........-----...-...--.--..---.--.- OIOT""" Alt# Description ZN Grade 'A' Eucalyptus mulch (Fluffed 4"_.Q~,,-~bL E~ 1 2~ Unit Cost (CY) $45.00 $52.30 $52.40 ('0 "0 Total Cost (1386) $62,370.00 $72,487.80 $72,626.40 c Q) C) 2 Melaluca mulch (Fluffed 4" Depth) <( . ......-.........-............. .......-.....-............-..........-..-...-- .- Unit Cost (CY) $30.00 $31.00 $33,70 To~al Cost (1386) $41,580.00 $42,966.00 $46,708.20 3 Pine Straw Mulch (Fluffed 4" Depth) - Unit Cost (Bales) $7.50 $6.30 $6.35 .-- Total Cost (2980) $22,350.00 $18,774.00 $18,923.00 ~ 3........ Removal of Rock ,-- Unit Cost (CY) $150.00 $138.00 $200.00 ..........-.......-. .-. Total Cost (1) $150.00 $138.00 $200.00 4_ Install Bio-barrier, 4407-006, 19.5" root barrier adiacent to sidewalk per specifications ! I - -- I Unit Cost (IF) $6.00 $5.90 $5.50 .~......._. Total Cost (3080l $18,480.00 $18,172.00 $16,940,00 5 Hoover HCF-7.5D-A, W, N, 7.5 HP Booster pump stations by Hoover Pumoina Systems -------.-. --..--- Unit Cost (EA) $11,771.11 $10,900.00 $11,200.00 _. Total Cost (1) $11.771.11 $10,900.00 $11,200.00 I , I Page 12 of 13 i i i \ { Bid 04-3655 C/C Landscape Beautification Master Plan Project Manager. Pam Lulich Notices Sent: 40 Livingston Road (Immokalee Road to Collier County Line) Date Posted: March 26, 2004 Packages Received: 3 Due: April 27, 2004 Addendum #1 N'V"- Arazoza Hannula Vila & Son (()ON coo.... ..-..-.................... ..-NO V. BID ALTERNATES Can't oLri'co ---.--..............---. - ..--...- Alt# Description ZN"- .- -.... E~ 6 General South Florida Water ManaQement District well permiWnQ 2:2: . ..---..........-..-.-.-..--.-- Unit Cost (LS) $2,000.00 $2,750.00 $2,875.00 co "'0 Total Cost (1) $2,000.00 c $2,750~Q.Q $2.875,00 Q.) 0'1 7 1.I.:'~iyi~!Jal South Florida Water ManaQement District well permitting <( ~---' .. Unit Cost (LS) --- $12,000.00 $5,300.00 $12.500.00 Total Cost (1) $12,000.09_ ___.._._~5,300.00 $12,500.00 Total Section V, Alternates 1.7 $170,701.11 $171,487.80 $181,972,60 - u_.____ MATERIAL MANUFACTURERS Y Y Y - . LIST 'OF SUBCONTRACTORS Y Y Y ._------------ STATEMENT OF EXPERIENCE OF BIDDER Y Y Y --- ._..___.____........... on ...----".-...-.- TRENCH SAFETY ACT y Y Y .. . CONFLICT OF INTEREST Y Y Y BID BOND Y Y Y . . Addenda Acknowledged_..(Yl~ Y Y Y ---.......... .................- ..-.--. Agent: Lyn Wood ----. Witness: Sue Hebbe _.~--_.........._.............._... .-...................._- -_. ......----..-- . Page 13 of 13 .._...... I, t .' I ~ t f. . , . ; . . $12,931.Ij 1 ! $0.00 ! "-y,..~ < $J2,931.JS I ~""" .._....._....___~ _.wt ~- - ~-,-~- , " T - -' -,,-'-' --.--.'; \ I DUEDATE . 1 PROJECT \ . I' ...J . ~~.. .~.~. ..<~,,- "(..-- .,-'~ ! t ~412004 1 1- ITEM "'l .<< . 'DEsCRIPTION ! r'--~;mpton u (~ec toC~ tine) ~iJet" i lmuA I~Ac2W_(-''''MFh)~IIOJ I 1,435.94 4.3(YU2 i 1V314AE lSCORfllOAClIOEXrANSlONKtT 2'Z.'i.OO " 675.00 It 58-24SS .24- SS ~'. i 1.446.20 . 4.338.60 1 rED-24SS 124" W-12"H-IO"D STAlNl.ESS STEEl. fED l 048.44 ; t'i41.44 i ; NM04000 !1..ow 'P'rofik Ul-W4S0-410 MH~3db Mobile Antet'l1\l. wI i 1\ 1.38 1 11 t.38 I \ I Cable and (;omla:I.on ! i I MLM-AC' I MOTOttOLA AC SwtTCHABLE OUTI'\JT 11 245,00 I 1,470.00 i I pR.0TEC110N . '! j; \ ' ; I j I ' I ! I I . I' : r ' I I 1 ,! I · ' I I ' : : l · ' I ' i' Ii' j I \ , !' \ I ,: 1 i! .. t Ii' . t I I! '. I '; ..,_,__._,~ -, ".-,-',." ',r ,...."..-,' j lNSTALU\TJO'N IS NOT INCUlDEO. ' 1 .' \ ; $11.55U4 1 '---.....__;~_..._ ' " _ ..__... ..__... ...L.-......, ,-.--........'- '.. '.---- ...."........; , ' I' I .00 .,.--..,..-. . --, -.--'-' "--j ! t \ TOTAL $11,S51.24 i 1.-"'_" ............._~ .,.._._.' _A'____~.' AuthorlzM Agenda It'im No. 1682 MOTOROI.A May 2158 ~?gt SlUes 6' Snvke . ,I' ' -. -- " ~~! : . , ''';',,*.' -- ~...,> ....,~."..-~-~,"_... " ~"",._-,"-",.,,,~., , COLLIER COUNIY PUBLIC UTILITIES DMSION 3301 E. Tamiami Trail · Naples, Florida 34112 · (259) 732-2575 · FAX (239) 732-2526 April 22, 2004 Collier County Transportation Operations Department 2700 Horseshoe Drive South Naples, FL 34104 Subject: Livingston Road, Phase IV (Immokalee to County Line) Effluent Irrigation Meter Sizing To Whom It May Concern: Our office has reviewed the revised preliminary eftluent irrigation meter sizing information for the above-referenced address. Based on the information that you supplied to our office, the requested two-inch (2.0) effluent irrigation meter meets our minimum requirement and is therefore acceptable. This does not consider any continuous load demand. Since our review is for the minimum size requirement, the engineer should consider all relevant factors before approving the final meter SIze. You should apply for the meter with the Public Utilities Customer Service Department located at 2685 S. Horseshoe Drive. An effluent meter tapping fee of $851 will be charged. Tfyon have any further questions or concerns regarding the information contained in this letter or in the attachments, please feel free to contact me at (239) 732-2575. Si~ ~ . . Barbara A. Olko Administration Assistant C: Pam Libby, Water Distribution Heather Sweet, Utility Billing and Customer Service Wes Hill, Engineering Services Agenda Item No. 1682 May 25, 2004 ~.. 20 of 21 c:;. <> ( . ( "I' ; " " c:;. 0 u ., to Y --,.".--........ - - -.' . -. -. .... - . . -~-----_..._--"..~''''~-~~. ,...",,-" ~ .,..,.. ,., "......' ,."'.,,"~ ,~....- ..., ,",~,w'~"._"H'.'^""~_' EXECUTIVE SUMMARY Adopt a resolution authorizing the acquisition of property by gift or purchase for the purpose of assembling land to facilitate improvements to canals and properties in the East Naples area specifically located within the Lely Area Stormwater Improvement Project. Fiscal Impact: $387,000. OBJECTIVE: To approve a Resolution authorizing the acquisition of real property interests by donation or purchase, in fee simple or easement, to enable County staff and contractors to make various improvements to the stormwater management system within the East Naples area. CONSIDERATIONS: In February of 1992, the Board of County Commissioners accepted a progress report outlining proposed capital improvements in the Lely Canal and Lely Manor Basins. These improvements are critical to both create and improve the treatment and control of stormwater within the continually developing East Naples area. Although, the acquisition of parcels has been occurring over the past decade at an intermittent pace, the problematic flooding in that area has created a more urgent need for remediation by facilitating the construction and maintenance of both retention and detention sites. The land incorporated within the Lely Area Stormwater Improvement project is an area that includes a mix of residential, commercial and -, light industrial use properties. Some areas are fully developed while other areas have experienced limited or no development. The parcels acquired to date have been donations and purchases by willing sellers/grantors. A number of property owners in thc East Naples area have expressed an intcrcst in cithcr granting or selling an easement or their entire parcel to the County for this Stormwater project. Therefore, staff is recommending that the Board approve a Resolution to authorize the acquisition of land by donation or purchase within the Lely Area Stormwater Improvement Project boundaries as depicted in Exhibit "A." The resolution delegates certain authorities to the Commission Chairman, and provides some blanket authorizations to staff to expedite the acquisition process and eliminate duplicative tasks and reduce the need to revisit the Board with consent agenda items requesting ministerial approvals. FISCAL IMPACT: The fiscal impact of the project is not anticipated to exceed $387,000 inclusive of acquisition, closing, recording and other fees necessary in order to acquire property. Funds are available in County-Wide Capital Improvement Fund (301) under the Lely Area Stormwater Improvement Project (51101). Source of funds is Ad Valorem taxes. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: Staff rccommcnds that the Board of County Commissioners: -- 1) Adopt the attached Resolution authorizing the acquisition of land by donation or purchase and authorize the Chairman to execute same on behalf of the Board. Agenda Item No. 1683 May 25, 2004 1 of 12 Executive Summary- Gift and Purchase Resolution-LASIP Page 2 of 2 -". 2) Accept the Warranty Deeds, Easements and Agreements for the acquired parcels; 3) Authorize staff to close the transactions and to record the documents in the public records; and 4) Approve any budget amendments necessary to implement the collective will of the Board. .- - Agenda Item No. 1683 May 25, 2004 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 1683 ",- Item Summary Adopt a ResciliJtjon tJ.rthonzi!'lg the acqllislt~on of property by gift or p;JrchasU' for the purpo$O of asscmblipg land to facilitate irnpro'.'urmmts. to cunals and properties In the Easi Naples area spedfk:ally located within the Lely Area Stormwater Improvement Project. Fiscal Impact: $387,000. Meeting Date 5;:15/20049:00:(') AM Inpal"ftl By Jennifer Hopn Brack; Senior Property Acquisitio,.. Specialist TransportlO11 5ef'Vlcel TEeM.ROW Approved By Kevin Hendricks Righi Of Way Acquisition Manager Date Tmnspor1ion Services TranspoNtlon Ensineerlng and 4/2812004 5:09 PM Construction Appro,'ed By Gregg R. Stmknluse Transportation Englneerinw D.~ Construction Mgmt Dl~.;.tor Transportlon Services Transportation Engine.ring and 4i2812004 8:05 PM Construction Approved By Peter Hayden Project Manager Date Tro1ln5portlon Servlee$ ROi!ld Maintenance 4i29/2004 4:11 PM Approved By John Vliet Roads Maintenance Superintendant Date Transportion Services Road Maintenanc.e 4/29120048:21 AM Approved By Gloria H,,"era Mal"agementlBudget Analy$t Date Trnnsportiol" Services Transportation Operalions 5112/20044:00 PM ""-.' Approved By Sharon Newman Accounting Supervisor Date TnlOsportion Services Transportation AdminiMtration 5112120043:34 PM Approved By Norm E. Feder, A1CP Transportation Oivi~lon Administrator Date Transportion Sen.dce. Transportation Services Admin. 5113120041:32 PM Appro.'ed By Diane Perryman Executive Secr.tary Oa.. Transportio!l Services Transportation Services Admin. 5114/2004 a:53 AM Approved By Pat Lchr'lhJlrd Administrativ. Assi$lant Date County Manager'$ Office Office of Management & Budget 51141200410:16 AM Approved By Susan Usher Senior ManagementiBudge' Analyst Date County Manager's Office Offic:e of Management & Budget 5115120049:22 AM Approved By Mlch.el Smykowskl Management & Budget Director Date County Manage", Office Office of Management & Budget 5117/20949:50 AM Appreved By J..mes V. Mudd County Manager Date Board of County Commissioners County Managers Office 5117/20046:58 PM .~ Agenda Item No. 1663 May 25. 2004 3 of 12 -. .~-_.._..,~"--,,.. -.-~-~-~_..-.-~.,." . . _._~____n_"~.._._'._'._'__ RESOLUTION NO. 2004- - _ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION OF PROPERTY BY GIFT OR PURCHASE IN FEE SIMPLE OR EASEMENT FOR THE PURPOSE OF ASSEMBLING LAND TO FACILITATE ~ROVEMENTS TO CANALS AND PROPERTIES IN THE EAST NAPLES AREA, SPECIFICALLY LOCATED WITlllN THE LELY AREA STORMWATER IMPROVEMENT PROJECT. WHEREAS, on February 4, 1992, the Board of County Commissioners accepted a progrcss report outlining proposed capital improvcments in the Lcly Canal and Lcly Manor Basins; and WHEREAS, the Board of County Commissioners requested staff to prepare approximate cost estimates for easements along with a Resolution to acquire the easements by gift or purchase; and WHEREAS, the proposed improvements are in accordance with the commitments approved by the Department of Community Affairs in the Drainage / Water Management Sub-clement and the Capital Improvcment Element of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners recognizes that the expeditious acquisition of the required easements is of paramount importance to completing the Project on schedule, and attaining infrastructure goals in accordance with the Capital Improvement Element of the County's Growth Management Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The acquisition of land and easements required for the installation and construction of water management capital improvements within the boundaries of the Lely Area Stormwater Improvement Project, specifically benefiting the East Naples area as identified in Exhibit "A", attached hereto and incorporated herein, is necessary and in the best interests of the citizens of Collier County, Florida. 2. The acquisition of land and easements required for the installation and construction of the facilities necessary to complete each Phase will be determined once construction plans are submitted and approved by the project engineers for the Lely Area Storm water Improvement Project. 3. In those instances where property owners agree to donate or sell the required land and/or easements to the County, and upon the proper execution by the property owner of those deeds and/or easements and such other legal documents as the Office of County Attomcy may rcquirc, the Board of County Commissioncrs hcreby authorizes its Agenda Item No. 1683 May 25, 2004 4 of 12 - Chairman to execute Donation Agreements and Purchase Agreements on behalf of the Board, as well as any other documents pertinent to such land and/or easement acquisition which have been approved by the Office of the County Attorney. 4. The Board hereby directs staff to use independent appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost-effective manner. 5. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a property where the purchase price of the parcel (the compensation due to the property owner) is less than One Hundred Thousand and 001100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 6. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Transportation Division staff is hereby directed to offer immediate delivery to the respective property owners of compensation (as established by ..- the appraisal or staff compensation estimates in accordance with the provisions of Section 125.355, Florida Statutes), in return for the immediate and proper execution of the respective easements, or other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required. 7. In those instances where negotiated settlements may be obtained via the "Donation Agreement," "Purchase Agreement" or "Easement Agreement" mechanism, the Administrator of the Transportation Division, or any Project Manager of his designation, is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than Twenty-Five Thousand and 00/100 Dollars ($25,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provided, Project funding is available. 8. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. - 9. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required land rights to Agenda Item No. 1683 May 25, 2004 5 of 12 "'__k_,"___~_,~,~,__""",_~,____"_____,~"n_"_"_..__"..."._._ --_.,'~ _'M'........,__..,,_~.__ ~"--_.... --'-'-~" the County at its appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 10. Where the property owner agrees, through the execution of a "Purchase Agreement" or "Easement Agreement," to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements or such other legal docum~nts as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 11. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, deeds, easements or other instruments as may be required to remove the lien of any encumbrance from the acquired properties. THIS RESOLUTION ADOPTED on this _ day of ,2004, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney Agenda Item No. 1683 May 25, 2004 6 of 12 LELY AREA STORNnNATERIMPROVEMENT PROJECT .-...... RADIO RD ;e i! ~ ~ ! :a ~ 'tl 0 lD ;Q ,... "'4 ~ 'tl c: DA VIS SL ,... ,. .,,-., - ,....- ~ G') ;Q c en '0 +-+ c: ;e ~ ,...,.J-__-.:~....,.- lD . . ~ ,~ \, "';...,a.... '';.'':-'''''- ;0 ., I C \ i \ I - g " ..... ."".'" ll:I Q: t ~ THOMASSON DR RA rrL' SNAKE HAMMOCK RD 5 I d legend ...-- Phase I Phase II Phase III --- Phase IV C--' .-......- Phase V t X-- Phase VI i'~-"""'-' ",j -+-+ Phase VII J ",'~~.'~.JO.". 'c....._1I I::J Project Boundary . I . . ~\ _. . PREPARED BY: Collier County I r,.napormtlon Services DIvt.lon 0 0.5 1 ROIId Ml/nte""nce Department Ii I , I _. Stormw.ter Mlnagement Section ~_.__... ..--,,-~ '" '. _.~- ..- -,~~, . -~'-..P-'-- Lely Area Stormwater Improvement Project (LASIP) Collier County, Florida The proposed Lely Area Stormwater Improvement Project consists of improvements to an existing drainage systcm for an 11,IOO:t acre East Naples area, which formed the major portions of the former Water Management District No.6 area. The LASlP area project is generally boundcd on the north by Rattlesnake-Hammock Road, on the east by C.R. 951, on the west by an existing FP&L easement located approximately a mile and a half west and parallel to Airport- Pulling Road and along the south by wetlands associated with Naples Bay and Rookery Bay. The project area currently has two (2) outfall systems consisting of the Lely Main Canal and a system of farm ditches and dikes associated with portions of the easterly half of the project, which drains the Lely Manor area. The projcct area is therefore divided into two (2) basins. The westerly most basin is known as the Lely Canal Basin and the easterly most basin is known as the Lely Manor Basin. Although the project has some water managcmcnt improvement, it generally suffers from the lack of a comprehensive outfall system and design. Land use within the Basin consists of a combination of modem developments that have improved watcr management systems consistent with current design requirements and best management practices as well as older existing neighborhoods that were developed before watcr management systems were required. The latter areas provide little if any water quality improvements for stormwatcr runoff. The purpose of the projcct is to lowcr the flood elevations and to reduce the duration of peak stages while providing as much water quality improvement and groundwater recharge as possible. Careful design of the project has avoided wetland impacts where possible and Agenda Item No. 1683 EX~~ Page :? of 3 -- .-- I I ,.- minimized unavoidable wetland impacts to the maximum extent practicable, while still meeting the overall project purpose. The following are the proposed construction activities to take place: . Widen and deepen existing canals. . Construct new channels. . Construct new control structures. . Improve several existing control structures. . Install new flood control gates. . Construct spreader lakes and berms at outfalls. . Construct a pump station to rehydrate existing wetlands. The project is currently being reviewed by the South Florida Water Management District for an ,..,--- Environmental Resource Permit (ERP), and the U.S. Army Corps of Engineers for dredge and fill permit approval. The estimated construction costs are approximately $39,000,000. ..- A~~* g~ Be Mdy 2~ 9 of 12 . __.___,_u,._._._._~_,___,_,_..m._ ----,--"-,,""- ._-~_..,-,.,.__..-,--._~'_'_" .-._~--,.. ,,,._~,,-,,-- ___._.,.m ~_~.___. ._-~ LEL Y AREA STORMW A TER IMPROVEMENT PROJECT RADIO RD :z: ~ ~ ~ > ~ :0 ~ 'b 0 lD ~ ,.. ""1 ~ 'b c: DA VIS BL ,.. '," ""-~'- - ~ C) ~ l:l Cil 0 +-+- c: :z: :;! ......_'-',-;~.~;- ~ \ , ........- t-~._ .:0 0 ~ i ....I III Q: t ~ THOMASSON DR RA TTL' SNAKE HAMMOCK RD 5 01 Legend ---- Phase I I Phase II Phase III - '. Phase IV C,-, ~_..' Phase V . X-- Phase VI . , i +-+ Phase VII l'~-'~'-' -' I ' I::J r:roject Boundary f.'#-'--'''~~'''''''''''- ,~",,'J t , I + PREPARED BY: Collier CQunty I! r,.nspOltatlon Services Division ., 0 D.5 1 Road Maintenance Department I II I I I ..... Stonnw.ter tMnegement Section I Lely Area Stormwater Improvement Project (LASIP) Collier County, Florida The proposed Lely Area Stormwater Improvement Project consists of improvements to an existing drainage systcm for an 11,lOO:t acre East Naples area, which formed the major portions of the former Water Management District No.6 area. The LASIP area project is generally bounded on the north by Rattlesnake-Hammock Road, on the east by C.R. 951, on the west by an existing FP&L easement located approximately a mile and a half west and parallel to Airport- Pulling Road and along the south by wetlands associated with Naples Bay and Rookery Bay. The project area currently has two (2) outfall systems consisting of the Lely Main Canal and a system of farm ditches and dikes associated with portions of the easterly half of the project, which drains the Lely Manor area. The projcct area is therefore divided into two (2) basins. The -. westerly most basin is known as the Lely Canal Basin and the easterly most basin is known as the Lely Manor Basin. Although the project has some water management improvement, it generally suffers from the lack of a comprehensive outfall system and design. Land use within the Basin consists of a combination of modern developments that have improved water management systems consistent with current design requirements and best management practices as well as older existing neighborhoods that were developed before water management systems were required. The latter areas provide little if any water quality improvements for stormwater runoff. The purpose of the project is to lowcr thc flood elevations and to reduce the duration of peak stages while providing as much water quality improvement and groundwater recharge as -- possible. Careful design of the project has avoided wetland impacts where possible and Agenda Item No. 1683 EX~~ Page 7- of 3 -...- , .~"._,>--,-~----_. _. _"_,~~~_......~____.",,_<...,,.,._ ""_..._"w..".._.........--.......__,__... ~"_".'_'W' minimized unavoidable wetland impacts to the maximum extent practicable, while still meeting the overall project purpose. The following are the proposed construction activities to take place: . Widen and deepen existing canals. . Construct new channels. . Construct new control structures. . Improve several existing control structures. . Install new flood control gates. . Construct spreader lakes and berms at outfalIs. . Construct a pump station to rehydrate existing wetlands. The project is currently being reviewed by the South Florida Water Management District for an Environmental Resource Permit (ERP), and the U.S. Army Corps of Engineers for dredge and fill permit approval. The estimated construction costs are approximately $39,000,000. A9eQ~-*= 12 of 12 ,......-. EXECUTIVE SUMMARY Approve the purchase of 5.109 acres of land required for a Perpetual Non-Exclusive, Road Right-of-Way, Drainage and Utility Easement, a Drainage Easement and a 4.5-acre stormwater retention and treatment pond for the Santa Barbara Boulevard Expansion Project, No. 62081. (Fiscal impact: $672,105.00.) OBJECTIVE: Obtain the Board of County Commissioners' approval to purchase land for a Perpetual Non-exclusive Road Right-of-Way Drainage and Utility Easement, a Drainage Easement and a 4.5-acre stormwater retention and treatment pond required for the Santa Barbara Boulevard Expansion Project. CONSIDERATIONS: On October 22, 2002, the Board of County Commissioners approved Resolution No. 2002-442 authorizing the acquisition by gift or purchase of right-of-way and stormwater retention and treatment pond sites which will be required for the construction of roadway, drainage and utility improvements to Santa Barbara Boulevard (Project No. 62081) from Davis Boulevard to Pine Ridge Road. At the Santa Barbara/Logan Boulevard Workshop on April 16, 2003 the Board of County Commissioners directed staff to make variations to the original plans for the 6 laning of Santa Barbara. The 60% plans that incorporate those changes were completed January 2004 and show that the need for the stormwater retention ponds required for the improvements did not change. .-- Because the properties selected for stormwater retention ponds are currently unimproved, it has been our goal to purchase these properties before building permits are sought by their owner. Both sides agreed to negotiate the purchase of the easements along with the purchase of the two parcels for the stormwater retention pond. With that in mind, the Transportation Engineering and Construction Management Department has diligently negotiated with the property owner of these parcels since February 2003. The property owner of the subject parcel and his attorney has been working with the County in order to reach an agreement that is favorable to both sides. In this instance, the property owner, Donahue B. Silvis, is the owner of three parcels affected by this project. Two of Mr. Silvis's parcels are required for a stormwater retention pond and two portions of the third, improved parcel are required for a Perpetual Non-exclusive Road Right-of- Way Drainage and Utility Easement, and a Drainage Easement. All three parcels are located on a canal and the two vacant lots have been cleared of exotic vegetation. Some fill has been added to the vacant parcels and Mr. Silvis provided continuous maintenance. The costs of all factors were considered in negotiated settlement. The latest appraisal performed on this property for the County was dated February 2003 and valued the property at $85,000.00 per acre. Market data suggested that Estates properties are in general increasing in value at approximately 24% per year. The appraiser hired by the property owners submitted an appraisal report that concluded a value for the property of $120,000.00 per acre as of December 4,2003 and contained a study which supported higher rates of appreciation. Taking into consideration all reliable market data and considering the costs of having to condemn the parcels, staff has negotiated a settlement for full and fair compensation with Donahue Silvis in ,- the total amount of $668,605.00 for the purchase of 5.109 acres described in the attached Exhibit A and for all other damages and expenses, including attorney's fees and costs and expert witness Agenda Item No. 16B4 May 25, 2004 1 of 13 ....._...~.~..."_'......,.<,,_.O'.._ ~,."'~, fees and costs in connection with the conveyance of said property. The settlement amount also includes $10,000.00 to compensate the property owner for improvements located within the Road Right-of-Way Drainage and Utility Easement and on one of the vacant lots. The negotiated settlement amount represents an approximate unit value of $115,000.00 per acre. (The original settlement amount of $677,000.00 was adjusted down $8,395.00 for a modification made to the Drainage Easement that resulted in County needing .073 acres less than originally thought.) FISCAL IMPACT: Funds in the amount of $672,105.00 will come from the Transportation Supported Gas Tax Fund and Impact Fee Funds. (Total Amount includes the $668,605.00 purchase price and $3,500.00 for the approximate cost of title insurance and recording fees.) Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the attached Purchase Agreement; 2. Authorize its Chairman to execute same on behalf of the Board; 3. Authorize the payment of all costs and expenses necessary to close the transaction; 4. Accept the conveyance of the property via Warranty Deed and authorize staff to record same in the public records of Collier County, Florida; and 5. Approve any and all budget amendments required. ,- ,,-" Agenda Item No. 1684 May 25, 2004 2 of 13 COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS Item Number 16B4 ,.............. Item Summary Appro\l9 tt:e purchase of 5.1 09 acrus of lCind requifed for a Perput\;ul Non~ Excl"slve, Road Rigbl-<lf-Wuy, Drainage 8"d Uti,:ty Easement a 0'8il18go Easement and a 4 .5--<lcre stormwater retention and truatment pond for the Santa Barbara Boulevard Expansion Project, No. 62081. (Fisc.a! impact: $672,105,00,) Meeting Oate 5125120049:00:00 AM Pftpared By Debbie A.rmstrong Property Acquisition Specialist Transportion Services TECM,ROW Approved By Ellen T. Chadwell Assistant County Attorney Date COlJnty Man.gcr"s Offico Countv Attorney Office 5112/200412:08 PM Approved By Trlnsportltion EngineeringJ Date Gr.;; R. Strakaluse Construction Mgmt Director Transpot4'.ation Engineering and 5>'12/200410:06 AM Trllnsportlon Services Construction Approved By lIsa Taylor Ma"agr.ment,.'Sudget Analyst O.te Trnnsportion Services Tnnsponation Administrntion 5/12120041:50 PM Approved By Sharon Net<<n1afl Accounting Supervisor Date Tf1Insportioo Services Tran!fpo~.atiofl Adminiatralion 5112120044:41 PM Approved By Tad PIUl: Project Manager Date Transportation EnglnHrlnijl and Trdn!sportlon Services Construction 511212004 10:26 AM ",'''- Approved By K....in Hendricks Right Of WilY Acquilitlot, M3Inager Data TransportatiOn. EngIneering and Transportion Services Construction 511212004 11 :32 AM Approved By Horm E. feder. AICP Transportation Oiyislon Administt3tor Date Transportion Sr.rvicas Transportation Services Admin. 5/13/20041:39 PM Approved By Diane Perrym3ln Executive Secretary Date Transportion SeNiees Transportation Services Admin_ 5/14120041:55 PM Approved By Pat Lehnhard Admlnlstratlv. Assistant Date County Manager's Office Office of Management & Budget 5114120042:09 PM Approved By Susan Usher Senior Manegeme"tlBudget Analyst Oate County Manager's Offiee Office of Management & Budget 511412004 5:09 PM Approved By Michael Smyko'Nski Management & Budget Director Date County Manager". Office Office or Management & Budget 511712004 10:40 AM Approved By James V. Mudd County Manager Date Board or County County Manager. Office Commissioners 5i1812004 4:46 PM _. Agenda Item No, 1684 May 25, 2004 30t 13 , --,~ --_.~'"-,_.- _..<~.~". ., ".",~~-..- ........,-".----_."_..,--, .....,-.~._.,--- PROJECT: 62081 PARCEL NOs: 175,812,813 and 814 FOLIO NOs: 29800000058 29800000100 29800000155 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this _ day of . 2004, by and between DONAHUE B. SILVIS (hereinafter referred to as .Owner"), whose address is 3770 25th Avenue S.W., Naples, FL 34117-7128 and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as " Purchaser"); WHEREAS, Purchaser requires a fee estate in lands described as: Lots 2 and 3, Dekker Estates, in accordance with and subject to the plat recorded in Plat Book 24, Pages 40 and 41, of the Public Records of Collier County, Florida (Parcels 813 and 814 respectively); and Purchaser requires a perpetual, non-exclusive Road Right-of-Way, Drainage and Utility Easement and a Drainage Easement (Parcels 175 and 812 respectively) over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter collectively referred to as the .Property"). WHEREAS, Owner desires to convey the Property to Purchaser for the stated pt:trposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $677,000.00 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as may be provided for in Chapter 73, Florida Statutes. The Owner hereby authorizes Purchaser to make payment in the amount of $677,000.00 to American Acquisition Title, Inc., as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property. 2. As to Parcel 812, Drainage Easement: The Purchaser agrees that it will restore all areas disturbed and damaged as a result of the construction of the proposed improvements to their pre-existing condition including, but not limited to: replacing any damaged ficus trees, replacing underground irrigation and, repairing the existing 20' asphalt driveway. 'Furthermore, the Purchaser shall provide continuous access to the property and to a designated like/kind parking area during construction. 2.1 Owner acknowledges that Purchaser seeks to reduce the width of Parcel 812 by 20 feet prior to Closing. Therefore Owner agrees to convey Parcel 812 as modified and reduce the compensation due from Purchaser by subtracting the reduced land area at the unit rate of $115,000.00 per acre. II is anticipated by the parties that the modification to Parcel 812 will result in a reduction in land area of .073 acres more or less, for a total reduction of $8,395,00 from the Purchase Price. Agenda Item No. 1684 May 25, 2004 4 of 13 Purchase Agreement Purchase Agreement Page 2 Purchaser agrees to provide Owner with a modified sketch and description for 812 prior to Closing, at which time the Purchase Price will be reduced to reflect the reduction in the size of Parcel 812. 3. As to Parcel 175, Perpetual Non-Exclusive Road Right-of-Way, Drainage, and Utility Easement: The Purchaser's acquisition of Parcel 175 for drainage. roadway and utility purposes shall not constitute the solebasis for the denial of any building application made by Owner to construct a guest house at 1600 Santa Barbara Blvd. Owner acknowledges that a guest house is not permissible if used for commercial purposes. Furthermore, the Purchaser's construction of the planned improvements for Parcel 175 shall not impair or adversely affect the flow of storm water from the parent tract in its existing condition. The Purchaser will take measures so that any historical flowage across Parcel 175 will be not be impeded by the County's roadway design. 4. The Purchaser will receive Owner's input on any landscaping to be installed around the retention pond located on Parcels 813 & 814. 5. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. .- 6. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 7. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 8. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 9. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on ~'- the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Agenda Item No. 1684 May 25, 2004 5 of 13 _.~. .-- - "" .-._~,,~.., -- . _. -.- ,'~._.^ -- Purchase Agreement Page 3 10. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 9. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 11. Purchaser shall pay for all recording fees for the Warranty Deed, Road Right-of- Way, Drainage and Utility Easement, and Drainage Easement and for any and all costs and/or fees associated with recording any Partial Release(s) of any mortgage(s) recorded against the Property, and for the fees to record any curative instruments required to clear title, except for any and all costs and expenses required to secure and record releases and/or satisfactions from judgment creditors, which fees, costs and/or expenses shall be the responsibility of the Owner. In accordance with Statutory exemptions prohibiting payment of documentary stamp taxes by Purchaser, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 12. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 13. The Purchaser agrees to construct improvements in substantial conformance with the Plan and Profile sheets attached hereto as Exhibit B. In the event Purchaser fails to do so, Owner may pursue a claim for damages resulting therefrom. Purchaser expressly agrees to replace or repair, in an expedient manner, any damage to Owner's existing drain field that results from construction activities relating to the proposed improvements for Santa Barbara Boulevard. 14. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of ,2004. Property acquisition approved by BCC pursuant to Resolution No. 2002-442, October 22, 2002. AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk Donna Fiala, Chairman Agenda Item No. 1684 May 25, 2004 6 of 13 -'^ Purchase Agreement Page 4 AS TO OWNER: DATED: 5 - /J- Dr-{ (U kL C~ tL1W'-{w~~ \,/ ",.. J.t '-" ,/ >- d.. ~ Witness (Signature) DONAHUE B. SILVIS (),:::r',tl.I~ HJlHf;r{ln~{, Name (Print or Type) A - / v ~ViA%i/~. Witne (SIgnature) SON.!f-I b~fEJJ Name (Print or Type) Approved as to form and legal sufficiency: 1/h V(/~ Ellen T. Chadwell Assistant County Attorney . - .~"'-- Agenda Item No. 1684 May 25, 2004 7 of 13 " ".-- - .-......-"..- +---.,.--- _u 'lS- i "'I '" ~-r---- 705. 7 I ~I ~" \ i t::l t::l I DEKKER ESTA TES .,. I t') I ~ ~ PLAT BOOK 24, PACES 40-41 ~ ;?: ;?: ;32~ . 2' .. '00 200 I :t.: :t.: GRAPHIC SCAlE :l>.<: <;) <;) I 2 I .....t') t>:J t>:J Cl)):,; ~ ~ C)~ I ~"" ~ ~ I COLDEN CA TE ESTA TES UNIT 33, '. ~ ~ . ::..: ~ I Jsa 00' (PL,u) PLA T BOOK 7. PAGE 60 "'tl~ :c: :l>.V) ~ -- 1 ~ ~ \::: C) ~ 1 PROPOSED PERPETUAL. ~ 773 lJl~ s.n NON-EXCLUSIVE ROAD ~ <0..... :-.. t.. f\.) e R.O. w.. DRAINAGE. AND .,..: .- l~ I UTlUTY EASDlENT ~ PROPOSED \ -:::! 1.76j SQIJARE FEET -:::! R,O.W. EASEMENT~ ,0.176' 9'W. (2) .-..-" . u P.O.B, EX/STING 53' EASEMENT FOR R,o. w PURPOSES P,O.C. (PER PLA T) SE, CORNER -arLOT 1 ..... 0) 76 7 7 ~ BLOCK 157 . I s: BLOCK 152 ~ I LEGAL DESCRIP TlON ., . ALL THAT PART or LQT I, DEKKER ESTATES. PLAT BOOK 24, PAGES 40-41, COWER COUNTY. FLORIDA, AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COI.IMENCING A T THE SOUTHEAST CORNER OF SAID LOT " A POINT ON THE EAST LINE or SECTION 21, TO'MISHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA; THENCE ALONG SOUTH LINE OF SAID LOT 1 SOUTH 89'27'39' M:ST 53.0.0. FEET TO THE POINT or BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LOT LINE SOUTH 89'27'39" M:ST 40.55 FEET,' THENCE LEAVING SAID SOUTH LOT LINE NORTH 0.1'15'19" M:ST 58,91 FEET,- THENCE S,89"39'0.9"W. 14,45 FEET THENCE NORTHERLY 183,77 FEET ALONG THE ARC or A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 3,00.5,00. FEET THROUGH A CENTRAL ANGLE OF 03"30"0.' ANO BnNG SUB TENDED BY A CHORD I#fICH BEARS NORTH 03'07"16" l'ffST 183.58 FEET; THENCE NORTHERLY 127.78 rEET ALONG THE ARC or A CIRCULAR CURVE CONCAVE M:STERLY HAVING A RADIUS OF 3.075.00 FEET THROUGH A CENTRAL ANGLE OF 0222'51" AND B[lNG SUBTENDfD BY A CHORD I#f/CH BEARS NORTH 03'40'45' M:ST 127.77 FEET TO THE NORTH LINE or SAID LOT 1; THENCE ALONG SAID NORTH LOT LINE SOUTH 89'27'39" V..rST 56,95 FEET; LINE TABLE THENCE SOUTH 01'09'1/" EAST 311,18 FEET; THENCE SOUTH 0176'19" EAST 58.84 FEET TO THE POINT OF BEGINNING. NO., BEARING LENGTH L 1 N,S9'J9 '0.9 "E. /4,46' CONTAINING 21,785 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS Jc RESTRICTIONS OF RECORD, CURVE TABLE REVISED 7/15/o.J ... NOT A SURVEY... NO. RADIUS DELTA ARC TANGENT CHORD CHORD BEARING ( J005,oo' o.J'3D'/o.' IS3. 77' 91.SS' 1SJ,6S' N,DJ"07'16"W. 2 J0.75,oo' 0.2'22'5/" 127.7S' 63.90.' 127.77' N.o.J"4D'4'"w' FOLIO NO.Jjf<OOMOO~ LEGEND: ,/-/003 EXHIBIT ..L ~'" '" '" '" '" ~ ~ ~Xb~:'N~ASEMENT Pege....L of-!:L ~ PROPOSED R,D.w' EASEMENT R.o.,W. - RIGHT Of WAY No.T VALID UNLESS SIGNED BY THE SURVfYOR AND BCARINCS AIllIoASfD OM Mat,., P,o.B, = POINT Of BEGINNING SEALED WITH THE SURVfYOR'S EMBOSSED SEAL M*CA/I Q.4IW (M,AD) ''''''''''''' P,o.c = POINT Of COMMENCEMENT AlM/STJllIl' STAle 11f.~ ~J( CERnnCATE Of AUTHORIZAnON I L8-4J SJ'S'lfJl (tMJ) FOIl Fl0raQ4 (AST lCWC. PAO.1CCT NO.; 62081 PARCO. HO. : 175 CLI(toiT; COWER COUNTY TRANSPORTATION. _....IlLUI~ ENGINEERING de CONSTRUCTION MANAGEMENT DI\/ISION Wils,nMiller m~: SKE~~/:;~qtem No. 168 -..~...-..- .an.,.n.~~ .T_~ DEKKER ESTATES. PLAT BOOK 24, PA~y25 200 _.he. COLLiER COUNTY, FLORIDA I _.""......s.-_._.r_ ()A.T(: PRQJEcr HO.: SH((1 MJWI[A; ru ..Wtrlllllll.... a>>..-../b'dI Jt>>6.6.11.".. ~. hi. IHoCtW ...... .........- 04/2002 N6022-002-0ro- TDHWP 175 or xxx 2 Jul .. 5. 2003 -- C9: OJ: 45 E'NESTVOl!X: \SUR\N6022\S:"cICh 01 Deso::rip\io.)l"ls\S..llml! leCl\Lljg20Js175d*g -- ---~._-- ~ ~ I I ~ -r-- 105.1 , t I .... I DEKKER ESTA TES ..,. I I . I . - ~ I ~ i 'i6 I loo loo' 0 2' "" 100 200 I ;;;; I ;;;; I ~~ loo ' '" GRAPHIC SCALE ).,<: : ~ t ~ I 2 -.<:) I ~ \ ~ I to).. ~ l'l 1 COLDEN GATE ESTA TES UNIT 33, 8"'1 I i:: !:: PLA T BOOK 7, PAGE 60 ::>;~ I ~ ~ I .... .... ---.-... . ~ ~ ~ Jao.,o.o.' (PLA T) EXlsnNC /0.' unUTY EASEI/ENT "b~ I ~ ~ I EXISnNG 30' ACCESS EASCI/ENT ~V> ~ ~ I ""s::; I ~ ' ~ 1 g:~ I ~~\..J 113 (."j I ~ ~ I '-: I PROPOSED 50' PROPOSED "ti I DRAINAGE EASEMENT R~ASEM:~ 105. 2 \ ~ I 7,929 SQUARE FEET - --i I - I - - I I PROPOSED I R,O.W. TAKE (S[E SHEET 175) [XISTlNG 53' EASEMENT I FOR R.O, w. PURPOSES 20 17 (PER PLA T) 68.76' 21 16 GOLDEN GA TE UNI T 6, S,o./76',9'E, BOULEVARD PLAT BOOK 5, PAGES /24-134 SANTA BARBARA 1 tI)'- I ~~ c~ 16 1 1 \ c::::.~ ~~ ~ BLOCK /57 \ ~~ BLOCK 152 t:-<~ I ~ COLDEN GATE CITY UNIT 5, PLAT BOOK 5, PACE /17-123 ~~ LEGAL DESCRIP779N ~ BEiNG THE NORTH 50 FEET OF LOT I, DEKKER ESTA TES, PLA T BOOK 24, PAGES 40-41, COLLIER COUNTY. FLORIDA, LESS THE EASTERL Y PROPOSED RIGHT OF WA Y TAKE AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; BEGINNING A T THE NORTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE NORTH LiNE OF SAID LOT NORTH 89"27'39' EAST 157,58 FEET,' THENCE LEA VlNG SAID NORTH LOT LINE SOUTHERL Y 50.05 FEET ALONC THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 3,060,00 FEET THROUGH A CENTRAL ANGLE OF 00'56'/3" AND BEING SUB TENDED BY A CHORD .WHICH BEARS SOUTH 02"58'/1' EAST 5005 FEET.' THENCE SOUTH 89'27'39" WEST /59,74 FEET.' THENCE ALONG THE WEST LINE OF SAID LOT NORTH 00'29'47" WEST 50,00 FEET TO THE POINT OF BEGINNING, CONTAINING 7,929 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS &: RESTRICTIONS OF RECORD. FOLIO NO. ~1g0DOOOO~ ... NOT A SURVEY... Curve numb~r I EXHIBIT -LL. -------------- page.Lof.-:L Rod;us. J0.60.,o.o. Delta. 00'56"J" Arc. 50.,0.5 LEGEND: Tangent. 25. 0.2 Chord. So. as ~~ PROPosm DRAINAGE EASEI/ENT R, P OFf IiL SiJRrfrOR ~ MAPPER Chord Brg. S. 0.2"S8'WE. FLORIDA REG/STRA LS /5027 R.O.W. . RIGHT OF WAr NOT VALID UNLESS SIGNED BY THE SURllfYOR AND <<.4AWCS JM lAD (Ii JIQIf~ SEALED II1TH THE SURrfYOR'S EMBOSSED SCAL. ~"i:Nrr;:r~':.Gc'~tr CERFlFlCATE OF AUTHOR(ZATION I LB-4J SYS1(11 ((1f!I)) fDR 1l0l'ilDA roT lCIIC, -- PAMer NO.: 6208' PA,Rt[L NO. ; 812 CLIO.T; Wils;nMiller-'^~'~- TIT\.E: _.. ~. fcol:9o/I' __. ~Ar_' T-....~ 1IIoc>n/Mof'. tic DATE: PRQJ(CT flIO.: _.IWf....._._.r_ .12l>>8o/ltl-.:u.Ill'J.___.__.".,_a.....9II--... 04/200.2 N60.22-002-0'0- TDH'.+P Jut; 1. 2002 - 10 08. n ...tj A.;;'~lR ,x: \,su-=t \.'\t>02'J\Sl<el"" 01 De~C('PII:>'"\" \:,VC"\, ~ Il!J \/l;i,;;20J$51;:, ,:l..g --- ._--- ~"'.~....-_.. -..-..------.-.'"-----..',.!.<,. --'---'~-"'-"';-" ~~.,-"'_..- ". .,--.~~- '----~~ --1-- ---- ----- ---7-'- ~ r--- EXlSntoJG JO' R,O,W, OSEMENT PER PLAT ! I .'"\ I-_L -- --- ---- - -- ---,- -ci .... I . to to I I' . I . 8 DEKKER ESTATES I I ~ I ~ ' ! 0 2' 00 100 200 ~ I ~ I PLAT BOOK 24, PAGES 40-4/ i I GRAPHIC SCALE ;:i: ~ I :i! ~ ~ ~ I ~ ~ I 705 ~ I ..., I. ~ 3 I ~ I ~ ~ ~ I :::J ~ I ~ I 51 "t1~ ~ I ~ 713.1 ;:S? ;J? ..... (;) I ~ QJ),; I Cli';i J80,OO' (PLA T) -~- GOLDEN GA TE ESTA TES UNIT 33, l/') I PLA T BOOK 7, PAGE 60 .'J :-t ~~ I -- ",l/') ~c::: I EXISTING 10' UTILITY EASEMENT Vl~ 10..... .~ I 2 I 705. 1 I 113 I EXISTING JO' ACCESS EASEMENT I J80,OO' (PLA T) I -----+ I I I I iPROPOSED 50' DRAINAGE EASEMENT 105.2 ! I 1 I i it LEGAL DESCRIPTION 0; BEiNG ALL OF LOT 2, DEKKER ESTA TES, PLA T BOpK 24, PACES 40-41, COLLIER COUNTY, FLORIDA. CONTAINING 98.040 SQUARE FEET MORE OR LESS. SUBJECT TO THE EXISTiNG DRAINAGE/ACCESS EASEMENTS PER PLA T AND OFFICIAL RECORDS CONTAININC /8.834 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS tk RESTRICTiONS OF RECORD. ... NOT A SURVEY... FOLIO NO.~ S-oootJO 100 EXHIBIT ...L page.-L., of..:L LEGEND: LAN R, P OF[ AL SURVEYOR .t MAPPER ~" " " " " '" "1 ~~2;;f t.11~;~V Fl.ORIDA REG/STRA LS /5627 ~ PROPOSED NOT VAllO UNLESS SIGNED BY THE SURVEYOR ANO ICAbIeS All( ....SCD ~ Naf1H ACQiJISlTlON SEALED ItrTH THE SURVEYOR'S EMBOSSED SEAL. AMl/IICAN DAIW (itA-D) IJI,J-'''' AlJJJSTWCNT srA1f 1'tAN( C'OOtOIH4Ff R.O.W. = RIGHT OF WAY CERFIFlCA TE OF AUTHORllA TlON / LB--4J S~1('1t (C1ttJ) ,Oft nCllfJDA cur lONl.. P"Q.I(CT NO.: 62081 PAllen NO. : 81" ClI(I'lT: COWeR COUNTY TRANSPORTA 71ON. WilsfJnMiller.-~~~ ENGINEERING It CONSTRUCTION IIAHAGfJlENT DllASlON JlTL[: SKrn:H AND ~em No. 16 BEING PART . " DEKKER CSTATE:5. PLAT BOOK 24. PAGE'sMay.25, 20 -.. ~ . _. an.,..... &.-.._. f'_me.....- ~iIc:. COLLIE'R COON TY. FL ORIOA -."".....-.-.,- c.-.T[: PROJEct NO,: SHlET HUlII9[R: 'L[ "...,a.; "".DI . '*'* A::rD)fIIHIll. ".. ..... . FIt ~ ...... .......a11 04/2002 N6022-002-0l0- TOHv.P 81J 0' xxx 2GG-203 ~i,J1 ~1. 2002 - .,OG~u ";'\API::RI.( \S.....R \No::':~ :l\~" f: cr-. Of Oesc;r.,:: trol",." \ ';)~.bl1' ,11 to';: \2:.;C}2:J j!,~l), C\'j<j .-. - I J80,OO' (PLA T) ~ -r-- I "fx/SnNG' JiJ' R,O. w. EASEMfN r PER' PLA T - I 'w- I I . .. .. '00 .00 I GRAPHIC SCALE 705 I \ 3 C) ~ 713.7 :\l~ ';.:~ ......C) to),. 2;:;:; :--.~ Ii GOLDEN GA TE ES TATES UNI T JJ, A PLA T BOOK 7, PAGE 60 ~~ ~ FEE SIMPLE TAKING 1 I - C)V\ '"'l~ ! ~ :i! ~040 SQUARE FEET EXlsnNG 10' UTILITY EASEMENT t.11~ 1 ... PAnCS NO, ~ IY 11 <0...... ~ ~ ~ i ~ ~ I ~ I I ~ I ~ 2 I \ ~ ~ I 105. 1 ~ ~ ~ I I 713 .... .... I ~ ~ I ~ DEKKER ESTA TES J : r 'OSIlNC 50' "CESS W'ME"' I ~ \ ~ PLA T BOOK 24, PAGES 40-41 \ ~ ~ \ I \J~ I . __ - "-' - - =r r 11 r """""" 50' "'"'''' "'[MEN' Iii 705. 2 I I 7 I ' i ! ! I I - LEGAL DESCRIPTlON BEING ALL OF LOT J. DEKKER ESTATES, PLAT BOOK 24, PAGES 40-41, COLLIER COUNTY, FLORIDA. CONTAINING 98,040 SQUARE FEET MORE OR LESS, SUBJECT TO THE EXISnNrj DRAINAGE/ACCESS/RIGHT OF WAY EASEMENTS PER PLA T AND OFFICIAL RECORDS CONTAINING 28,044 SOUARCF[ET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. :FOLIO NO.21~~l~ ... NOT A SURVEY... EXHIBIT --6- page....,L of...L, LEGEND: LAN T R, P ,jff' AL SUR';fYO!? ct MAPPER k" '" '" '" "'" "l f/~S;'7t.tttl~AgfrI./ENTS FLORIDA RECfSTRA LS /5627 ~ PROPOSED NOT VALID UNLESS SIGNED BY TIlE SURVEYOR AND ICAIIWCS A1tC 'AD ()1f ~1H . A COUlSlTlON SEALED IlfTH THE SURVEYOR'S E/./80SSED SEAL. ~~;:f~i!c'~~rr R,O. W. - RIGHT OF WA Y CERnnCATF OF AUTHOR/UrtON / L8-4J SJ'$'1nI (CIttD) '0/11 n(WI).A osr LONe. ~,"''"' P!ItOJECT NO.: 62081 PARCEL. NO. : sr. CU[NT: WilsonMilleiN .~""<<- TIll.!: 11" ,.,.",.".~. __.-..... .~~. r.-....c.no.Ion/o lt1ocnIMor. t1c. DATt: """",""'l/pn._._.r_ >>to.., t... SIt DI . ,.... R:rd..... .""" ~. Fu .. foG. PI ...... 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""'''''''11 .r ,--_. ._- .---' '-"":':"'~-..........--._- --~. !.::=-==-==-~ ---1-- --+----.+---+-----1---.--- ;::";~ I-- --r-==- _~___ ,_ I r ___' I \ =-- 1.....-- 1 m !. ---~-~-hn-n--r-h---- --=--.____h ~ .. - '_______ _'l.?S, .. ~ ~_ = .:~ _ _ ____u_ mn___ n__n_ ..-<<_~ ~ - , 1--- I - ~ , -.. - m /~I~ ~~~ o =i .~ ...;:_ _".-'--- .--+' . ...-. __.:_~c.J _'n~ -' , _p ""'(~,----t- ~--~ 1""9::---;-;;1'" n___ n1- n _u=o:r t:-u-7-r-f:.--=r-r-:-: _ ...._1 --r &., " ---"Ir_--r ! 1 LA: 'I--*" ..-...:r-.--t..-..-:::f---t--~ ------1l-- -t- ' r ~~ I ~~ --~ _ _, .. . - 1--1 ., _~r' ... I ....,u,::- r~ 50*<0 ~ I. ~ -.oa g..oc, ~ I "(~'J')" .. .......--.. .- I I 1..-"{f1..iii~ffji;.~~~~~ PLANPRonu ~- .. .."'.... ...- ---. 1-\genoa l1em NO. 1 tlt:S4 May 25, 2004 13 of 13 ~~--,-~~- - "-~..~.~ ^''''--'- ..._._~-""--- .- EXECUTIVE SUMMARY Request the Board to accept donated palms from Stock Development for landscaping on Livingston Road. OBJECTIVE: A request to the Board to allow staff to accept donated palms for landscaping Qn Livingston Road. CONSIDERATION: The Stock Development has ten (10) royal palms located at the entry of Lely Resort. The royal palms are of signification size and quality. The palms are valued at $60,000 or $6.000 per royal palm. Because of their size and weight, a significant amount of space is needed to avoid underground utilities. Staff would recommend the placement of this material along the right-of-way within the retention pond areas on Livingston Road. Collier County will coordinate the relocation and installation of the palm trees. Staff requested (3) quotes for the relocation and planting of the material from Commercial Land Maintenance, Hannula Landscaping, and Gator Landscaping. The lowest, responsive bid is from Gator Landscaping with an installation cost of $9,000.00 (or $900.00 per palm). ,- FISCAL IMPACT: Funds in the amount of $9,000.00 are budgeted for the landscape installation of Livingston Road within the Transportation Supported Gas Tax Fund under the Livingston Road Project Ph II 60071. GROWTH MANAGEMENT IMPACT: This request is consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the donation of ten royal palms to be used for landscaping on Livingston Road. Exhibits: Attachment "A" Letter from Stock Development Attachment "B" Quote from Gator Landscaping ,- Agenda Item No. 1~ J toB (5 May 25, 2004 1 of 9 .,...... _...._",..".."....-,<-.....".~".,"'....~..""'. "'""'-<. .",~,..".....,___..__.._""_...,..,","-"..'L".'..'.,-.~....".'~...._.."".._....,_.".~~ -- COLLIER COUNTY - BOARD OF COUNTY COMMISSIONERS Item Number 16B5 Item Summary Request the Board to accept donated palms from Stock Development for landscaping on Livingston Road. Meeting Date 5125/20049:00:00 AM Prepared By Pamela J. lulich Project Manager Transportion Services Traffic Operationsl ATM Approved By Jeff Klatzkow Assistant County Attorney Date County Manager's Office County Attorney Office 5/11/20044:07 PM Approved By Traffic Operations and Alt Trans Diane B. Flagg Modes Director Date Transportion Services Traffic Operationsl ATM 5/12/20044:13 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 5/12/200411:49 AM - Approved By Pamela J. lulich Project Manager Date Transportion Services Traffic Operations/ ATM 5/12/200410:22 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 5/13/20041:34 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/17/2004 11 :38 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/17/20047:05 PM -- Agenda Item N~ I b eS May 2 ,2004 2 of 9 -_..~'^~-, ,.".~_._, - April 15, 2004 Pam Lulich Collier County Transportation 2705 Horseshoe Dr, Naples FL 34104 Re: Donation of Royal Palms ---- Dear Pam: As per our conversation today, I am sending this letter as a formal offer to donate 10 Royal Palms currently located in'the Classics Entry of Lely Resort. We propose to donate the trees to Collier County with the County assuming the cost of relocating the trees. Hanula Landscaping has estimated the value of the trees at $6,000 each and the cost of relocation at $800 each. The trees will need to be removed within 45 days. Please call me if you have any further questions. Sincerely, ~~~- Thomas Masters, P .E. V.P.ofDevelopment 1(0'6 S Agenda Item No...:J..8ffi5 May 25, 2004 3of9 5692 STRAND COURT NAPl[S. fLORID~ 34110 Phone, (239) 592-734.01 Fax, (239) 592-7541 F'RO'1 : GATOR LANDSCAP 11'6 FAX t-D. :2396433474 Apr. 28 2004 09: 2l3PM Pi ~- 6 j ~(JlJ . Gator wdscaping 2180 16~Ave SW Naples, Ft 34117 rmo:!f). 643-347+ ~.':;=:~1IB\~i~~}~i~!i;:~1~2~~~J~i To; Collier COODty Trafl.1o Opations F~ (239) 213-5899 AtIn: Pam LulJdl Fram: ArvJy c.te: 4/27104 Ale: ' LivbJptOtt R.oyals Pag8e: 3 CC: '/'/ . .~~ o For RINiIW CJ "... Coninent (] PIM5e Reply (] PIeIM R8cycI8 . . . . . . . - ,,_ . '. """"'~t~~ '--., /<</,t( J~l. ~1~1~:~~~~~~*~..;~0~ '~~'~':~~' ~~t~1:":'" '.;) '~~~!~.et" '.~~...~..~' ". \oIl .:~. '1;.~'.f~ ~fi' . . . :~:~/.r~ . t~' .~. ~ "~~.."".....;'jl;M. ,.:re...:.J;.'1f ~'~"'i'~' "". t.~' ;, , .~ . ~~~:. ~.;," "';;"'~"'!' . ,!~,.; ~ .~-V' ''0. ..~~~l~tr.;;'~ , , \lo€>~ . . . . . . . Agenda item No. \~S6 May 25, 2004 4of9 'I - _....._.._..~_.."'- ~ .... - ,-"...",-,-_..__.~...-.>_....,. .. ~._---" --~~- -_._._-_.._.~_.. FROM : GATrn LANDSa:lP II'li FAX NO. :2396433474 Apr. 28 2004 0'3: 21Pf'1 F'3 Sponseller Nunery~ Inc. d/b/a GATOR LANDSCAPING Collier County Traffic Operations 2705 Horseshoe Dr. Naples~ FL 34104 Att. Pam Lulich LANDSCAPE SERVICES PROPOSAL Gator Land~aping is pleased to submit the following proposal for your consideration. Subject to prompt acceptance within 30 days and to all conditions stipulated on the reverse side, we propose to furnish materials and labor at the prices as stipulated below. PROPOSAL LISTED BELOW INCLUDES: Relocation of ten royal palms from the east right of way of Celeste Dr.(Lely Resort) to the east shore of retention pond at the southwest comer of Pine Ridge Rd. and Uvingston Rd Price includes staking and initial watering~ no holes filled at Celeste Rd site. PROPOSAL PRlCE: Nine Thousand Even Dollars $9,000.00 DUE UPON JOB COMPLETION. We ttust 1his proposal meets with your approval. To initiate our work, please forward an authorized cop>, of this proposal. We looi:: fOl'Wllnl toheario& fiom )'ou. The Proposal amount is due upon job comp~ion. The undcrs1gDc4 bas read md acoepa this proposal and all its terms and conditions listed on 1he reverse as a binding ~ subject oolyto the approval oftbe ged,it of the Gator LaDd.~lni Collier Coumy(Pam Lulich) DATE GATOR LANDSCAPING Vffi/f DATE 4/z?~1 / l ~i? S 2180 1~ Ave SW, Naploa. FL 34117 Agenda Item No. ~ May 25, 004 5of9 . .....---.- FROM : GA~ LANDSa:FING FAX NO. :2396433474 Apr. 28 2004 09:20f~ P2 .....,- CONDITIONS OF PRoroSAL 1. Acceptanee oC tN1 proposal t1J the party to \\t1om It Is S\bOltted or "8uye(' 8heI& be acceptaooe of all teems and cancIitItR I8CitItd herein. ~ GATOR lANDSCAPING or "SeIer" to commence work Qr p1apaiatian for work. ComrnenCQment of v.ork will constIIut8 ~JCe by Buyer of thiS Proposal and a111\s temlS n conditions. 2. Arrt aIteIatDl to c:ontra:t or specIlIcatIOnS shall be at ad<SitiOlW cost and shal be perfonned only a'ter assurance anct sIgrtlg r:A 8 cha'lge' order. 3. ThIs pmposaI is based upon II labOr DelnQ performed d\rIng regular hOur8 of wort. Any addltIonaI cost inOlI18d (IncuIIag M.mnJ8& CM!lIt1e8d oosf) for work beyond regular hours requested by Buyer or hIS agent 8haI be pald as Bldra. 4. SeIer stdI not ~ respor8bIe fOr deIay& or dIfaultS whn ~ by etrf CUftS of any kind and extent beyond Its QX1troI, Including but not \imItsd to delayS caJS8d by the buyerS. general contractor. archI1!d end/Or englneefS, or ?Ir/ other subc:ontrtr:tOr or a of God. SeHer not responslble ~ ~ mien after 1nstaIIalIon. . 5. We sna1 not be IIebIe far at1Y damages orde. caused by rains, fJres, floods, freezes. storms, tomedoe&, aDOIdenS. acta d God, NbUtlY to obt8in rnalIlW1lI from our regullr IOurces of supply, or other causes beyOnd our reasonable contrOl: and the lime for deh9ry of matBrials or doing the WOf1( shaI be 8KWlded for 1he time of the delay or I'lISOn of rtff Slid causes. 6. PriOr to InstaIIafiOO the ~,v.i1I grade the * Md have it clear of aJ COI'lStn.diOn rmter1al. Anal gnrJe to be (+) 1'fTOm pennanent ground slI'faces.I.e. driveway, parking areas and wcikway, and meet all Codes. , 7. Buyer is i) prepare aD work areas so that 1heY are axeptable for SeWs worIc under the contract seDer WIll not be called upon to stSft wor1C until suft1CW1( areas am reedy to InSUft conttnued WOf1( until job canpletion. In mea& wIh cap rock. surface rock or subsurfaCe rock Of six (6) IncheS in d~ or more. seller IhaIl have the ap1JDn d ~ the contnI1 or withdl'SWing from the ,,-~ wort. SelI8r to cat 'No CutS' ~ haY& aI utiItkl8 and easemen1S marted. Buyer to mark all underground utiitie8 from the house to the sera areas. seuer 8SSI.IneS respooslbifttY for those UlIIties ~ed. but does not assume I9$pOI1Sibidy for 8nf undergrouOO utlitieS that are unmartted and Is not BabIe for damages, TERMS Payments of the atorernentIoned ptfCeS. ~ Yt1lt\ P8':r'Mf'1t d etrf extraS that may be agreed upon betWeen GATOR LANDSCAPING ard Buyer shaD be roD t> GATOR LANDSCAPING. A reasonable sum required as a depost end the ba8nCe to be paid in drawS a'\d final payment as set forth In this Proposal. Any invoice not paid within 30 days of completion date shaI be considel'ed delinquent and Interest at th61ega1 rnaxInUn rille aIoWed by IIreV sh8II be oh8lged. Buyer thafl pay atrt coIlectlon chages JncurrecI dUe to delinquent zccurt; A performalCe bond ~oUwbond, I desired byaJyer,.shaII be.J)fCWided at Buyer'sexpense. There are no promlsaS, ag~ 01' undefStandlng betWeen Buyer and GATOR LANOSCAptNG not contained In this agreement. PlANT MATERIAlS WARRANTY OUr warranty COY9lS Irees for one yeBl and shrub8 for nk1etY (90) days. This warrardy IS good as long as our maintenance prognrn is fobVed n we are mmediately notIf'ted when problem areas first arise. Acts of God rot covered with tt1Is warranty. Transplanted materia nm oovered by warranty. 16e,S Agenda Item No.).8S6 May 25, 2004 6 of 9 .--....-. . . ._.,..~.._~.",.,..__..-.,.""<......,. .... ,._".,_.._,..~-,~ .-- -->_.'.-.._- .-.---..-......- ...-..--.-.---......---..------.... Ha~ 07 04 04:56p Hannula Landscaping, Inc. (239J-498-6818 p. 1 Hannula Landscaping~ Inc. Fax Cover Sheet Date: May 7, 2004 Please Deliver The Following Pages To: Name: Pam Lulich Company Name: Collier County Transportation Operations Dept Fax # or Location: 213-5899 Regarding: Lely Classic Plantation: Relocates From: Dale Hannula # of Pages 2 Including Cover Sheet: 3 IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL OFFICE AT (239) 992-2210. Comments: Thank you. Hannula Landscaping, me. - 28131 Quails Nest Lane - Bonita Springs, Fl. 34135 e;S Phone (239) 992-2210 - Fa.x (239) 498~818 I ~ Agenda Item No. ~ May 25, 004 7of9 Ma~ 07 O~ 04:56p Hannula Landscapin~, Inc. (23S1-4S8-6818 p.2 ! - I PROPOSAL I Hannula Landscaping, Inc. Hannula Irrigation, Inc. 28131 Quails Nest Lane Bonita Springs. FL 34135-6932 Phone 239-992-2210 - Fax 239-498-6818 PROPOSAl SUBMITTED TO: DATE May 7. 2004 Collier county Transportation FAX 213-SS99 Operations Department JOB Lely Classic Plantation: Relocates Atb1: Pam Lulich CITY Naples WE HEREBY SUBMIT ESTIMATES FOR THE ABOVE NAMED PROJECT IN ACCORDANCE WITH THE SPECIFICATIONS Of THIS PROPOSAL. ALL lABOR AND MATERIAlS WILL BE FURNISHED IN COMPLETE ACCORDANCE WITH THE SPECIFICATION OF THIS PROPOSAL ITOTAL PROPOSED COST 1$ 11,000.00 I WARRANTY All plant material is guaranteed to meet specifications as stated herein. Any alteration or deviation from said ,- specifications involving extra costs W11 be executed only upon written orders and wiD become an extra charge over and above the estimate. Shrubs and ground covers are guaranteed 90 days, shade trees and palms 180 days, and sod 30 days. The Contractor win replace any plant that dies or is not established during said warranty period if cause is due to negligence or poor workmanship by the Contractor. Maintenance of the planting and sod after the date of acceptance to the end of1tle guarantee period shall be by the Owner, The irrigation system on fue materials and workmanship is guaranteed for a period of 12 months from the date of installation, excluding damages by third parties, theft after installation, or damage or loss due to an act of nature. Contractor is not responsible for any cut cables, Hoes, pipes, or wires that cannot be accurately located and marked by No Cut personnel. Alterations or deviations from the above speci1ications will be executed only upon written orders and will become extra charges over and above the estimate. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. - Date Hannula Landscaping, Inc. - ~vP Agenda Item No. ~ May 25, 2004 8of9 ;_....'-~,~,-'_.-...,..,.._-< .,--------_.__..__.~....-,-,_..'...,..- - '.. .......,.. ._~._-_._,.----~.,...,,-".,,-.".'...,',,",.._~-"=, -,-"-~ Ma~ 07 04 04:5Sp Hannula Land5capin~, Inc. (239)-498-S818 p.3 .- --- - . - I ... . . 'HANNULA LANDSCAPING &.IRRtGATION~'TNC:- ." , r BID COST PROJECT Lely Classic Plantation: Relocates DATE 5nJ04 ITEM QTY DESCRIPTION SPECIFICATIONS TOTAL COST Reloc 10 Relocate Royal Palms lump sum Includes: Relocation Staking Initial Watering Owner to flag locations with access for crane and beyond utilities, On-going watering and maienance is not incIuckJd. Guarantee is not induded.. TOTAL BID COST $ 11,000.00 LANDSCAPE NOTES: REMOVAL OF EXOTICS. PROVIDED BY OTHERS, SITE PREPARATION & GRADING . PROVIDED BY OTHERS. ALL LANDSCAPE MATERJALMUST BE IRRIGATED BY AN 100% OPERATIONAL IRRIGATION SYSTEM IN ORDER TO WARRANTY MATERIAl. INSTALLED. RElOCA TJON Of' ANY MATERIAl- WIlL HOT BE WARRANTED BY TI-HS CONTRACTOR. THIS CONTACTOR IS NOT RESPONSIBLE FOR MATERIAl OETERIORATWG DUE TO MANOATED WATER ReSTRICTIONS. GEJERAL NOTES: SUBCONTRACTOR SHAU. FURNISH AU./TEMS SPECIFIeD IN SCHEDULE OF VAlUES. CONTRACTOR! OWNER SHAlL BE SOlELY RESPONSIBLE FOR THE ACCURATENESS OF THE PlANS AND SPECIFICA nONS AND SHAlL RELEASE HOLD HARMLESS SUBCONTRACTOR FROM ANY DAMAGES RESUlTING FROM INADEQUATE, INACCURATE, OR VAGUE lNFORM'AllON SUPPLED BY THE CONTRACTORlOWNER. 1(P~r? Agenda Item No. : May 25, 004 9 of 9 f" -""'- EXECUTIVE SUMMARY Recommendation that the Board award Bid No. 04-3656 "Installation and Maintenance of Traffic Signals" to E.B. Simmonds Electrical, Inc. and to Mid-Continent Electric, Inc. at an estimated annual cost of $890,000. OBJECTIVE: To provide a contract for use by the Traffic Operations and Alternative Transportation Modes Department for installation, maintenance, and repair of traffic signals and related equipment throughout Collier County. CONSIDERATIONS: In consideration of anticipated traffic signal installation, maintenance, and repair needs for Fiscal Year 03-04, a bid was issued by the Purchasing Department. Bid 04-3656 was publicly advertised on March 18,2004. Notices were sent to ninety-five (95) firms with five (5) firms requesting full packages. Two (2) responses were received by the due date of April 7, 2004. Staff has reviewed the bids results. The Method of A ward utilized for award of this contract was based on comparing the quotes, based upon contract bid prices, of two ....-" sample Work Orders, (attached for your reference). B.B. Simmonds Electrical Inc. had the low quote on Work Order One, representing work involved in constructing a typical new traffic signal installation. Mid-Continent Electric, Inc. had the low quote on Work Order Two, representing typical maintenance/repair work. Therefore, it is Staffs recommendation to award Bid 04-3656 to both firms, with E.B. Simmonds Electrical, Inc. as primary vendor and Mid-Continent Electric, Inc. as secondary vendor for new traffic signal installation work. For maintenance and repair services Mid-Continent Electric, Inc. will be primary vendor and E.B. Simmonds Electrical, Inc. will be secondary vendor. FISCAL IMPACT: Funds in the amount of $140,000 are available in the Transportation Services Fund 101 and $750,000 in the Transportation Supported Gas Tax Fund under project 60172. Source of funds are Gas Taxes and Ad Valorem Taxes. GROWTH MANAGEMENT IMP ACT: While this has no direct impact on the Growth Management Plan, it is consistent with the goals of the Country to streamline and expedite the procurement of services. RECOMMENDATION: That the Board of County Commissioners award Bid No. 04- 3656 "Installation and Maintenance of Street Lights" to E.B. Simmonds Electrical, Inc. and Mid-Continent Electric, Inc. as referenced herein. ~ Agenda Item No. 1686 May 25, 2004 1 of 13 -- "~",,,,~.-,,,,,""''''';''''',,..,.''''''''' , COLLIER COUNTY .- BOARD OF COUNTY COMMISSIONERS Item Number 16B6 Item Summary Recommendation that the Board award Bid No. 04-3656 "Installation and Maintenance of Traffic Signals" to E.B. Simmonds Electrical. Inc, and to Mid- Continent Electric, Inc. Meeting Date 5/25/2004 9:00:00 AM Prepared By" Robert W. Tipton, P.E. County Traffic Operations Engineer Transportion Services Traffic Operations/ A TM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 5/11/20048:52 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 5/11/2004 8:44 AM Approved By Traffic Operations and Ait Trans Diane B. Flagg Modes Director Date ,.",,-., Traffic Operations/ A TM Transportion Services 5/12120044:11 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 5/12/20043:49 PM Approved By Norm E. Feder, A1CP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 5/13/2004 1 :35 PM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 5/14/20042:38 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5/14/20044:06 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/15/200410:56 AM Approved By - James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/17/20047:07 PM Agenda Item No. 1686 May 25, 2004 2 of 13 -.--, ___"___W'~'"~. >'~- ---,._- -. -.-.- - -. /JIJIC- C~NrIN~Nr ElL~ T~'fC/.:I..vc. Bid No. 04-3656- Installation and Maintenance of Traffic Signals Page 24 Typical Work Order #1 New sienal construction Quantit Item No. Descriotion Unit \I Unit Cost Extension A 1 12 Foot Pedestal 88 1 Ittb 00 ~ zo. 0 c.J AS 46 Foot Class VII Pole ea 2 ~y~ t" ~" a:> 634-4-114 Soan Wire Assembly If 150 J!. ^ 0 (~~. 00 649-113-003 Mast Arm Assembly (Sinele arm 47-60 foot) ea 1/' /1_ 7/'10. OLJ 649-124-205 Mast Arm Assembly (Double arm 61-70 & 47-60 foot) ea 1 ~~ ~/. tna D L!J 660-2-106 l6'x30' Tyee F Quadraoole (First LOOD) . ea 1 .,".CD UP . 750 (;I,c 660-2-106 16'x30'Tyee F Quadraoole (Additional LOODS) ea 12 ~ ?.b. b.. 7"'&/0.0 0 660-9-9 lAdditional Lead-in Cable If 600 I. 00 . ~OO. CO 660-1-10 Inductive LOOD Detector (2 channel rack mounted delay) ea 8 2Pn.,,~ 724/0. t.:> 0 630-1-12 Conduit (Underaround) If 600 c.{. 00 '71./00. b Q .630-1-14 Conduit (directional Bore) If 800 21/.c:JO Ie{ ?JW:> ~~ 632-7-1 Cable (Sienall Di 1 "h)DD ">:/00.00 620-1-1 Groundina Electrode f 200 1I.t:10 am ~..... 635-1-11 Pull and Junction Boxes as 12 ~ ,,_ -~, -1'>.00 635-1-15 Pull and Junction Boxes (Fiber Ootic) ea 1 "'/./'100 -- 7'0. "v 650-1-131 Traffic Sienal (12" All LED. 3-Section One-WaY) ea 8 --, 0-, - -. e:>o 650-1-151 Traffic Sienal (12" All LED. 5-Section. One-Way) ea 2 '1.1' ~ ~ 7 z.t/. OC) 653-112 Pedestrian S'lQnal (LED. Solid HandlMan. Count Down Two-way) ea 4 -, ~Q ~ "7 I 2.0 . (;) 0 670-5-110 rrraffic Controller AssemblY ITS2 SYStem comoatible) ea 1J~/otJ.tJo j.;; J nn n,~ 575-1-1 Sod - Bahia sy 3C /,... Oe> I '" ~ 00. 522-1 Concrete Sidewalk (4" thick) Isy 1E '= O.Cla Q^"". 0 c) Arrow Board Ihr 32 Ic. 00 ~'20. 00 Material Mark-uo on non-bid items Yo 400C J a I S" ~ I, .... . (;) ~ /Total J <.J 15c..f. 0 j} Typical Work Order #2 Traffic Sienal Reoair Call Item No. Descriotion Unit Quantity Unit Cost Extension Troubleshoot malfunction -labor hr 4 li ~o J 2"" R. 00 Troubleshoot malfunction - labor - overtime hr 4 Ci? ~ 0 I aa 0 D Vehicle - pickup truck hr 4 I^ ,~O I./~ D D Bucket truck Ihr 2 "?C. e>~ ?n. DO lA.rrowboard hr 2 ~rl. O~ ?~ nO 665-11 Pedestrian Detector ea 1 I 2~. DD J '7 ~ ~C> 632-6-1 Cable (Sianal) (Minor Work) If 200 I. ~o J 2. 1:.0.00 659-101 Sianal Head Auxilliaries (Back Plate - 3 section) lea 4 i:10. 0 0 ~ t.. D c> 0 Total oj I a I ,.,"0 Agenda Item No. 1686 May 25, 2004 3 of 13 .- - E.11. SO''1~'''N'U EI.I,.,;eltU,L/ .r ",u', , Bid No, 04-36S6-InstallatiOD and Maintenance of Traffic Signals Page 24 - Typical Work Order #1 New sienal construction Quantit Item No. Descrintion Unit y Unit COSt Extension A1 12 Foot Pedestal ea 1 ,;,')n nr .::')n nn ~ 46 Foot Class VII Pole M :l 2900.0< 5800.00 ~344-114 Soan Wire AssemblY If 15C 5.0< 750.00 &49-113-003 Mast Arm AssemblY (Sinale ann 47-60 1000 ea 1~61j4.U' 16154.UU * 649-124-205 Mast Arm AssemblY (Double ann 61-70 & 47-60 footl ea 1"4861.0 24861.00 660-2-106 6'x30'Tvoe F QuadraDOIe(First Loool ea 1 750.oe 750.00 660-2-106 16'x30'Tvoe F Quadraoole (Additional Looos) lea 12 700.0r A~nn_nn 660-9-9 Additional Lead-in Cable !If 600 1.0e 600.00 660-1-10 Inductive Looo Detector (2 channel. rack mounted. delav) ea e 260.0( 2080.00 630-1-12 Conduit (Underaround) If 60C II. ,2r ')o:')n nn 630-1-14 Conduit (directional Borel If 80C :24,O( 19200.00 1632-7-1 Cable (SianaO OJ 1 2100.0( 2100.00 1620-1-1 Groundina Electrode ., 20C 4.0( 800.00 1635-1-11 pun and Junction Boxes ea 12 235.0( 2820.00 635-1-15 Pull and Junction Boxes (Fiber Ootie) sa 1 "70:0 nr ""0 nn 650-1-131 Traffic Slanal (12" All LED 3-Section One-Wav) lea e 720.0( 5760.00 ,..-.. 650-1-151 Traffic Slanal (12" All LED 5-SectIon One-Wav) lea 2 . ^,^ nr ....^^ nn 653-112 Pedestrian S/anal (LED Solid HandlMan Count Down T'.' _..~ lea .01 1 ')J.n nr J.o.:.n nn 670-5-110 Trame ControI1er AssemblY CTS2. comoatible) ea 1113988.0C 13988.00 575-1-1 Sod - Bahia Iv 3C '"- ^, ~on nn 1522-1 Iconaete Sidewalk (4- thick) Iv 1f ,;,n nr onn nn ~ Board Ihr 32 7.0C 224.00 Material Mam-uo on non-bld items ~ 4000 600.0C 4600.00 Irotal 120946.00 Irvpical Work Order #2 Irraffle Slanal Reoair Can Item No. Oescriotion Unit Quantitv Unit Cost Extension Troubleshoot malfunction - labor Ihr .01 32.00 1')0 nn Troubleshoot malfunction -labor - overtime hr .01 48.00 192.00 Vehicle - OickUD truck Ihr 4 10.00 40.00 Bucket truck hr :I 35.00 70.00 rd hr :;! 7.00 14.00 1665-11 Pedestrian Detector ea 1 171.00 171. 00 632-6-1 Cable (Slana\) (Minor World If 20C 5.35 1070.00 659-101 Siona! 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N :;0 .. r!" ~ .. r!' ~ .. r!' ~ ~-~ ~~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~. ~~~ ~~ ~ ~ ~ ~" _ ~ ~~I.W ~ -- ..... ..... o ~ ~C\-o C\ NN N..... ~I.W ~- ~~ N~ ~ ~ ....~ ~ ? ? ? ?' ~ ~ ? ? ? ~ ? ? ?C :--J ?C !'J ~ ~ =00 OI.W 00 00 00 00 00 00 ~ ~~ =00 00 00 00 00 00 00 00 ~~ a, ~~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ w ..... ~~~ b ~-- ~ ~ ~OUl ~ ~~ ..... ~I.W ~..... -O~ NI.W ~OO OUl __ ~~ OUl 00 N~ ~N =00 o~ 00 00 00 00 00 00 000 OUl 00 00 00 00 00 00 (0 A ~e d I en ~ o. 1E B a Iv1c y 5 2 DO (0 1~ 0 1) "",~" "!' ~;""~...,, ~j .,!l'f;':"/,"~<'~ ri ~ IT ~""- EXECUTIVE SUMMARY Award bid #04-3651, Livingston Road (Radio Road - Pine Ridge) median landscape improvement construction project to Hannula Landscaping, Inc. in the amount of $989,892.04. OBJECTIVE: To accomplish median landscape improvements on Livingston Road (CR 881)(Radio Road to Pine Ridge Road) in conjunction with the Collier County Landscape Beautification Master Plan. CONSIDERATION: 1. On March 19, 2004, the Purchasing Department sent notices to 40 vendors for the landscaping and irrigation installation of Bid #04-3651, Collier County Landscape Beautification Master Plan, Livingston Road from Radio Road to Pine Ridge Road Median Landscaping Installation. 2. On April 1,2004 at 11:00 am, a non-mandatory pre-bid meeting was held, at which time all prospective bidders had questions answered regarding the bidding documents for this project. 3. On April 20, 2004 at 2:30 p.m. four (4) bids were received and opened. Staff reviewed the unit pricing on the bid tab, and Vila & Son submitted the lowest bid. Vila & Son bid did not provide a licensed pavement contractor or a licensed electrical contractor and was therefore deemed to be a non-responsive and unqualified bidder. At the pre-bid meeting, bidders were notified to list all licensed subcontractors (Collier County Ordinance 87-25 /'~ as referenced in Part B-Instructions to Bidders, Section 15, Use of Subcontractors). 4. Staff deems Hannula Landscaping, Inc. to be the lowest, qualified, and responsive bidder, and therefore recommends award of this bid to Hannula Landscaping, Inc. 5. Through negotiation and value engineering, Hannula Landscaping Inc. lowered the installation costs to a base bid amount of $891,056.64. Staff recommends including in this award, Section XII General Project Alternative Bid Item #3 Mulch (Pine Straw) for $16,659.90, Section VII Retention Ponds, Floating AeratorslFountains: Items #1 and #2 for $34,280.00, Section IX Retention Ponds, Landscape for $12,962.15, Section X, Retention Ponds-Irrigation $34,933.35. Staff recommends awarding alternate items in the amount of $98,835.40. Although wet rctention ponds were approved at a level B landscaping, it was not budgeted in the Landscape Beautification Master Plan. The additional irrigation is needed around the retention ponds to maintain donated plant material. Staff is recommending the value engineered base amount and alternates be awarded in the total amount of $989,892.04. (See attachment: Value Engineer Bid Tabulation) There is no contingency available for the project. Originally, the estimate was based on 2 miles of landscaping according to the Landscape Beautification Master Plan, approved on April 22, 2003. The Board approved that the project be extended an additional 2 miles to include the portion of roadway from Radio to Golden Gate Parkway without additional funding. Although we were able to lower the project costs, the Landscape Beautification Master Plan anticipates $309,100 per mile at a level B-C1. The construction costs for 4 miles of landscaping are well below the allocated amount defined in the master plan. Also the medians are 10 feet wider than estimated in the Landscape Beautification Master Plan, this increase in median area also affected the cost. Since this is a new roadway, ,- electrical and water services are not available for irrigation and meter connections driving the cost of utility connections higher than anticipated. Agenda Item No. 1687 May 25, 2004 1 of 41 _._.'........,,,,,,,;',,,.,,,.,....,,....._""....., --.,~..,_. ,";",~",...""'*'-","'.,...."">'",',',".,." Executive Summary Page 2 of 2 FISCAL IMPACT: Total funds needed are $1,100,542.20. The total funds in the amount of $734,023 are available in the Landscape MSTD General Fund (112) [or Livingston Road (Radio Road - Pine Ridge Road). With the low base bid amount and alternates, the total amount nceded to award this bid to Hannula Landscaping, Inc. is $989,892.04. County costs for the Motorola Central Control Irrigation components ($39,896.18), surge protcction ($1,974.00), effluent tapping fccs ($4,255.00), right-of-way permitting ($600.00), and Florida Power & Light electrical connections ($63,925.00) total $110,650.18 A budget amendment is needed to transfer funds into this project in the amount of $366,519.20 and will come from the following projectslReserves: $101,900 from the MSTD Landscape General Fund Reserves, $153,126 from the Davis Boulevard Phase II project (60098), and $111,493.20 from the Davis Boulevard Phase II Maintenance (62013). Source of Funds are MSTD General Fund Landscape. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid #04-3651,Livingston Road (Radio Road to Pine Ridge Road) median landscape improvement construction project to Hannula Landscaping, Inc., approve the necessary budget amendment, and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. Exhibits: 1. Bid Tabulation .- 2. Hannula Vale Engineering 3. Motorola 4. Hit Products 5. Water Tapping Estimate 6. Florida Power & Light - Agenda Item No. 16B7 May 25, 2004 2 of 41 _,_n COLLIER COUNTY ..'.- BOARD OF COUNTY COMMISSIONERS Item Number 1687 Item Summary Award bid #04-3651.livingston Road (Radio Road to Pine Ridge Road) median landscape improvement construction project to Hannula Landscaping, Inc, in the amount of $989,892.04. Meeting Date 5/25/20049:00:00 AM Prepared By Pamela J. Lulich Project Manager Transportion Services Traffic Operations/ A TM Approved By Traffic Operations and Alt Trans Diane B. Flagg Modes Director Date Transportion Services Traffic Operations/ ATM 5/12/20044:12 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 5/12/200410:26 AM Approved By ~_. Pamela J. Lulich Project Manager Date Transportion Services Traffic Operations/ A TM 5/121200410:20 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 5/14/200411:12AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 5/14/200411:12 AM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 5/14/20042:10 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5/14/20042:19 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/17/20049:40 AM Approved By ",.- James V. 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"'0 ! ~I ! ~ III I i 0 -<i-< -< -<1-< -< -< I Dl 7!:' I i ~ .....1 I f:l ~z I I ! I i .1>0 ~I ~ ~ I", N (I) 0 ! I I 0 ..... (,0) !~ l>> U) :::: 0 ..... 0 !CJ1 ~lil I 8 NI . I Ib ! CJ1, 8! 10 Cll U> lilCll -. Cll < :J (I) _ ~.. Agenda Item No. 1687 .1>0 .1>00 May 25, 2004 20 of 41 .~..,_., . ; ~ I ' I , Ha~ OS 04 10:11a Hannula Landscapinr;, I I.nc. 12391-498-.6818 p. 1 - HANNULA LANDSCAPING, INC. 28131 Quails Nest Lane Bonita Springs, FL 34135 941-992-2210 TO: Transportation Operations Department SENT VIA FAX: 213-5899 ATTN: Pam Lulich FROM: Dale Hannula RE: Bid # 04.3651 Uvingston Road (Radio Road To Pine Ridge Road) DATE: 5-5-04 - Pam: Attached is the "value engineering" for the above referenced project. I have revised the bid schedule to reflect aD of tbe cb.anges. You will note ( ** ) this symbol before each item that was adjusted. The adjustments reOed the following: 1. "Rotor Till" has been changed from 6" & 12" to 4" & 6". 2. "M-Roots" Fertilizer has been deleted and substituted with a granular fertilizer applied as a top dress. 3. The jumbo valve box extensioas, pea gravel, and brick supports at the main line sleeving connections have been deleted. The locator discs and locator tape will be insUlled. 4. The 1.25" conduit for tbe valve wiring bas been deleted. 5. Tree, palm, and shrub sizes have been reduced, and price changes made on both the base bid and alternates. 6. The planting soil backfiB bas been deleted. 7. Quick coupler keys bave been deleted on the base bid. The result of the value engineering is a revised base bid of S 891,056.64. The pine straw mulch totals S 16,659.90 for a total of $907,716.54. Alternates are as shown on the attacbed bid scbedule. Additional savings may be realized by deleting some of the mist heads at the ends of the islands and valves that would run these heads. A preliminary estimate is (224) heads at $39.00 and (10) valves at $306.00 for a total of $11,796.00. This adjustment -- must be subject to a redesign to be sure we have 100% coverage. Agenda Item No. 1687 May 25, 2004 21 of 41 - -_.---_.......- .--- ~--- -..-.--.. Ha~ 06 04 10:11a Hannula Landscapin~, Inc. (239)-498-6818 p.2 Another option is to reduce the main line through the slee'\'es to 2.5" thereby allowing us to reduce the 6" sleeves to a special order 4" pipe that will allow us to fit the 2.5" pipe and coupling through the pipe. This pipe is classified as HDPE SDR 11.5 and has a 4.75" ID allowing us to insert the 3.25" pipe and coupling with a J.5tt clearance. The savings are as foUows: Delete (1803 L.Ft.) Of 6" Sleeves At $26.55 = $ 47,869.65 Add (1803 LFt.) Of 4" SDR 11.5 Pipe At $21.55 == 38,854.65 Total Deduct = S 9,015.00 Note: This savings is subject to availability of the pipe and acceptance by the County. Please call me to meet and discuss tbe 'CyaJue engineering". Thank You, Dale Hannula Agenda Item No. 1687 May 25,2004 22 of 41 "'",,-,---,--_.'".. . -,-~." 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(1J 0 0 0 0 0 en 0 0 0 0 0 0 0 ......~ ... ... .... ... ... .... ~ (jIt .... ~ .... .... ~ .... .... -1)1 o 0. - gg OlD ...... o :::l ...... ..... t.) V> g Ol to) CD to) ..... .... . (II (,1'1 t-) w I\,) -c: m ....... ...... . - (J'I b Ol en ~ en U') N N ..... iv U. ...... to 3 to) to (JII (I) ~ 00 0 ~ UI 8 ~ to 0 (II ..... 00 to Q) (,1'1 w U') 0 c.n ..., ..., CD CD ~ I\,) I\,) <.oJ ~ ~ 0 to 'Il to 01 Ul b b 0 b U. C b b (...l i:.n 0 0 b 0 0 0 -' 8 OIl 0 0 0 0 0 0 0 0 0 (,1'1 0 0 C> 0 0 0 C> - Agenda Item No. 1687 May 25, 2004 29 of 41 -,_.,..,"-,-,---~~-~..._'- ._--"--""""..._~',~.'" ."",~- u "...""""",~"~,.'O'"". "'~-'_'-", www.irri-fctultJ.C07ft I I NAME/ADDRESS . I ~-_...:;.... ", ,-, i COWER COUNTY GOVERNMENT i 2705 SOUl1i HOASESHOE DItIVE i I NAPLES. FLORID . , . ,.~ , f AlTENTION~:~'< j~:', , mo I H .; . .'.u....__-___ ,_.,-,_,:...'-' . , ... -, . l j I I DUE DATE ___~.___..._-.:-.-,_,A- ..' ," '-~ .--- I --_._-~ TERMS REP FOB l PROJECT { r .....,....., ! ..:._-,......, " .,' ._-~ ! 4IW2OO4 i i \ : I .. ' 1 ' COST i TOTAL ........._.,.---1. -_.~.,...~. . ~- 1,415.94 1,435.94 I 22~.()() 21$.00 1..446.20 1,446.10, ~.44 t 648.44 1 111.38 I 11 1-38 t 24~.OO I 490.00 ! ; : I ! i . , ; I , i I , ! ; I ! i I ",-.-.-.." ,~'"'''''' ""'r~- --.-.$..'.~~.'-~" "'---'~'''';'----- . ,........,,--. ._..........~'-~..~ ! , , $4,356.96 ~ ..........'., ........",--~--"C,t---_..... --.->.... .~_...,-_.._._--_..'\.-- ..~ .~........-.._--~~-..,- 1 $0.00 : I i I , . .- .--._.;._........"'-----~---".--- . ~ ~ ..--...----! r ~ TOTAL t ~ $4.356.% i . ...........~w.~-,.-~-~"-' _._ V'Y ..,......,j I ! SIGNATURE i . Attthcniu4 A~em.lC:1 1lt:::1I1 Nu. 16BT I I I NlO'rOROLA May 25,2004 , 30 of 41 i Salts & ~ice i I ,+",.. ;-,;'.....""" ' """".,,,joO~. ~"J\-:';I,'''' ofI'" ;'.-,...... ~'\I'\j~'.l...~ . ' III 003/012 ~, : ::' " ' , I ".' " ,'. , ,,:,',.," '.:, ,: L,i:':,'" PROPOSAL '.." .' ",: I"",":',."".."',....:'.:!"'.0AI2oo4..: :,',,'..-.. ...." "...~.,',:,',....,.,""/',.,'i:':,'.,','-":""'-' . , , ,,':,: ",., ' t : Nct30', J .'; ,..J "!':>J)LH ....': ,,' .,' "?'..~':;}2U> .', _.X.,.... ; "... I" ITEM " i':;~'::;.OESCRIPTION' .'",' , :' , "Qr:i;c:--:;! COST ! TOTAL , '.. ',: i" , ' ....' .' ,,' ':, ",'.:::,' '~--:--', .,.., :..;. ':, .........' ' ," ~,'.:, ,,,: · '...'*~..,o<...._ I ' ',', ;I~ l :' i~=;m,~=i.,~"~l i 'i . 'i:~:l . I.::: \ ii ~I=c I~~~ ''El:.:I, " ~L~: I~! ....~l NM040r0 1....._URF.l!o:4io~3ol>.~~;j:I. \1' l ; 1Il~' ! ~"'~:l.. 1~:77.2 '; .....ii:'r,. " *.+1, ! " t" , 1 .' ',' ..,',,:: ',," ;,\.:, " ',,'; ,';'. ' "; ; .. ; i ',',',' '.' " , : ..,.: ':' . . ,;.. ,,' ": ,,;:, ' ' .>.. : ;:'. ,',..' :':.. '::,'" ,!, t " ,} "; " .""; "', ,:, ,..' " ',..t',:,: ; '!: ! ,: I ti l:'~: ..; ;:~:,=1 ~"' ,.::' " : ~i}-7i::t~:.~~1~:: '7 I I ' ": ' ,I >.' ''': .::'; ,:,'., ,', ' ':. " L.....lf :>,:';,':.1"" '.'," ' f . ' IINSTALLAOOK IS Nc>l;*~~' ;' ,.7'~;, " .: ;:i~"p~"'~' '" < :. · .. ..' , L .' ' , ".:, .' ,,', , '.~ ,":.. " . _ ":.... . .._._ " ..... ,..* _.., '.... , I. " ,'," .'....~ '., ':.. v,.' . ,," ,:' '.., ';'., "',, " ", : " : .::,! -.,.."..-..--.- ,..~. ".,.,:" ::: . ,".' ::: ':: ::I;(t~~OTAL .' . ..."".~ '" ,~..~., ,..",," - ~.._~._.~,_"__~"""'....,'*"'Q'__._e<..,, ~~. ..,.~~~.._-_......-----._. ,,~.. ~,-,-,-- 1 490.00 1 ! i .. , i I ! ~. : 1 , I I l $4.351';'96 ; -,<, ...;: ~ i $0.00 ; ".---1 i $4,356.96 i ...,---_.-,.,1 III 005/007 I 73S.oo , \ "; \ l ; I j ; I i ; i . i \ I i 55.319.% ...<<- ..._-~ $O.<JO I _....,--.,.. ._.~ ,- - -,~~ . --~-_._- !t, "''f1..>>' ' ___u .; ~ Agenda Item No. 1687 , May 25, 2004 35 of 41 * -.".,.,,---..,,-. 'H_'_,"___ .'"'""~.u,"__.._,..'"..,_, .. "^"~"._~ COLLIER COUNIY PUBLIC UTILITIES DMSION 3301 E. Tamiami Trail · Naples, Florida 34112 · (239) 732-2575 · FAX (239) 732-2526 April 22, 2004 Collier County Transportation Operations Department 2700 Horseshoe Drive South Naples, FL 34104 Subject: Livingston Road (Radio Rd to Pine Ridge Rd) Collier County Bid #04-365 I, Meter #1 Effluent Il1lgatioll ~1c.tcr Sizing To Whom It May Concern: Our office has reviewed the revised preliminary effluent irrigation meter sizing information for the above-rcferenced address. Based on the infonnation tbat you supplied to our office, the requestcd t\vo-inch (2.0) effluent irrigation meter meets our minimum requirement and is therefore acceptable. This does not consider any continuous load demand. Since our review is for the minimum size requirement. the engineer should consider all relevant factors before approving the final meter Slze. Yau should apply for the meter with the Public Utilities Customer Service Department located at 2685 S. Horseshoe Drive. An effluent meter tapping fee of$851 will be charged. If you have any further questions or concerns regarding the information contained in this letter or in the attachments, please feel free to contact me at (239) 732-2575. ~~ Barbara A. Olko Administration Assistant C: Pam Libby , Water Distribution Heather Sweet, Utility Billing and Customer Service Wes Hill, Engineering Services Agenda Item No. 1687 May 25,2004 ~.. _ 360f41 c " (- ( C I (" ,. G CI W ... t "\.' -----..-----~----~'~------ r:.IC_....:__...:.._ T_"I\I~.... lo.....:....rn_;........~ ".~: _.'_.. p, ,._~ ,...... COLLIER COUNIY PUBLIC UTILITIES DMSION -- HOl E. Tamiami Trail · Naples, 1101ida 34112 · (239) 732-2575 · FAX (239) 732-2526 April 22, 2004 Collier COlmty Transportation Operations Department 2700 Horseshoe Drive South Naples, FL 34104 Subject: Livingston Road (Radio Rd to Pine Ridge Rd) Collier County Bid #04-3651, Meter #2 Effluent Irrigation Mcter Sizing To Whom It May Concern: Our office has reviewed thc rcvised preliminary effluent irrigation meter sizing information for the above-referenced address. Based on the information that you supplied to our office, the requested two-inch (2.0) cffluent irrigation meter meets our minimum requirement and is ,...-. therefore acceptable. This does not consider any continuous load demand. Since our review is for the minimmn size requircment, the engineer should consider all relevant factors before approving the final meter sIze. You should apply for the meter with the Public Utilities Customer Service Department located at 2685 S. Horseshoe Drive. An effluent meter tapping fee of $851 will be charged. If you have any further questions or concerns regarding the information contained in this letter or in the attachments, please feel free to contact me at (239) 732-2575. Si~~ Barbara A. Olko Administration Assistant C: Pam Libby, Water Distribution Heather Sweet, Utility Billing and Customer Service Wes Hill, Enginecring Services ..""'-~. Agenda Item No. 1687 May 25, 2004 37 of 41 ~. c:: " ( 'I ; t~. .- c:: " t. .. t " -- ----~-~ - - . . _. . _. . ---'-'-- ....,"- . _,'''.N'''''~'' ~,-"p-". .......- COLLIER cOUNIY PUBLIC UTILITIES DMSION 3301 E. Tamiami Trail · Naples, Florida 34112 · (239) 732-2575 · FAX (239) 732-2;26 April 22, 2004 Collier County Transportation Operations Department 2700 Horseshoe Drive South Naples, FL 34104 Subject: Livingston Road (Radio Rd to Pine Ridge Rd) Collier County Bid #04-3651, Meter #3 Effluent frrigatioll Meter Sizing To Whom It May Concern: Our office has reviewed the revised preliminary effluent irrigation meter sizing information for, the above-referenced address. Based on the information that you supplied to our office, the requested two-inch (2.0) effluent irrigation meter meets our minimum requirement and is therefore acceptable. This does not consider any continuous load demand. Since our review is for the minimum size requirement, the engineer should consider all relevant factors before approving the final meter SIze. You should apply for the meter with the Public Utilities Customer Service Department located at 2685 S. Horseshoe Drive. An effluent meter tapping fee of $851 will be charged. If you have any further questions or concerns regarding the information contained in tlus letter or in the attachments, please feel free to contact me at (239) 732-2575. Sinccrcl~y'.. ~~~.Q.9JI~ Barbara A. Olko Administration Assistant C: Pam Libby, Water Distribution Heather Sweet, Utility Billing and Customer Service Wes Hill, Engineering Services Agenda Item No. 1687 May 25, 2004 (~~7 38 of 41 c " " c;. <' .. .. ~ ~' ---- ----. - r:./C_............;..... T_"',I.."",,~ \.";.;__/D_; ~.... ,'_; _....... r:. ~.-.. - COLLIER COUNIY PUBLIC UTILITIES DMSION 3301 E. Tamiami Trail · Naples, Florida 34112 · (239) 732-2575 · FAX (239) 732-2526 April 22,2004. Collier County Transportation Operations Department 2700 Horseshoe Drive South Naples, FL 34104 Subject: Livingston Road (Radio Rd to Pine Ridge Rd) Collier County Bid #04-3651, Meter #4 Effluent Irrigation Meter Sizing To Vvl10rn It May Concern: Our office has reviewed thc revised preliminary effluent irrigation metcr sizing information for the above-referenced address. Based on the information that you supplied to our office, the requested two-inch (2.0) effluent irrigation meter meets our minimum requirement and is therefore acceptable. This does not consider any continuous load demand. Since our review is for the minimum size requirement, the engineer should consider all relevant factors before approving the final meter SIze. Y Oll should apply for the meter with the Public Utilities Customer Service Department located at 2685 S. Horseshoe Drive. An effluent meter tapping fee of $851 will be charged. If you have any further questions or concerns regarding the information contained in this lctter or in the attachments, please feel free to contact me at (239) 732-2575. Sincerely, ~g)ktr Barbara A. Olko Administration Assistant C: Pam Libby, Water Distribution Heather Sweet, Utility Billing and Customer Service - Wes Hill, Engineering Services Agenda Item No. 1687 May 25,2004 -~ 39 of 41 .-.:" c " ( "I ' i (' - c " .. " , ,. ... -----....;=--...-----.,..--_...----........... - - - . , - . . . . ~.~'.... .._---". ._eO.. ,. .._....~, ..-- COLLIER COUNlY PUBLIC UTILITIES DMSION 3301 E. Tamiami Trail · Naples, Florid.134 112 · (239) 732-2575 · E-\..X (239) 732-2;26 April 22, 2004 Collier County Transportation Operations Department 2700 Horseshoe Drive South Naples, FL 34104 Subject: Livingston Road (Radio Rd to Pine Ridge Rd) Collier County Bid #04-3651, Meter #5 Effhent Irrigation Meter Sizing To Whom It May Concem: Our office has reviewed the revised preliminary effluent irrigation meter sizing information for the above-referenced address. Based on the information that you supplied to our office, the requested two-inch (2.0) effluent irrigation meter meets our minimum requirement and is therefore acceptable. This does not consider any continuous load demand. Since our review is for the minimum size requirement, the engineer should consider all relevant factors before approving the final meter SIze. You should apply for the meter with the Public Utilities Customer Service Department located at 2685 S. Horseshoe Drive. An effluent meter tapping fee of$851 will be charged. Tfyou have any further questions or concerns regarding the information contained in this letter or in the attachments, please feel free to contact me at (239) 732-2575. Sincerely, ~ct-Q~ Barbara A. Olko Administration Assistant c: Pam Libby, Water Distribution Heather Sweet, Utility Billing and Customer Service Wes Hill, Engineering Services Agenda Item No. 1687 May 25, 2004 ~ 40 of 41 .- c " I t ~.; ,. .' c:;. ., .. .. to Y ---- --. ,...,.,..-~_..~-_.... "'''.,.,-'":.- .......-.. ..... . . i -~. ~ E. B. 51MMOND5 4406 Exchange. Avenue #105 Electrical, Inc. N.ples (239) 643-2770 Naples, Florida 34104-7024 STREET LIGHTING . UTILITIES . GENERATORS INDUSTRIAL AND COMMERCIAL Estimate and Contract REVISED TO: Collier County Government May 10. 2004 Traffic Operations and A TM (Alternative Transportation Modes) Quote #0041 0345 2705 South Horseshoe Drive . Naples, FL 34104 . Phone: (239) 213-5886 Fax: (239) 213-5899 f~ E\' J S ~ l) Attention: Darryl Richard We hereby submit specifications and estimates for: Electrical Service for Livingston Road I Radio to Pine Ridge, Bid 04-3623 Service #1 .59,500.00 Service #2 - $15,625.00 Service #3 - 514,150.00 Service #4 .59,000.00 Service #5 - 515,650.00 10421 Livingston Rd. 10958 l,-iyipgston Rd. 11545 Livingston Rd. 12295 Livingston Rei. 13039 Livingston Rd looA, I-Phase l00A.. '-Phase! lOOA, 3-Phase l00A, 3-phase looA, 3-phase (3-phase not available) ISO' directional bore 150' directional bore FPL charges FPL charges FPL charges 900' open trench 150' open trench (up to $1,250.(0) (up to $1,250.00) (up to Sl,250.op) FPL charges FPL charges C'~ \\ (uptoSl,250.00) (up to $1,250.(0) ~ ~~\c -r- 50 ~,~ ~~ '\ oi;li \ 0. , \ \ , \ "SS stA 'bd-. S1 ~. \ ~t) . Total Material, Equipment, Labor, and M.O.T. $63 925 00 Above services include permitting and: Fill dirt (ifneeded) Sod (if needed) FPL charges " Concrete slab Senice lateral Equipment hook-up Note: this figure is for budget purposes only. Invoice will be based on time and material and will be itemized per Annual Contract. THIS CONTRACf EXCLUDES ANY & ALL PERMIT, INSPECfION, IMPACf AND UTILITY FEES. ALL AMOUNTS EXPRESSED AND TO BE PAID IN US DOLLARS. PRICE DOES NOT INCLUDE ROCK REMOVAL OR DRILLING WHEN EXCAVATING. We hereby propose to furnish the above complete in accordance with the above specifications for the sum of Sixty -Three Thousand Nine Hundred Twenty-Five and 0011 00 Dollars. Payment to be made as fofollows: In full upon completion It is the responsibility of the purchaser/owner to provide adeqlUlte access to the job site. If during the course of the job it becomes necessary to traverse sidewalks, driveways, grass or sod. flowerbeds, sprinklers. etc. Every effort will be made to avoid any damage. Should breaks occur as a direct result of our machinery, repairs may be made at additional cost to the owner. All material used in this contract is guaranteed to be as specified, and the entire job iso be done in eat and substantial manner. Any alteration or deviation from the specifications herein agreed upon involving extra cost of labor and material wi! executed upon either a \\ntten or verbal order for same, and will become an extra charge over the sum mentioned in this contract Purchll! grees to pay interest char of I 1/2% per month which is an annual rate of 18%. In the event payment is not made, purchaser agrees t 8r. and expenses of co tion including interest and attorneys fees. Signed by ACCEPTANCE OF ESTIMATE The foregoing tenos, specifications and conditions are satisfactory, and the same are hereby accepted and agreed to, and hereby authorize you to execute the same. Agenda Item No. 1687 Date Signed by May 25. 2004 41 of 41 - EXECUTIVE SUMMARY Approve Professional Services Agreement No. 04-3587 in the amount of $833,297 for design services to be provided by American Consulting Engineers of Florida, LLC, for capacity improvements to County Barn Road from Rattlesnake Hammock Road to Davis Boulevard, County Project No. 60101 OBJECTIVE: To obtain Board approval of the negotiated Professional Services Agreement with American Consulting Engineers of Florida, LLC, for design and engineering services for roadway and capacity improvements to County Barn Road from Rattlesnake Hammock Road to Davis Boulevard, including improvements to the intersection of County Barn Road and Davis Boulevard. CONSIDERATIONS: The Board of County Commissioners approved the 5 Year Transportation Work Program at their workshop of December 20, 2002. The approved Work Program included capacity improvements to County Barn Road from Rattlesnake Hammock Road to Davis Boulevard. A Request for Proposals (RFP #04-3587) was issued on October 24, 2003, for design services required for the proposed project. Notices were sent to 165 firms with three fIrms submitting proposals by the due date of -- December 5, 2003. On January 13, 2004, the Board approved a shortlist of the three fIrms for contract negotiations, Agenda Item (16)(B)(5), with American Consulting Engineers of Florida, LLC, ranked fIrst of the three fmns. Staff negotiated a fair and reasonable fee of $833,297 which includes optional services in the amount of $65,290. This fee is a reduction from $994,555 ftrst proposed which included $62,867 in optional services. This is a negotiated reduction of 17.6% in the fee for basic services. FISCAL IMPACT: Funds in the amount of $833,297 will come from Transportation Supported Gas Tax and Impact Fees. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Capacity improvements to County Barn Road are currently identified on the Capital Improvement Plan, crn No. 33, and are consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve a Professional Services Agreement with American Consulting Engineers of Florida, LLC, in the amount of $833,297 for design and engineering services for roadway and capacity improvements to County Barn Road from Rattlesnake Hammock Road to Davis Boulevard, and authorize the Chairman to the sign the standard, County Attorney approved agreement. - Agenda Item No. 1688 May 25, 2004 Page 1 of 2 ~_~'"""'U"._"''' ,.'. .,......'-.".;.,."_"'...,...""'H....,..-,"'."...".,.,,.".' , ".~__._.o",.._.._.._'...,',.....'..._~,_ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -~_. Item Number 1688 Item Summary Approve Professional Services Agreement No, 04-3587 in the amount of S833,297 for design services to be provided by American Consulting Engineers of Florida, LLC. for capacity improvements to County Barn Road from Rattlesnake Hammock Road to Davis Boulevard, County Projecl No, 60101 Meeting Date 5125/2004 9:00:00 AM Prepared By Allen R. Ruth. P.E. Senior Project Manager Transportion Services Transportation Engineering and Construction Approved By Eugene Calvert Principal Project Manager Date Transportalions Services Transportation Engineering and 5/10/200411:50 AM Construction Management Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 5111/20042:39 PM Approved By Gregg R, Strakaluse Transportation Engineeringl Date Construction Mgmt Director Transportation Engineering and 5/12/200410:05 AM Transportion Services Construction Approved By - Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 5/12120042:01 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 5/13/2004 3:06 PM Approved By Senior Purchasing and Contracts Kelsey Ward Agent Date Adminislrative Services Purchasing 5/13/20043:00 PM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 5/14120042:23 PM Approved By Nonn E. Feder, AICP Transportation Division Administrator Dale Transportion Services Transportation Services Admin. 5/14/20042:34 PM Approved By - Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 511412004 5:00 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/17/20049:58 AM ;.-"''', Approved By James V. Mudd County Manager Dale Board of County Commissioners: County Manager's Office 5/17/20047:01 PM , Agenda Item No. 1668 May 25, 2004 Page 2 of 2 __'M -_.,"--_.._,~ "'-,."".,....",",-, /..........., EXECUTIVE SUMMARY Approve the purchase of 2.96 acres of land required for a stormwater retention and treatment pond for the Santa Barbara Boulevard Expansion Project, No. 62081. (Fiscal impact: $316,700.00.) - OBJECTIVE: Obtain the Board of County Commissioners' approval to purchase land for a stormwater retention and treatment pond required for the Santa Barbara Boulevard Expansion Project. CONSIDERATIONS: On October 22, 2002, the Board of County Commissioners approved Resolution No. 2002-442 authorizing the acquisition by gift or purchase of right-of-way and stormwater retention and treatment pond sites which will be required for the construction of roadway, drainage and utility improvements to Santa Barbara Boulevard (Project No. 62081) from Davis Boulevard to Pine Ridge Road. At the Santa Barbara/Logan Boulevard Workshop on April 16, 2003 the Board of County Commissioners directed staff to make variations to the original plans for the 6 laning of Santa Barbara. The 60% plans that incorporate those changes were received January 2004 and show that the need for the stormwater retention ponds required for the improvements did not change. - Because the properties selected for stormwater retention ponds are currently unimproved, it has been our goal to purchase these properties before building permits are sought by their owners. With that in mind, the Transportation Engineering and Construction Management Department has diligently negotiated with the property owners of these parcels since February 2003. The property owners of the subject parcel and their attorney have been working with the County in order to reach an agreement that is favorable to both sides. The latest appraisal performed on this property for the County was dated February 2003 and valued the property at $80,000.00 per acre. Market data suggests that Estates properties in this area are increasing in value at approximately 24% per year. The appraiser hired by the property owners concluded that the property was valued at $105,000.00 per acre. Taking into account all reliable market data and the costs associated with condemnation, staff has negotiated a settlement for full and fair compensation with Nancy Atwell and Keith Reed in the total amount of $315,000.00 for the purchase of 2.96 acres described as the South 150 Feet of Tract 105, Golden Gate Estates Unit 30, and for all other damages and expenses, including attorney fees and expert witness costs, in connection with the conveyance of said easement. The property owners indicated that $20,000.00 would be allocated for these fees and costs. The settlement amount equates to $99,662.16 per acre. FISCAL IMPACT: Funds in the amount of $316,700.00 will come from the Transportation Supported Gas Tax Fund and Impact Fee Funds. (Total amount includes the $315,000.00 purchase price and $1,700.00 for the approximate cost of title insurance and recording fees.) Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's Growth - Management Plan. Agenda Item No. 16B9 May 25, 2004 Page 1 of 6 -"'''''''--'~''''''..._".,,..,,-,,,,,.p,.,,".,,",.....,~,~ ,..<.....,..,.......0.".".,..,."....."'_...."........".-,,_ RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the attached Purchase Agreement; 2. Authorize its Chairman to execute same on behalf of the Board; 3. Authorize the payment of all costs and expenses necessary to close the transaction; 4. Accept the conveyance of the property via Warranty Deed and authorize staff to record same in the public records of Collier County, Florida; and 5. Approve any and all budget amendments required. - .......... Agenda Item No. 1689 May 25, 2004 Page 2 of 6 -...,..,- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ._, Item Number 16B9 Item Summary Appreve the purchase of 2,96 acres 01 land required fer a stormwater retention and treatment pond for the Santa Barbara Boulevard Expansion Project. No, 62081. (Fiscal i!'Jl;Jact: S316,700.00,) Meeting Date 5125/2004 9:00:00 AM Prepared By Debbie Armstrong Property Acquisition Specialist Transportion Services TEeM.ROW Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Engineering and Transportion Services Construction 5/1112004 3 :22 PM Approved By Tad Pluc Project Manager Date Transportion Services Transportation Engineering and 5/1112004 3:36 PM Construction Approved By Ellen T. Chadwell Assistant County Attorney Date County Manager's Office County Attorney Office 5112/200412:05 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Service. Transportation Administration 5/12/2004 1 :59 PM Appro,'ed By - Sharon Newman Accounting Supervi.or Date Transportion Services Transportation Administration 511212004 4:40 PM Approved By Gregg R. Strokaluse Transportation Engineeringl Construction Mgml Director Date Traosportion Services Transportation Engineering and Construction 51121200410:05 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transpor1ion Services Transportation Services Admin. 5/13/20041 :37 PM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 5114/20042:50 PM Appro,'ed By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5114/20044:08 PM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 5/14/20045:04 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/17/2004 11 :40 AM Approved By _. James V. Mudd County Manager Date Board of County Commifisionel'5 County Manager'. Office 5/17120047:11 PM Agenda Ilem No, 1689 May 25. 2004 Page 3 of 6 "'-'-~~-< PROJECT: 62081 PARCEL NO: 142 FOLIO NO: 38169480009 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this _ day of , 2004, by and between NANCY ATWEll, a single woman, and KEITH REED, a single man (hereinafter collectively referred to as "Owner"), whose address is 6177 Star Grass Lane, Naples, FL 34116-6709 and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as 'Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described as: The South 150 feet of Tract 105, Golden Gate Estates, Unit No. 30, according to the plat thereof recorded in Plat Book 7, Page 58, of the Public Records of Collier County, Florida. (hereinafter referred to as the .Property"); and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $315,000.00 payable by County Warrant (said transaction hereinafter referred to as the 'Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as may be provided for in Chapter 73, Florida Statutes. The Owner hereby authorizes Purchaser to make payment in the amount of $315,000.00 to American Government Services Corp., as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property, and further authorizes the settlement agent to disburse $20,000,00 of the Purchase Price directly to Trust Account, Law Office of Bella Patel, P.A. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions andlor qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. - 3. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. Agenda Item No. 1689 May 25, 2004 Purchase Agreement Page 4 of 6 -'" Purchase Agreement Page 2 4. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or .C?ovenants not contained herein. 5. Owner is aware and understands that the .offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of tille. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, -"- claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Purchaser shall pay for all recording fees for the Warranty Deed, and for any and all costs and/or fees associated with securing and recording any Partial Release{s) of any mortgagees) recorded against the property, and for the fees to record any curative instruments required to clear title, except for any and all costs and expenses required to secure and record releases and/or satisfactions from judgment creditors, which fees, costs and/or expenses shall be the responsibility of the Owner. In accordance with Statutory exemptions prohibiting payment of documentary stamp taxes by Purchaser, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the --. Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) Agenda Item No. 1689 May 25, 2004 Page 5 of 6 --.+ .--..-. ...-.-- ",,--",., "'"'"'-- Purchase Agreement Page 3 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of ,2004. Property acquisition approved by BCC pursuant to Resolution No. 2002-442, October 22, 2002. AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk Donna Fiala, Chairman AS TO OWNER: DATED: ,-b:::~'~ [)~~ Witness (Signature) NANCY ATwELL UFP,f{ ,~ Mk <;-r-,(r,";( ~ Name (Print or Type) AS TO OWNER: i1~ ~~ Witness (Signat~~ KEITH REED [)",rV{,t= At(H'5'1"{(t!U(, Name (Print or Type) Approved as to form and le~iCienCy: ~~ Ellen T. Chadwell Assistant County Attorney Agenda Item No. 1689 May 25, 2004 Page 6 of 6 Executive Summary -, Recommendation to Approve Selection of Qualified Firm and A ward a Contract Under ITQ 04-3583 "CEI Services for Collier County Road Projects" for Project No. 69068 "13th Street SW" in the amount of $248,408.56. OBJECTIVE: To engage professional Construction Engineering and Inspection (CEI) Services from highly qualified firms for upcoming Collier County Road Projects in a cost effective manner. CONSIDERA nONS: On October 29, 2003, the County published an Invitation to Qualify (ITQ) to provide CEI services for upcoming County road projects in accordance with Horida Statute 287.055, Consultant Competitive Negotiation Act. Invitations to Qualify (ITQ) were sent out to 166 engineering firms, 25 vendors requested full proposal packages and 12 rcsponded to the proposal. A selection committee reviewed the 12 proposals that were received by the due date of November 21, 2003 and by consensus short-listed 9 firms as qualified to receive subsequent ITN (Invitation to Negotiate). The first ITN was issued on January 7, 2004 with a deadline for response of January 30, 2004 for Project 69068 13th Street SW. One firm, HDR Construction Control Corp., responded with a proposal. A Selection Committee meeting was held on March 3, 2004 , and by consensus, the firm was selected for the project. Staff has successfully completed contract negotiations with the firm. -, FISCAL IMPACT: Funding in the amount of $248,408.56 is available in the Transportation Supported Gas Tax Fund under project 69068. Source of funds are Gas Taxcs. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the selection of HDR Construction Control Corp. for award of this project contract and authorize the Chairman to sign a standard, County Attorney approved contract. ..- Agenda Item No. 16810 May 25, 2004 Page 1 of 2 -- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number 16B10 Item Summary Recommendation to Approve Selection of Qualified Firm and Award a Contract Under ITQ 04-3583 "CEI Services for Collier County Road Projects. for Project No. 69068 "13th Street SW- in the amount of $248,408.56. Meeting Date 5/25/2004 9:00:00 AM Prepared By Lynn R. Thorpe, P.E. Principal Project Manager Transportlon Services Transportation Engineering and Construction Approved By Sharon Newman Ac;counting Supervisor Date Transportlon Servlc;es Transportation Administration 5/12/2004 3:52 PM Appro\'ed By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 5/12/2004 2:39 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 5/17/2004 2:06 PM Approved By Senior Purchasing and Contracts Kelsey Ward Agent Date ,- Administrative Services Purc;haslng 5/17/200412:17 PM Approved By Diane Perryman executive Secretary Date Transportion Services Transportation Services Admin. 5/18/20045:58 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 5/19/20048:50 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5119/2004 9: 14 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5119/20049:40 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office or Management & Budget 5/19/20049:44 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/19120049:48 AM .- Approved By Gregg R. Strakaluse Transportation Engineering/ Construction Mgmt Director Date Transportlon Services Transportation Engineering and Construction Agenda Ite~.q ~U)AM Mav 25. 2004 Page 2 of 2 .'-'.-"" ._~- -....- _....~ .- EXECUTIVESU~ARY Recommendation that the Board of County Commissioners approve the selection and award of the Capacity, Maintenance, Operations, and Management (CMOM) and Staff Optimization Assessment Contract in the amount of $59,618, plus contingency of $12,382, for a project budget total of $72,000, Project 72517 OBJECTIVE: To comply with anticipated EPA requirements with regard to the Sanitary Sewer Overflow (SSO) Rule. CONSIDERATIONS: Public Utilities anticipates that the EPA will require CMOM programs as a further enforcement measure of the SSO Rule. The CMOM program is intended to provide a structured plan for wastewater utility management to optimize system performance and to identify work practice areas that require specific plans and capital improvements to avoid SSOs. The CMOM assessment will have a deliverable of an Assessment Report, containing identified priorities, recommendations for future actions, and documents for demonstrating CMOM compliance when the future programs are in place. Following the assessment phase of CMOM, an implementation phase will be enacted as a separate project in FY05. This project was included in the 2003 Wastewater Master Plan update that is pending Board approval on May 25, 2004. - RFP-04-3958 was posted on December 1, 2003. Each of the six proposing firms was subject to proposal evaluation and ranked on February 4th, 2004. Because the initial rankings were very close, staff decided to request presentations from the top three firms, which occurred on February 26, 2004. After interviewing, scoring, and ranking, the firms were selected for the short list as follows by consensus of the members. 1. RJN Group 2. Malcolm Pirnie 3. TBE Group Negotiations have been conducted with RJN Group. The price was negotiated down to 49% of the original proposal. The revised total cost of $59,618 is for the CMOM Assessment as a lump sum work item at $49,618, and Staff Optimization at $10,000 as a time and materials item. FISCAL IMPACT: The negotiated cost to perform the scope of work is $59,618. The source of Funds is Fund 414, Sewer User Fees. This project is consistent with the 2002 Wastewater Master Plan Update adopted by the Board on February 25,2003, Agenda Item 10 (B), and with the 2003 Wastewater Master Plan that will be presented for adoption this May 25, 2004. ~,- Agenda Item No. 16C1 May 25, 2004 Page 1 of 3 .-..... ........,_._..'"_.~."., " "'""'.,,,-,,,,,-,,_",__,~',44,,'''''',r.''' ..._q.,',_.,._",....~i..'," --".~---,-_.,~-...,_._.,~" -'-'--'---~-- Executive Summary CMOM Award Page 2 This project was not included in the department's fiscal year 2004 budget. Instead it is being initiated by budget amendment, which included a contingency. CMOM is an anticipated EPA regulation. This uncertain status leaves open the possibility that requirements may still changc from thc EP A guidancc prcscntcd to-date. Thc budgct amcndmcnt includcs a contingency of $12,382 above the contracted study amount, which may be necessary to bring the project to successful completion. Funds in the amount of $72,000, the study cost plus the contingency, are available in the Wastewater Capital Projects User Fees (Fund 414) in Project 74075 ("Eagle Lakes Reclaimed Water Pump Station"). GROWTH MANAGEMENT IMPACT: This project does not impact the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District: a) Approve the selection of and award the contract for CMOM and Staff Optimization to RJN Group for $59,618, plus a contingency of $12,382. .-. b) Authorize the Chairperson to sign the standard Professional Services Agreement after review and signature from the County Attorney - ~."-" Agenda Item No. 16C1 May 25, 2004 Page 2 of 3 R'__. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number 16C1 Item Summary Recommendation that the Board of County Commissioners approve the selection and award of the Capacity, Maintenance. Operations, and Management (CMOM) and Staff Optimization Assessment Contract in the amount of $59,618, plus contingency of $12,382, for a project budget total of $72.000, Project 72517. Meeting Date 5/25/2004 9:00:00 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 5/10/2004 5:09 PM Approved By Thomas Wldes Operations Director Date Public Utilities Public Utilities Operations 5/11/200410:32 AM Appro\'ed By Ron Hovell Special Projects Manager Date Public Utilities Public Utilities Engineering 5/1112004 11 :12 AM Approved By James W. OeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 5/11/2004 4:58 PM Approved By -. Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5/12/20049:12 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5/14120045:14 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Offic;e Office of Management & Budget 5/18/2004 8: 12 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/18/20048:38 AM Approved By Roy B, Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 5/512004 5: 13 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 5/5/20049:03 AM Approved By Joseph B. Cheatham Wastewater Director Date Public Utilities WasteWater Treatment 5n12004 9:03 AM - Agenda Item No. 16C1 May 25, 2004 Page 3 of 3 -.-'.< "-,-~.~ .'--- - EXECUTIVE SU~ARY Approval of Settlement Agreement Between TBE Group, Inc., Sprint Communications, Inc., Collier County, Florida and Florida Department of Transportation, as to FIN Project #195378-1-52-01 & 195380-1-52"..01, Contract #20534, US41, Collier County, Florida. OBJECTIVE: To secure Board of County Commissioners' approval of a settlement agreement between TBE Group, Inc., Sprint Communications, Inc., Collier County, Florida and Florida Oepartment of Transportation, as to FIN Project #195378-1-52-01 & 195380-1-52-01, Contract #20534, US41, Collier County, Florida. (A copy of the proposed agreement is attached hereto as Exhibit "A"). CONSIDERATIONS: Between September 1999 and January 2002, a number of construction difficulties occurred on this project that consisted of the widening of 7.44 km of US 41 from Gulf Park Drive to CR 887, (hereinafter "the Project"), with great dispute regarding which party was at fault Collier County will be absolved of any blame by virtue of entering into this agreement and will not have to pay the approximately $101,090.78, an outside consultant concluded was its share of the damages. Collier County will also keep the $112,857.02 in reimbursable funds on the project held in escrow. As a brief background on the circumstances underlying this settlement, in November 2001, - FDOT made significant monetary claims against TBE, Sprint and Collier County arising out of various conflicts that arose during the construction of the Project, and for which FOOT paid its construction contractor impact and acceleration damages in excess of $2,000,000.00. In February 2004, FDOT has made revised settlement demands against TBE, Sprint and Collier County for a combined total of $542,619.86. In addition, Collier County has previously made a related demand against FOOT in the amount of $94,298.25. This settlement is expressly intended to fully and finally resolve all of the respective matters among the parties hereto, as well as any othcr matters among thc parties arising out of or related to the Projcct. The parties will agree as follows: 1. TBE will make a single payment to the FOOT in the amount of $410,391.53. 2. TBE also agrees to provide a total of $25,000.00 in "in-kind" services. 3. The parties will release, waive, and discharge each of the other named parties hereto. FISCAL IMPACT: Collier County will neither pay $101,090.78 to FOOT nor receive $94,298.25 from FOOT. FOOT will refund to Collier County the $112,857.02 balance of its escrow account. .- Agenda Item No. 16C2 1 May 25, 2004 Page 1 of 6 ---.,. ..--.'..- -..".,"",.;_..._~._-- . ~-".. _.'__11."""""'" GROWTH MANAGEMENT IMP ACT: There is no impact. RECOMMENDATION: That thc Collicr County Board of County Commissioncrs authorizc thc Chairman of the Board of County Commissioners to execute the settlement agreement on behalf of the Board for the County. ,- - Agenda Item No. 16C2 2 May 25, 2004 Page 2 of 6 - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number 16C2 Item Summary Approval of Settlement Agreement Between TBE Group, Inc., Sprint Communications. Inc., Collier County, Florida and Florida Department of Transportation, as to FIN Project #195378-1-52-01 & 195380-1-52-01, Contract #20534, US 41. Collier County, Florida. Meeting Date 5/25/2004 9:00:00 AM Prepared By Jacqueline W. Hubbard Assistant County Attorney County Manager's Office County Attorney Office Approved By James W. OeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 5/11/20044:59 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operallons 5/11/2004 10:42 AM Appro\'ed By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5/13/20049:44 AM Appro\'ed By Michael Smykowskl Management & Budget Director Date - County Manager's Offic;e Office or Management & Budget 5/14/2004 11 :21 AM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 5/14/20044:10 PM Approved By Roy 8, Anderson. P.E. Public Utilities Engineering Director Date Public Utilities Public; Utilities Engineering 5/5/2004 5:31 PM Approved By Jacqueline W. Hubbard Assistant County Attorney Date County Manager's Office County Attorney Office 5/6/2004 2:42 PM Approved By William O. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 5/7/20044:36 PM ,,- Agenda Item No. 16C2 May 25. 2004 Page 3 of 6 .-.---'- ---- SETTLEMENT AGREEMENT BElWEEN TBE GROUP, INC., SPRINT COMMUNICATIONS, INC., COLUER COUNTY FLORIDA, and FLORIDA DEPARTMENT OF TRANSPORTATION, as to FIN Project #195378-1-52-01 It 195380-1-52-01. Conb'act #20534. US41. Collier County. Florida THIS AGREEMENT is entered into by and between TBE GROUP, me. (hereinafter "TBE"), SPRINT COMMUNICATIONS, INe. (hereinafter "SPRINT'), COLLIER COUNTY FLORIDA (hereinafter "COLLIER COUNTY"), and the FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter "DEPARTMENT"), to settle any and all accounts, claims, causes of action, issues, demands, disputes, matters or controversies, of any nature or kind, known or unknown, that either party has, or may have, as against one or more of the other parties hereto, as to, arising out of, or in any way pertaining to the DEPARTMENT's FIN Project #195378-1-52-01 & 195380-1-52- 01, Contract #20534, US41, Collier County, Florida (hereinafter "the Project"), or as to, arising out of, or in any way pertaining to any joint project agreements or other contracts either party may have had with a party or other non-party entity that involved work performed or to have been performed within the limits of construction of the Project during the time the Project was actually being constructed. As a brief background on the circumstances underlying this settlement, the DEPARTMENT has previously made significant monetary claims against TBE, SPRINT and COLLIER COUNTY arising out of various alleged utility conflicts that arose during the construction of the Project, and for which the DEPARTMENT paid its construction contractor impact and acceleration damages in excess of $2,000,000.00. Most recently, the DEPARTMENT has made revised settlement demands against TBE, SPRINT and COLLIER COUNTY for a combined total of $542,619.86. In addition, COLLIER COUNTY has previously made a related demand against the DEPARTMENT for monetary claims arising out of alleged impacts the DEPARTMENT or its construction contractor caused to COLLIER COUNTY's JP A contractor during the course of the Project. This scttlemcnt is cxprcssly intcndcd to fully and finally rcsolvc all of thc respective matters among the parties hereto, as well as any other matters among the parties arising out of or related to the Project. As consideration, the sufficiency and receipt of which is hereby acknowledged by execution below, the parties respectfully bind themselves and agree as follows: 1. TBE will make a singlc paymcnt to thc DEPARTMENT in thc amount of $410,391.53. Such payment shall be made payable to "Florida Department of Transportation" and delivered to the DEPARTMENT's attorney, E. Clay McGonagill, Jr. The payment shall be issued and delivered within 14 calendar days of the full execution of this Agreement by all parties. This payment is being made by TBE for the collective benefit of TBE, SPRINT and COLLIER COUNTY. 2. In addition to the payment referenced in Para. 1 above, TBE agrees to provide a total of $25,000.00 in "in-kind" services at no-cost to the DEPARTMENT, such "in-kind" services to be provided on future contracts TBE enters into with the DEPARTMENT's District One, Bartow, Florida, offices. The maximum "in-kind" credit to be allowed on any single future contract shall not exceed five (5) percent of the total contract value for that contract. Agenda Item No. 16C2 Page 1 of 3 May 25,2004 Page 4 of 6 ,..--, 3. TBE, SPRINT, COLLIER COUNTY and the DEPARTMENT each hereby fully release, waive, and discharge each of the other named parties hereto, their respective officers, employees, and agents, as to any and all accounts, claims, causes of action, issues, demands, disputes, matters or controversies, of any nature or kind, known or unknown, that either party has, or may have, as against one or more of the other parties hereto, as to, arising out of, or in any way pertaining to the Project, or as to, arising out of, or in any way pertaining to any joint project agreements or other contracts either party may have had with a party or other non-party entity that involved work performed or to have been performed within the limits of construction of the Project during the time the Project was actually being constructed; save and except the obligations of TBE referenced in Paragraphs 1 and 2 above. 4. It is understood and agreed that this Settlement Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and/or 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 Settlement Agreement that are not contained in this document. Therefore, it is agreed that no deviation from the terms hereof shall be predicated upon prior representations or agreements, whether oral or written. 5. The parties agree that no modification, amendment or alteration to the ,- terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal dignity herewith. 6. Any questions or matters arising under this Settlement Agreement as to validity, construction, enforcement, performance, or otherwise, shall be determined in accordance with the laws of the State of Florida. 7. This Scttlcmcnt Agreement shall not be construcd morc strongly against either party, regardless of who was more responsible for its preparation. 8. The parties to this agreement agree and acknowledge that this agreement is a result of compromise and should not in any way be construed as an admission by the parties of any liability or responsibility to any person or entity. This Scttlcmcnt Agrccment shall be effcctivc on the last date of exccution hcrcof by a party. .- Agenda Item No. 16C2 Page 2 of 3 May 25, 2004 Page 5 of 6 '-' ~~_.._. .."~-~-_. ----- ..,,-_.."~- TBE GROUP, INC. SPRINT COMMUNICATIONS, INC. By: By: Title: Title: Date: Date: COLLIER COUNTY FLORIDA FLA. DEPT. OF TRANSPORTATION By: By: Title: Title: Date: Date: Agenda Item No. 16C2 Page 3 of 3 May 25. 2004 Page 6 of 6 ,~,- EXECUTIVE SUMMARY Approve an interlocal agreement with the City of Naples for fund sharing in the amount of $300,000 for the Norris Community Center project Objective: To provide financial assistance to the City of Naples in developing quality recreation facilities. Considerations: The City of Naples has recently completed a new Norris Community Center facility at Cambier Park. The City requested financial assistance for the project during the FY 03 budget process and was granted $300,000. Staff prepared an interlocal agreement codifying the County's contribution and assuring that no surcharge to non-city residents of Collier County for the use of the Norris Center will be assessed during the useful life of the improvements, which is deemed to be twenty years. City of Naples City Council approved thc agrccmcnt on April 13, 2004. ,- FiscallmDact: Funds are budgeted with Parks Improvements CIP Fund (306) under the Norris Community Center Reconstruction project (80010). Source of funds is ad valorem. Growth Manaaement ImDact: The Norris Community Center is not inventoried in the Collier County Growth Management Plan Recommendation: That the Board of County Commissioners approve the intcrlocal agreement with the City of Naples for fund sharing in thc amount of $300,000 for thc Norris Community Center project. - Agenda Item No. 16D1 May 25, 2004 Page 1 of 4 ,-.... .--.-...._'__.....c,......'"""'.._.."'..,.".,.,, _ '. ,..,.".,""",.;.,.,,,..,..,....,...,,.,,,,,.,.....;...,,,.-,"'..-.,.".........~"",........_._.. --- - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16D1 Item Summary Approve an interlocal agreement with the City of Naples for fund sharing in the amount of $300,000 for the Norris Community Center project. Meeting Date 5/25/2004 9:00:00 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 4/28/2004 4:37 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Comm issioners 5/12/20046:45 PM Approved By John Dunnuck Public Services Administrator Date - Public Services Public Services Admin. 5/13/20041:51 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5/6/20048:57 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/6/20043:31 PM ,- Agenda Item No. 1601 May 25. 2004 Page 2 of 4 -'-..'.~" ~~. . . -- ,.-- ! INTERLOCAL AGREEMENT FOR FUND SHARING: NORRIS COMMUNITY CENTER PROJECT THIS INTERLOCAL AGREEMENT, is entered into by and between Collier _ County, a political subdivision of the State of Florida (hereinafter referred to as the "County")~ and the City of Naples, (hereinafter referred to as the "City"); WITNESSETH: WHEREAS, the Board of County Commissioners for Collier County has approved funding assistance to the City of Naples for the Norris Community Center Project~ and WHEREAS, this funding was approved in the Fiscal Year 2003 budget for Collier County; NOW, THEREFORE, in consideration of the covenants contained herein, the i County and the City hereby agrees as follows: Section 1. The County shall pay three hundred thousand dollars ($300,000) toward the costs of the Norris Community Center Project, payable as reimbursement to the City. The City submitted the invoices to the County for said project by on August 22, 2003. Section 2. Improvements to the Norris Community Center are deemed to have a useful life of twenty (20) years. The City shall not assess a surcharge to non-city residents of Collier County for the use of the Norris Center during the life of the project. In the event that any of these obligations are violated, City shall refund to County the useful life remainder value of the facilities improvements based on twenty (20) year straight-line depreciation with no residual value. Section 3. This Agreement may be signed in counterparts by the parties hereto. This Agreement shall take effect on the last day of execution by the iast party to execute same. Section 4. This Agreement shall be recorded by the County in the Official Records of Collier County within thirty (30) days after this Agreement is fully executed. - DATE: Agenda Item No. 1601 May 25, 2004 Page 3 of 4 _ A TrEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA BY: BY: Donna Fiala, Chairman Approved as to form and Legal sufficiency: ~~ ;A. Robert Zach ../ .... ........ . Assistant County Attorney A TIEST: CITY OF NAPLES, A FLORIDA CITY CLERK MUNICfP AL CORPORATION "Z- ,~ ~ . 1/ ","-- .,-,....4"..t :; (. ''1_''~." //C.((I,d a 1'6?h~,v...... BY: Dr. Robert E. Lee, City Manager _ DATE: '1/;;/04 / J Approved as to form and Legal sufficiency: j{~'\) '~J~ Robert D. Pritt, City Attorney Agenda Item No. 1601 May 25, 2004 Page 4 of 4 .~",...- EXECUTIVE SUMMARY Approve a budget amendment appropriating $126,469 from Emergency Medical Services Fund 490 Reserves to reimburse First Coast Service Options for overpayment of Florida Medicare claims. OBJECTIVE: To approve a budget amendment appropriating Emergency Medical Services Fund 490 Reserves to cover an unanticipated reimbursement. CONSIDERATIONS: First Coast Service Options, who is the contracted carrier and intermediary for Florida Medicare Part B, over-paid on prior year (FY 03) accounts by inputting incorrect allowable amounts in their database. To date, this has resulted in miscalculated reimbursements to 104 other service providers throughout the state totaling approximately $10 million dollars. Overpayment to Collier County totaled $126,469. This reimbursement is not included in the FY 04 Budget. Funding is available in EMS Fund (490) Reserves and a budget amendment is required to appropriate the funds. FISCAL IMPACT: Emergency Medical Services Fund (490) Reserves will be reduced $126,469, leaving a balance of $465,864 .....- GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECO~ENDATION: That the Board of County Commissioners approve the budget amendment appropriating EMS Fund (490) Reserves in the amount of $126,469. .- Agenda Item No. 16D2 May 25, 2004 1 of 2 ~._~-_.'~""""""'"- -~."""~"""'"''''J''''' o",;oI>O,,'*,*," ";__.....'...,,"..,,~. ... ~,..,.................~._._--- COLLIER COUNTY 0_ BOARD OF COUNTY COMMISSIONERS Item Number 16D2 Item Summary Approve a Budget Amendment appropriating $126.469 from Emergency Medical Services Fund 490 Reserves to reimburse First Coast Service Options for overpayment of Florida Medicare claims. Meeting Date 5/25/2004 9:00:00 AM Prepared By lugene Hamilton Fiscal Technician Public Services EMS Approved By Jeff Page EMS Director Date Public Services EMS 4129/20041:16 PM Approved By John Dunnuck Public Services Administrator Date Public Services Public Services Admin. 5/1312004 1 :49 PM Approved By Pat lehnhard Administrative Assistant Date - County Manager's Office Office of Management & Budget 5/14/200410:20 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 5/17/200412:04 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/18/20048:57 AM Approved By James V, Mudd County Manager Date Board of County County Manager's Office Commissioners 5/18/20045:12 PM -, Agenda Item No. 1602 May 25,2004 20f2 '--.'0'. -.,-" .,.,_....- - EXECUTIVE SUMMARY Approve a Limited Use License Agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of specified county-owned property for conducting a July 4th Fireworks Festival OBJECTIVE: To provide a means for the Collier County community to recognize and celebrate the nation's independence through a community Fourth of July festival. CONSIDERATIONS: The Naples Junior Chamber of Commerce, Inc. (Jaycees) has partnered with the County to provide a free Fourth of July event for the community for the last six years. Through this agreement, the County will provide a $25,000 contribution that will be used to support the event and will be paid, as is standard practice, through a reimbursement method. The event as proposed this year will again be a family-oriented festival with musical entertainment, food vendors, and fIreworks at dusk. The agrcement requires that thc Jaycccs providc appropriatc levels of law enforcemcnt personnel, Fire Department and Emergency Medical Services presence, and specific insurance coverage for the event as prescribed by the County's Risk Management OffIce. ,...-, The agreement has been negotiated through the Parks and Recreation Department and has been reviewed and approved by the County Attorney's OffIce for legal suffIciency. The rental fee for the use of Sugden Park, based on the Parks and Recreation Outdoor Area License and Fee Policy, is $800 for the one-day event. The Agreement provides for the acceptance of in-kind payment in the form of advertising of a value equal to or greater than the rental fee. SpecifIcally, Collier County will be recognized as a co-sponsor of the event in all promotional efforts. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this event. FISCAL IMPACT: The cost of this agreement will be $25,000, funds for which have been included as part of the FY 2004 budget within the Parks and Recreation Department. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Limited Use License Agreement between Collier County and the Naples Junior Chamber of Commerce, Inc. to produce a free Fourth of July Festival at Sugden Regional Park. - Agenda Item No. 16D3 May 25, 2004 1 of 6 "~-'.~-~-----'- _"'__.ll L_..._..._..... -_'_""--_..,.,-,...,,,,,~~" . ~~~,._'" COLLIER COUNTY - BOARD OF COUNTY COMMISSIONERS Item Number 1603 Item Summary Approve a Limited Use License Agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of specified county-owned property for conducting a July 4th Fireworks Festival Meeting Date 5/25/20049:00:00 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 5/14/200412:37 PM Approved By John Dunnuck Public Services Administrator Date Public Services Public Services Admin. 5/17/20049:19 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5/17/2004 9:35 AM Approved By Gary A, Vincent Management & Budget Analyst Date ,- County Manager's Office Office of Management & Budget 5/17/2004 12:00 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/18/20049:03 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/18/20045:55 PM ,- Agenda Item No. 1603 May 25,2004 20f6 .~_.,,- .. .. ----- -........-... LIMITED USE LICENSE AGREEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, AND THE NAPLES JUNIOR CHAMBER OF COMMERCE, INC., A NOT-FOR-PROFIT FLORIDA CORPORATION, APPROVING USE OF SPECIFIED COUNTY- OWNED PROPERTY FOR CONDUCTING A JULY 4TH FIREWORKS FESTlV AL. This is entered into this _day of , 2004 by and between the Board of County Commissioners, Collier County, Florida, whose mailing address is 3301 Ea.st Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board", and Naples Junior Chamber of Commerce, Inc. (Naples Jaycees) not-for-profit Florida corporation. whose mailing address is 400 Valley Stream Drive Suite 110, Naples, Florida 34113, hereinafter referred to as .Organization", WHEREAS, the Organization requests the use of County-owned land for the purpose of holding activities for conducting a Naples Jaycees July 4th Festival and Fireworks Display to be held on July 4, 2004. WHEREAS, the Board is willing to approve the use of County-owned land for such purposes as are specified herein: NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1, The Board hereby approves the use of a portion of County-owned property identified as Sugden Regional Park as shown in Exhibit "A" attached hereto and made a part hereof. hereinafter referred to as the "Property" for the purpose of holding activities for a July 4th Festival, hereinafter referred to as the "Event". The Board hereby grants the Organization the right to photograph, record, televise, broadcast, distribute. exhibit, advertise and promote the Event. The Board has rights to use pictures for promotion of this pr~ram. Use of the Property by the Organization shall be from July 31d through July 5 . The Park will remain open to the public during these times. The day of the event only pedestrian public traffic will be allowed to enter the park, 2, The organization shall be responsible for all on and off-site Event operations and revenue as well as the administration of all revenue derived from the Event. The Organization shall have the sole right and responsibility with respect to the granting of concessions (such as food, beverages, programs), sponsorship and merchandising rights and the revenue therefrom subject to approval of the Public Services Administrator. 3. The Organization shall monitor, control and assume responsibility for all activities, vendors, licensees, and invitees associated with holding of the Event, such responsibility not being limited to trash collection and clean-up of the Property. Repair of damaged areas will be at the expense of the Organization. Board shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. 4, The Organization shall acquire all permits required by Collier County and any other governmental entity to conduct such an event and related activities on the Property. The Organization shall ensure cleanup of the Property by close of business on July 5111, 5, Prior to making any changes, alterations, additions or improvements to the Property, the organization shall provide to the Parks and Recreation Department, in writing, all proposals and plans for alterations, improvements. changes or additions to the Property. The Organization covenants and agrees in connection with any maintenance. repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Property, to observe and comply with all present and future laws, ordinances, rules, regulations, Agenda Item No. 1603 1 May 25,2004 30f6 ....-..... -- and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All permanent alterations, improvements, and additions to the Property shall, at once, when made or installed, be deemed as attached to the freehold and to have become the property of Collier County and shall remain for the benefit of the County at the end of the term set forth in this agreement in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if Board so directs, the Organization shall promptly remove all portable and non-permanent additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Property on behalf of the Organization, and repair any damage caused to the Property by such removal. 6, Organization agrees that the Event will be managed in such a way as to comply with all other Collier County ordinances, codes and Parks and Recreation Department policies. In particular, the event noise, except the fireworks themselves, will be managed to limit any sound amplification to meet the Collier County Noise Ordinance. There shall be no on-site sales, promotion, or consumption of, alcoholic beverages within the park boundaries. There shall be no on-site sales and promotion of any tobacco product within the park boundaries. 7, Organization agrees to: A. Provide on or before March 30th to the Parks and Recreation Department and appropriate Development Services staff an application for a special events permit, A logistical schedule of events (e.g. deliveries, set-up, clean up, etc,) will be included within the special events permit application package. B. Meet on the Property on or before June 4, 2004 with representatives from the ~;-. Collier County Parks and Recreation Department, the East Naples Fire Control District, the Collier County Sheriff's Department and Collier County EMS. The Organization will have or will have provided in advance of the meeting: 1. Fire Retardant Certificates and safety inspection for all tents to the East Naples Fire Department; 2. A copy of the certificates of all insurance required by this agreement, 3. A security, parking and pedestrian crossing plan agreed to in writing by the Collier County Sheriff's Department, 4. Written confirmation for on and required off-site fire protection from the East Naples Fire District and/or other authorized County Fire Districts, 5. Written confirmation for on-site Emergency Medical Services from the Collier County EMS Department, and 6, A copy of the organization's nChairman's Planning Guide". 8. Organization agrees to manage the Event as outlined within the Chairman's Planning Guide prepared by Organization, Such plans shall be made a part of this Agreement. Revisions to the Chairman's planning Guide after the meeting of June 4, 2003 referenced in paragraph seven (7-B) will require the review and approval of the Public Services Administrator. Should inclement weather require cancellation of the event on July 411\ such a decision will be made in conjunction with the Organization and the Public Services Administrator as agreed to by the Organization and the Public Services Administrator, July 5, 2004. All subsequent dates of this agreement will be adjusted accordingly. 9. The Organization agrees that all persons Involved with the handling of fireworks will be qualified personnel and all persons involved with the igniting of fireworks will be licensed pyrotechnicians. In addition the Organization agrees that a professionally produced fireworks show with a minimum value of $25,000 will be provided. - 10. Organization shall indemnify, defend and hold harmless Board, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or Agenda Item No. 16D3 2 May 25, 2004 40f6 --'''''..-. ... --- .---...-..... damage to property (including loss of use thereof) related to (A) Organization's use of the Property, (B) any work or thing whatsoever done or any condition created (other than solely by Board, its employees, agents or contractors) by or on behalf of Organization in, about, on or with the Property, (C) any condition of the Property due to or resulting from any default by Organization in the performance of Organization's obligations under this Agreement, and (D) any act, omission or negligence of Organization, its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against any of the above by reason of anyone or more thereof, Organization shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if Board shall so request, at Organization's expense, by counsel reasonably satisfactory to Board, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees 11. The Organization accepts the property -as is'- The Board shall not be liable for any injury or damage to any person or property caused by the elements or by other persons on the Property, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority. 12. The Board shall not be liable for any loss of property, including loss due to petty theft of any property occurring on the Property or any part thereof. The Organization agrees to hold the Board harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees. 13. (a) Organization shall provide and maintain special event general liability and property liability insurance policy(ies), approved by the Collier County Risk Management Department for not less than One Million Dollars and No/Cents ($1,000,000) combined single limits during the term of this Agreement. (b) Collier County shall be listed as additional insured on the commercial general liability policy. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Agreement; and shall include a provision requiring ten (10) days prior written notice to Collier County cia County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. Board reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to Organization, Upon receipt of such notice, Organization shall have ten (10) days in which to obtain such additional insurance. 14. This limited Use license Agreement shall be administered on behalf of the Board by and through the Collier County Parks and Recreation Department. 15. It is the responsibility of the Organization to properly notify the general public of closed roads and designated parking areas. In particular notification shall be provided to all homes located on Outer Drive, Lombardy Lane, Dale Avenue, Pineland Avenue, Cindy Avenue, Mohawk Place, Mindi Avenue, Rose Avenue, and Poplar Way. The Organization shall ensure that the park and all park facilities remain open and accessible to the public. 16, This Agreement is not assignable. Any attempt to assign shall be void ab initio. .~~.".-.' .._..",...""v.. 17. The Rental Rate for the festival is $800, The Board of County Commissioners will accept in-kind payment for the rental rate in the form of advertising of a value equal to or greater than the rental rate. Specifically, .Collier County" or the Collier County logo is to appear on all printed promotional materials related to the event, and Collier County is in all instances to be recognized as a co-sponsor of the event. 18. This Agreement represents a bare license for the Organization's use of the property and does not convey any estate in the Property or create any interest therein whatsoever. Agenda Item No. 16D3 3 May 25, 2004 5 of 6 _u........ - 19. The Organization represents and warrants to the Board that no hazardous materials will be discharged to the air. grounds, sewer, or to any septic system on the Property except fireworks are planned to be discharged in the air and on the ground according to plan. 20. The Organization shall be responsible for paying all taxes and charges associated with or resulting from the holding of this Event. ..". 21. Pursuant to this Agreement, the Board shall provide twenty-five thousand dollars ($25,000) for the Festival. The fundlng is to be used for permit fees, park fees, entertainment fees, sheriffs department fees, camival fees and/or fireworks fees. Funds will be paid on a reimbursement basis upon the submission of copies of paid invoices. All invoices will be signed by the President or Treasurer of the Naples Junior Chamber of Commerce attesting that the goods are services indicated by the invoice were received. 22. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF. the parties hereto have made and executed this Limited Use License Agreement as of the day and year first above written. AS TO THE ORGANIZATION: NAPLES JUNIOR CHAMBER OF COMMERCE, INC. , - BY:~ Tom Land. President Witness (signature) w; /\ \(.)r/\ t"'.. r (print name) AS TO THE COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Dwight E. Brock. Clerk of Courts By: By: Deputy Clerk, ..... Donna Fiala, Chairman Approved as to form and legal sufficiency: (/-1,- -, Robert Zachary Assistant County Attomey Agenda Item No. 1603 4 May 25, 2004 60f6 _._--- --- "-~..,,--_..- . "'.__H'_~_"'__"'_". c- EXECUTIVE SUlVlMARY Approve the Master Agreement relating to Services for Seniors' grant programs and authorize the Chairman to sign the Master Agreement between Collier County Board Of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., DfBl A Senior Solutions of Southwest Florida OBJECTIVE: In order to provide grant funded services to Services for Seniors' clients, a Master Agreement, which applies to all grant contracts, requires the signature of the Chairman. CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly for the past 30 years through the Older Americans Act as well as other grant programs. These grants allow for the delivery of various services to the County's frail elderly preventing premature and costly institutional placement. The grantor agency, Area Agency on Aging for Southwest Florida d/b/a Senior Solutions of Southwest Florida, requires the execution of a Master Agreement that outlines grantee requirements for administering all of the various grants. The Master Agreement addresses such items as federal laws and regulations, civil rights compliance, insurance requirements, audits, and the safeguarding of the State computer network system. The incorporation of identical language into one document required for all grant programs awarded by Senior Solutions of Southwest Florida eliminates multiple signatory requirements of the Chainnan, lessens the review time by the County Attorney. and reduces paper use. All individual grant contracts will make reference to the .- Master Agreement as well as specify the individual grant contract amounts (with necessary budget amendments), effective date of the grant agreement, method of payment, and any special provisions. GROWTH MANAGEMENT: There is no growth management impact from this recommendation, FISCAL IMPACT: There is no financial impact as a result of this recommendation. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Master Agreement and authorize the Chairman to sign the contract. The agreement has been reviewed and approved by the County Attorney. .- Agenda Item No. 16D4 May 25,2004 Page 1 of 37 _...__._....~".".... .......;.,."","-~-,,-"'.._"'".,.._.."""'."";,,-~~...., .~-_.._~--~,--- - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 1604 Item Summary Approve the master agreement relating to Services for Seniors' grant programs and authorize the Chairman to sign the master agreement between Collier County Board Of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida Meeting Date 5/25/2004 9:00:00 AM Prepared By Terri A. Daniels Grants Coordinator Public Services Human Services Approved By Barry Williams Human Services Director Date Public Services Human Services 5/14/20049:29 AM <- Approved By John Dunnuck Public Services Administrator Date Public Services Public Services Admin. 5/17/20049:22 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5/17/20049:33 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 5/17/2004 11 :37 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/17/2004 11 :44 AM Approved By James V. Mudd County Manager Date .- Board of County Commissioners County Manager's Office 5/18/2004 8:40 AM Agende Item No. 1 CD4 May 25, 2004 Page 2 of 37 ,_..~ - ~<--- ~'''--~-, 2/2004 Agreement Number 203.M004 ST ATE OF FLORIDA DEP ARTMENT OF ELDER AFFAIRS MASTER AGREEMENT TillS MASTER AGREEMENT is entered into between the Area Agency on Aging for Southwest Florida, Inc., d/b/a Senior Solutions of Southwest Florida, hereinafter referred to as the "agency," and Collier County Services for Seniors, hereinafter referred to as the "recipient." All agreements executed between the recipient and the agency shall be subject to the conditions set forth in this agreement for the duration of the agreement period(s). Any and all agreements executed between the recipient and the agency during the effective period of this agreement will incorporate this agreement by reference and shall be governed in accordance with the laws, statutes, and other conditions set forth in this agreement. The parties agree: I. Recipient Agrees: A. 1. To provide services according to the conditions specified in any agreement(s) with the agency during the period this agreement is in effect. 2. This agreement covers all services provided by the recipient under contract with the agency. 3. To provide services in compliance with the provisions of the Department of Elder Affairs' Home and Community-Based Services Handbook. B. State and Federal Laws and Regulations: The recipient shall: 1. Comply with the cost principles, administrative requirements, and other provisions of all applicable state and federal laws and regulations including: sections 215.97 and 216.348, F.S., Title 45, Code of Federal Regulations (CFR), Part 74, and/or 45 CFR, Part 92, and/or 48 CFR Part 31, and Office of Management and Budget (OMB) Circulars A-21, A-87, A-102, A-110, A-122, and A-B3, whichever is applicable to the recipient's organization. 2. Comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act [42 United States Code (U.S.c.) 7401 et seq.], the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) code, Title 29 CFR, Part 1910.1030, and the Federal Water Pollution Control Act as amended (33 D,S.C. 1251 et seq.). The recipient shall report any violations of the above to the agency. 3. Prior to execution of this agreement, complete the Certification Regarding Lobbying form, ATIACBMENT I, and the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Contracts/Subcontracts form, ATIACHMENT n. If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the agency's contract manager, and all disclosure fonns as required by the Certification Regarding Lobbying form must be completed and returned to the agency with the signed agreement. 4. Comply with section 112.061, F. S., and any policies of the agency regarding any and all business travel pursuant to agreements covered by this agreement (including use of the State Comptroller approved Reimbursement of Travel Expenses form, or an equivalent form developed by the 1 Agenda Item No. 1604 May 25, 2004 Page 3 of 37 2/2004 Agreement Number 203.M004 ..- recipient), and comply with the provisions of Chapter 119, F.S., allowing public access to all documents, papers, letters, or other materials made or received by the recipient in conj unction with this agreement and any agreements incorporating this agreement by reference. In addition, section 20.41(9), F.S" requires that all area agencies on aging are subject to Chapter 119, F.S., relating to public records, and, when considering any agreements requiring the expenditure of funds, are subject to section 286.011-286.012, F.S., relating to public meetings. 5. Abllse Neglect and Exploitation Reporting: In compliance with Chapter 415, F.S., an employee of the recipient who knows, or has reasonable cause to suspect, that a child, aged person or disabled adult is or has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the State of Florida's central abuse registry and tracking system on the statewide toll- free telephone number (1-800-96ABUSE). 6. Transportation Disadvantaged: If clients are to be transported Wlder any agreements incorporating this agreement, comply with the provisions of Chapter 427, F.S., and Rule 41-2, Florida Administrative Code (F. A. C.). 7. Use of Funds For Lobbying Prohibited: Comply with the provisions of section 216.347, F.S., Title 48 CFR, Part 31.205, or Title 45 CFR, Part 93, whichever is applicable, that prohibit the expenditures of funds for the purpose of lobbying the Legislature, a judicial branch or a state agency. 8. Safeguarding Information: Except as provided for agency auditing and monitoring purposes, not to use or disclose any information concerning a consumer who receives services Wlder agreements incorporating this agreement by reference or subsequent agreements for any purpose not in conformity with state and federal regulations, except upon written consent of the consumer, or the -- consumer's authorized representative. 9. HIP AA Compliance: Comply with all requirements of the Health Insurance Portability Act (HIPAA) of 1996, as applicable. The agency and the recipient recognize that each is a "Business Associate" of the other under the terms of HIP AA. As such, each agrees to the terms as written in ATTACHMENT YD. 10. Grievance and Appeal Procedures: Ensure through agreement provisions that sub-recipients and vendors follow the Minimum Guidelines for Recipient Grievance Procedures, ATTACHMENT V, for handling complaints from consumers who complain service has been suspended, terminated or reduced. Recipients and subrecipients will also establish their 0'Ml complaint procedures for consumers who are dissatisfied with or denied services that include, at minimum, notice of the right to complain and to have their complaint reviewed. It is expressly understood that substantial evidence of the recipient's refusal to comply with any of the above provisions shall constitute a breach of this agreement. C. Civil Rights Certification: 1. The recipient gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance. The recipient shall comply with all federal, state and local regulations, statutes and ordinances relating to nondiscrimination in programs or activities receiving or benefiting from state, federal, or local financial assistance, whichever apply. These include, but are not limited to: (a) Executive Order 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as - 2 Agenda Item No. 16D4 May 25, 2004 Page 4 of 37 . . ... - .- 2/2004 Agreement Number 203.M004 supplemented by regulations at Title 41 CFR, Part 60; (b) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.c. 2000d et seq" which prohibits discrimination on the basis of race, color, or national origin; (c) Title IX of the Education Amendments of 1972, as amended, 20 U,S.C. 1681- 1683, and 1685-1686 et seq., which prohibits discrimination on the basis of sex in education programs; (d) Section 504 of the Rehabilitation Act of 1973, as amended, 29 V.S.C. 794, which prohibits discrimination on the basis of handicaps; (e) The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age; and with any and all other applicable regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes or which may apply to agreements covered by this agreement. 2. The recipient agrees to complete the Civil Rights Compliance Questionnaire (DOEA forms 101 A and B), if services are provided to consumers and if fifteen (15) or more persons are employed. For recipients employing less than 15 persons, the agency requests completion of the Civil Rights Compliance Questionnaire. 3. The recipient shall establish procedures to handle complaints of discrimination involving services or benefits through this agreement. These procedures shall include advising clients, employees, and participants of the right to file a complaint, their right to appeal a denial or exclusion from the services or benefits, and their right to a fair hearing as a result of their complaint of discrimination. Complaints of discrimination involving services or benefits through agreements referencing this agreement may also be filed with the Secretary of the department or the appropriate federal or state agency, 4. The recipient agrees that compliance with these assurances are a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the recipient, its successors, transferees, and assignees for the period during which such assistance is provided. The recipient further assures that all subrecipients, vendors, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the recipient understands that the agency may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, including but not limited to, termination of and denial of further assistance. D. Payment Requirements For all agreements covered by this agreement, the recipient agrees: 1. To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre audit and post audit thereof. The recipient shall comply with only the particular requirements under the following laws and guidelines that are applicable to the agreements covered under this agreement: (a) paragraph (16) (b) of section 216.181, F. S., regarding advances; (b) paragraph 691-40.103 F,A.C. pertaining to Restriction of Expenditures from state funds; and, (c) the Contract Payment Requirements sub-section of section C of the Reference Guide for State Expenditures from the Department of Financial Services (http://www.dbf.state.fl.uslaadir/referenceJUideI). The recipient certifies that detailed documentation is available to support each item on the itemized invoice or payment request for cost reimbursed expenses, including paid subcontractor invoices, and will be produced upon request by the agency. The recipient further certifies that reimbursement requested is only for allowable expenses as defined in the laws and guiding circulars cited in Section I, paragraph B. 1. of this 3 Agenda Item No. 16D4 May 25, 2004 Page 5 of 37 , -- 2/2004 Agreement Number 203.MOO4 ~^ agreement, in the Reference Guide for State Expenditures, and any other laws or regulations, as applicable, and that administrative expenses do not exceed amounts budgeted in the recipient's proposal application. 2. Recipients and sub-recipients shall provide units of deliverables, including reports, fmdings, and drafts as specified in the agreements and agreement attachments covered by this agreement, and the proposal application developed by the recipient (pursuant to section 306(a) of the Older Americans Act), to be received and accepted by the contract manager prior to payment. E. WithholdiDgs and Other Benefits: The recipient is responsible for Social Security and Income Tax withholdings. F. Indemnification: If the recipient is a state or local governmental entity, pursuant to section 768.28(18) F .S., the provisions of this section do not apply. 1. Recipient and all subrecipients agree to indemnify, defend, and hold harmless the agency and all of the agency's officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, actions, neglect or omission, action in bad faith, or violation of federal or state law by the recipient, its agents, employees, or subrecipients during the performance of all agreements incorporating this agreement by reference, whether direct or indirect, and whether to any person or property to which the agency or said parties may be subject, except neither recipient nor any of its subrecipients will be liable under this section for damages arising out of injury or damage -- to persons or property directly caused or resulting from the sole negligence of the agency or any of its officers, agents, or employees. 2. Recipient's and subrecipient's obligation to indemnify, defend, and pay for the defense or, at the agency's option, to participate and associate with the agency in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the agency's notice of claim for indemnification to recipient. Recipient's and subrecipient's inability to evaluate liability or its evaluation of liability shall not excuse recipient's or subrecipient's duty to defend and indemnify the agency, upon notice by the agency. Notice shall be given by registered or certified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the agency solely negligent shall excuse performance of this provision by recipients and subrecipients, Recipients shall pay all costs and fees related to this obligation and its enforcement by the agency. The agency's failure to notify the recipient or subrecipient of a claim shall not release recipient or subrecipient of the above duty to defend. 3. rt is the intent and understanding of the parties that the recipient, nor any of its subrecipients, are employees of the agency and shall not hold themselves out as employees or agents of the agency without specific authorization from the agency. It is the further intent and understanding of the parties that the agency does not control the employment practices of the recipient and shall not be liable for any wage and hour, employment discrimination, or other labor and employment claims against the recipient, or its subrecipient. - 4 Agenda Item No. 1604 May 25, 2004 Page 6 of 37 --."-"--- --." 2/2004 Agreement Number 203.M004 G. Insurance and Bonding: 1. To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the effective period of any and all agreements incorporating this agreement by reference. The recipient accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable fmancial protections for the recipient and the clients to be served under agreements incorporating this agreement by reference. Upon execution of each agreement covered under this agreement, the recipient shall furnish the agency written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The agency reserves the right to require additional insurance where appropriate. 2. To furnish an insurance bond from a responsible commercial insurance company covering all officers, directors, employees and agents of the recipient authorized to handle funds received or disbursed under all agreements incorporating this agreement by reference in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practices. H. Purchasing: The recipient agrees to develop procurement procedures to encourage fair and open competition and . promote a diversity of contractors for all services purchased pursuant to this agreement, and all agreements and sub agreements subject to this agreement, in accordance with applicable state and/or federal regulations that may include: Title 45 CFR. Subpart A, Section 92.36 and Subpart C, section 74.44; OMB Circular A-llO; and Chapters 430 and 287, F. S. 1. PRIDE Any service or item manufactured, processed, grown, or produced by Prison Rehabilitative Industries and Diversified Enterprises, Inc. (pRIDE) in a correctional work program may be furnished or sold to the recipient and to any subagreement vendor or sub-recipient, or to any person, firm, or business entity ifnot prohibited by federal law. 2, Procurement of Products or Materials with Recycled Content Reusable materials and products shall be used where economically and technically feasible. 3. Equity in Contracting The agency is committed to embracing diversity in the provision of services to Florida's elders and in providing fair and equal opportunities for all-Elualified minority businesses in Florida. The recipient shall report infonnation to the agency on utilization of certified minority and non-certified minority subrecipients and vendors receiving funds pursuant to all agreements covered by this agreement. This report shall be submitted quarterly to the agency. 4. The recipient is encouraged to identify in the Request for Proposal any geographic location(s) that has been designated as a Front Porch Community by the Governor and to direct services to that Front Porch Community as appropriate. S Agenda Item No. 1604 May 25, 2004 Page 7 of 37 . - -"",,,'" .~,- >-,~......,"",,'-; .~""" ,- 2/2004 Agreement Number 203 .M004 I. Sponsorship: 1. Any nongovernmental organization which sponsors a program financed partially by state funds or funds obtained from a state agency shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by Area Agency on Aging for Southwest Florida. Inc.. d/b/a Senior Solutions of Southwest Florida and the State of Florida, Department of Elder Affairs." If the sponsorship reference is in written material, the words "State of Florida, Department of Elder Affairs" shall appear in the same size letters or type as the name of the organization (ref.: section 286.25, F. S.). lbis shall include, but is not limited to, any correspondence or other writing, publication or broadcast that refers to such program. 2. If the recipient is a governmental entity or political subdivision of the state, the agency requests compliance with the conditions specified above. 3. The recipient shall not use the words "The State of Florida, Department of EIder Affairs" to indicate sponsorship of a program otherwise financed unless specific authorization has been obtained by the agency prior to use. J. Public Entity Crime: Denial or revocation of the right to transact business with public entities: In compliance with the legislature's intent to restrict the ability of persons convicted of public entity crimes to transact business with the agency, the recipient agrees that compliance with sections 287.oI7 ,_. and 287.133, F.S., is a condition of receipt or benefit from state or federal funds and it is binding upon the recipient, its successors and transferees during the period of this agreement. The recipient further assures that the recipient, its officers, directors, senior management, partners, employees or agents have not been convicted of any public entity crimes within the last 36 months. If the recipient or any of its officers or directors is convicted of a public entity crime during the period of this agreement, the recipient shall notify the agency immediately. Non-compliance with this statute shall constitute a breach of this agreement. K. Employment: If the recipient is a non-governmental organization, it is expressly understood and agreed the recipient will not knowingly employ unauthorized alien workers. Such employment constitutes a violation of the employment provisions as determined pursuant to the Immigration Nationality Act (INA), Sec. 274A [8 U.S.C, s.1324a]. Violation of the employment provisions as determined pursuant to section 274A shall be grounds for unilateral cancellation of any and all agreements incorporating this agreement by reference. L. Audits and Records: The recipient agrees: 1. To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices that sufficiently and properly reflect all revenues and expenditures of funds provided by the agency under all agreements covered by this agreement. Recipients and sub-recipients agree to maintain records, including paid invoices, payroll registers, travel vouchers, copy logs, postage logs, time sheets, etc., as supporting documentation for service cost reports and for administrative expenses itemized for reimbursement. lbis documentation - will be made available upon request for monitoring and auditing purposes. 6 Agenda Item No. 1604 May 25, 2004 Page 8 of 37 .-.- .... 2/2004 Agreement Number 203.M004 2. To assure these records shall be subject at all reasonable times to inspection, review, audit, copy, or removal from premises by agency personnel and other personnel duly authorized by the agency, as well as by state/federal personnel, if applicable. 3. To maintain and file with the agency such progress, fiscal and inventory and other reports as the agency may require within the period of this agreement. Such reporting requirements must be reasonable given the scope and purpose of the agreements incorporating this agreement by reference. 4. To submit management, program, and client identifiable data, as specified by the agency. To assure, through agreement provisions in sub-agreements with subrecipients, program specific data is recorded and submitted in accordance with Department of Elder Affairs Client Information Registration and Tracking System (CIRTS) Policy Guidelines. 5. To provide a financial and compliance audit to the agency as specified in ATTACHMENT m and to ensure all related party transactions are disclosed to the auditor. 6. To include these aforementioned audit and record keeping requirements, including ATTACHMENT m, in all subagreements and assignments. 7. The recipient agrees to provide client information and statistical data when requested by the agency. 8. To provide to the agency all fiscal information regarding services contracted to subrecipients pursuant to this agreement using an application provided by the agency. M. Retention of Records: 1. To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to each agreement covered under this agreement for a period of at least five (5) years after termination of the agreement(s), or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained at least until resolution of the audit findings. These records may be subject to additional retention requirements set by law. 2. Persons duly authorized by the agency, the department and federal auditors, pursuant to Title 45 CFR, Part 92.42(e), (1), and (2), shall have full access to and the right to examine or duplicate any of said records and documents during said retention period or as long as records are retained, whichever is later. N. Monitoring and Incident Reporting: 1. The recipient will provide progress reports, including data reporting requirements as specified by the agency to be used for monitoring progress or performance of the contractual services as specified in the proposal application. The agency will establish performance standards for recipients with weights assigned to each standard. Standards will be tracked monthly by agency staff through desk reviews of available fiscal, ClRTS, and research production reports and any other system or process designated by the agency. Examples of review criteria are surplus/deficit, independent audits, internal controls, reimbursement requests, subrecipient monitoring, targeting, program eligibility, outcome measures, service provision to clients designated as "high risk" by the Department of Children & Families, Adult Protective Services program, data integrity, co-payments, client satisfaction, correspondence, and client file reviews. 7 Agenda Item No. 1604 May 25, 2004 Page 9 of 37 _...-,.,_._,-----~-- 2/2004 Agreement Number 203.M004 - The agency will perform administrative and programmatic monitoring of recipients to ensure 2. contractual compliance, fiscal accountability, programmatic performance, and compliance with applicable state and federal laws and regulations. 3. To pennit persons duly authorized by the agency to inspect any records, papers, documents, facilities, goods and services of the recipient and subrecipients which are relevant to agreements incorporating this agreement by reference, or to the mission and statutory authority of the agency, and to interview any clients and employees of the recipient and subrecipients to be assured of satisfactory performance of the terms and conditions of these agreement(s). Following such inspection the agency will deliver to the recipient a list of its concerns with regard to the manner in which said goods or services are being provided. The recipient will rectify all noted deficiencies provided by the agency within the time set forth by the agency, or provide the agency with a reasonable and acceptable justification for the recipient's failure to correct the noted shortcomings. The agency shall determine whether such failure is reasonable and acceptable. The recipient's failure to correct or justify deficiencies within a reasonable time as specified by the agency may result in the agency taking any of the actions identified in Section m. B. Enforcement, or the agency deeming the recipient's failure to be a breach ofthis agreement. 4. Extraordinary Reporting: The recipient shall notify the contract manager for the agency immediately, but no later than within 48 hours, from the recipient's awareness or discovery of conditions that may materially affect the subrecipient's ability to perform, such as problems, delays, or adverse conditions which may impair the subrecipient's ability to meet the objectives of the agreements covered by this agreement. The notice shall include a briefsumrnary of the problem(s), a statement of the action taken or contemplated, time frames for implementation, and any assistance needed to resolve the situation. Examples of reportable conditions may include: ,-, . proposed consumer terminations . recipient or subrecipient financial concerns/difficulties . non-payment or untimely payment reported by vendors . service documentation problems . agreement non-compliance . service quality problems and consumer complaint trends The recipient must investigate allegations regarding falsification of client information, service records, payment requests, and other related information. Substantiated allegations must be reported to the agency's contract manager. In the event that a situation results in the cessation of services by a sub-recipient or vendor, the recipient retains the responsibility for performance under agreements covered by this agreement and must follow their own procedures to ensure that cli~nts continue receiving services without interruption, e. g. exercising their emergency procurement procedures, temporary assumption of the direct provision of services, etc. O. Assignments and Subagreements: - 1. Agency approval of the proposed application from the recipient shall constitute agency approval of the recipient subagreements if the sub agreements follow the service and funding information identified in the proposal application. All sub-recipients shall be subject to the conditions of this agreement and the agreements incorporating it by reference (except section II. paragraph A., and ATTACHMENT VII) and to any conditions of approval the agency shall deem necessary. Section I, paragraph J. is only applicable to state agencies or political subdivisions of the state. 8 Agenda Item No. 1604 May 25, 2004 Page 10 of 37 -----.. ,.~._-~,. - -,~,--,~ -.-------.- .- - -. ---.--.....------- 2/2004 Agreement Number 203,MOO4 2. Unless otherwise stated in the agreement(s) covered by this agreement between the agency and recipient, payments made by the recipient to the subrecipient must be within the same terms seven (7) working days after receipt by the recipient of full or partial payments from the agency. Payments to vendors contracted by the recipient/subrecipient shall be made in accord with the terms as negotiated with the vendor(s). Failure to pay within these time frames may result in the agency applying intermediate measures. P. Return of Funds: 1. To return to the agency any overpayments due to unearned funds or funds disallowed pursuant to the terms of all agreements for which funds were disbursed to the recipient by the agency. a. The recipient shall return any overpayment to the agency within forty (40) calendar days after either discovery by the recipient, or notification by the agency, of the overpayment. b. In the event the recipient or its independent auditor discovers an overpayment has been made, the recipient shall repay said overpayment within forty (40) calendar days without prior notification from the agency. In the event the agency first discovers an overpayment has been made, the agency will notify the recipient by letter of such a fmding. c. Overpayments to subrecipients due to unallowable or un-allocable expenses or to vendors or subrecipients due to billing discrepancies must be returned to the recipient under the same terms and conditions as this section. Information indicating subrecipients have been overpaid as a result of over-budgeting on the unit cost methodology can be used by the recipient to negotiate lower rates in subsequent years. Continuous overpayment to subrecipients due to over budgeting may result in a demand for repayment to the recipient or the agency under the same terms and conditions of this section. Repayment received by the recipient must be reported to the agency and may be either re-allocated to other suhrecipient(s) or returned to the agency, at the agency's discretion. d, Overpayments not returned to the agency in a timely manner will be subject to interest at the rate established in section 55,03, F.S.. Q. Data Integrity Federal Grants Management require financial management systems for recipients of state and federal funds to be capable of providing certain information, assuring accuracy and accountability, in accord with prescribed reporting requirements. These reporting requirements may require certain calculations or the provision of specified data to fully disclose the financial results of each federally funded or state- sponsored program. Accordingly, the recipient must, prior to execution of this agreement, complete the Data Integrity Certification form, ATTACHMENT IV. 9 Agenda Item No. 16D4 May 25, 2004 Page 11 of 37 .. .-. 212004 Agreement Number 203.M004 - R. Conflict of Interest: The recipient will maintain a written code of conduct governing the performance of their employees, board members, management and subrecipients, engaged in the award and administration of contracts. No employee, officer or agent of the recipient or subrecipient shall participate in selection, or in the award or administration of a contract supported by State or Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (a) the employee, officer or agent; (b) any member ofhislher immediate family; (c) his or her partner, or; (d) an organization which employs, or is about to employ, any of the above, has a financial or other interest in the fum selected for award. The recipient or subrecipient's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub agreements. The recipient's board members and management must disclose to the department any relationship which may be, or may be perceived to be, a conflict of interest within thirty (30) days of an individual's original appointment or placement in that position, or if the individual is serving as an incumbent, within thirty (30) days of the commencement of this agreement. The recipient's employees and subrecipients must make the same disclosures described above to the recipient's board of directors. Compliance with this provision will be monitored. S. Successors and Transferees: Recipients must receive approval from the agency's contract manager prior to transferring or assigning this agreement, or any agreements referencing this agreement, to another party or a different organizational entity. Further, this agreement or any agreements referencing this agreement are binding in their entirety on the recipient and its successors, assignees and transferees. - ll. The Agency Agrees: A. Payment: Pursuant to section 215.422, F.S., the agency shall make payment within 40 days, measured from the latter of the date the Request for Payment is received or the goods or services are received, inspected and approved. Requests for Payment returned to a vendor or a recipient due to preparation errors will result in a payment delay, Invoice payment requirements do not start until a properly completed invoice is provided to the agency. B. Vendor Ombudsman: Recipients who may be experiencing problems in obtaining timely payment(s) from the agency may contact the Vendor Ombudsman within the Department of Banking and Finance at 1 (800) 848-3792 or (850) 413-7269. Subrecipients and vendors experiencing problems obtaining timely payment(s) from recipients may contact the agency's contract manager at (850) 414-2000. "..-~. 10 Agenda Item No. 16D4 May 25,2004 Page 12 of 37 I ~ .'_._ ~. _~O.. _..____~~,o...._.._.__.._ "-.-.'-'-'- -.. .. ---.--.,--... . .-----..- 2/2004 Agreement Number 203.M004 III. Agreement Term and Renewal The recipient and the agency mutually agree: A. Effective Date 1. This agreement shall begin on March 1. 2004 or on the date on which the agreement has been signed by both parties, whichever is later, and shall end on December 31. 2006. 2. All agreements executed between the agency and the recipient during the effective period of this agreement shall reference this agreement by number, incorporating it therein, and shall be governed by the conditions of this agreement and its successor(s) for the duration of the agreement period(s). B. Enforcement: 1. The agency may, in accordance with section 430.04, F.S., rescind the designation of the recipient or take intermediate measures against the recipient, including: corrective action, unannounced special monitoring, temporary assumption of the operation of one or more contractual services, placement of the recipient on probationary status, imposing a moratorium on recipient action, imposing fmancial penalties for nonperformance, or other administrative action pursuant to Chapter 120, F.S., if the agency finds that: . an intentional or negligent act of the recipient has materially affected the health, welfare, or safety of consumers served pursuant to this agreement, or substantially and negatively affected the operation of services covered under this agreement . the recipient lacks fmancial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated. . the recipient has committed multiple or repeated violations of legal and regulatory standards, regardless of whether such laws or regulations are enforced by the agency, or the recipient has committed or repeated violations of agency standards, . the recipient has failed to continue the provision or expansion of services after the declaration of a state of emergency. . the recipient has failed to adhere to the terms of this agreement or the terms of any agreement(s) covered by this agreement and incorporating it by reference. 2. In making any determination under this provision the agency may rely upon the fmdings of another state or federal agency, or other regulatory body. Any claim for breach of this agreement is exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Lee County. Before the agency formally rescinds the designation of the recipient or initiates any intermediate measure, or either party commences equitable or legal action of any sort, both parties agree to engage in informal mediation through a meeting of each party's representative at a place and location designated by the agency. 3. In making any determination under this provision for intermediate measures, the agency will be guided by the measures and options as set forth in ATTACHMENT VI. The purpose of the options set forth in ATTACHMENT VI is to give notice to the recipient of the range of intermediate 11 Agenda Item No. 1604 May 25,2004 Page 13 of 37 "" , 2/2004 Agreement Number 203.MOO4 -, measures that would normally be imposed for violations as set forth in this provision. This range of intermediate measures is based upon a single violation of each provision listed. Multiple violations of the same provision will be grounds for enhancement of intermediate measures. The recipient is entitled to deviate from the range of intermediate measures provided in ATTACHMENT VI upon a showing of circumstances presented to the agency prior to the imposition of an intermediate measure. Circumstances that may be considered for enhancement or reduction of intermediate measures include, but are not limited to: a. History of previous violations. b. The magnitude and scope of the damage inflicted upon the general public. c. The lack of danger to the public health, safety and welfare. d. The degree of fmancial hardship incurred by the recipient as a result of the imposition of intermediate measures. e. Corrective action taken by the recipient. f. Steps taken by the recipient to ensure the non-occurrence of similar violations in the future. C. Termination: 1. Termination for Convenience - This agreement and any other agreements incorporating it by reference may be terminated by either party upon no less than sixty (60) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. In the event the recipient terminates an agreement at will, the recipient agrees to submit, at the time it serves notice of the intent to terminate, a plan which identifies procedures to ensure services for consumers pursuant to this agreement or any subagreement will not be interrupted or suspended by the termination. In the event that an agreement between a recipient and a subrecipient is terminated, the recipient shall require the subrecipient to submit to the recipient and the department, a similar plan ensuring services to consumers will not be interrupted or suspended by the termination. 2. Termination Because of Lack of Funds In the event funds to finance any agreement(s) under this agreement become unavailable, the agency may terminate the affected agreement or agreements upon no less than twenty-four (24) hours notice in writing to the recipient. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The agency shall be the final authority as to the availability of funds. 3. Termination for Breach Unless the breach is waived by the agency in writing, or the recipient fails to cure the breach within the time specified by the agency, the agency may, by written notice to the recipient, terminate any and all of the agreement(s) incorporating this agreement by reference upon no less than twenty-four .".--. (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. If applicable, the agency may employ the default provisions in 12 Agenda Item No. 16D4 May 25, 2004 Page 14 of 37 I '-'-',---, 2/2004 Agreement Number 203.MOO4 section 60A-1.006(3), F. A. C.. Waiver of breach of any provisions of anyone agreement covered by this agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of other agreements covered under this agreement. The provisions herein do not limit the agency's right to remedies at law or to damages of a legal or equitable nature. D. Notice and Contact: 1. The name, address and telephone number of the agency for this agreement is: Area Agency on Aging for Southwest Florida, Inc., d/b/a Senior Solutions of Southwest Florida 2285 First Street Fort Myers, Florida 33901 Phone: (239)332-4233 2. The name, address and telephone number of the recipient for this agreement is: Collier County Service for Seniors Collier County Government Complex 3301 Tamiami Trail E. Naples, Florida 33962 (239) 774-8443 3. The name of the contact person, street address and telephone number where financial and administrative records are maintained: Mr. Barry Williams Collier County Government Complex 3301 Tamiami Trail E. Naples, Florida 33962 (239) 774-8443 E. Renegotiation or Modification: 1. Modifications of provisions of this agreement and of any and all agreement(s) incorporating this agreement by reference shall only be valid when they have been reduced to writing and duly signed by both parties. The parties agree to renegotiate this agreement and any affected agreements if revisions of any applicable laws or regulations make changes in this agreement necessary. 2. The rate of payment and the total dollar amount may be adjusted retroactively for any agreement(s) incorporating this Master Agreement by reference only when these have been established through the appropriations process, or identified in the federal program. IV. The Recipient Agrees to the following special provisions: A. Property & Equipment 1. Equipment means: (a) an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals or exceeds the lesser of (a) the capitalization level established by the organization for the fmancial statement purposes, or $5000 (for federal funds], or (b); nonexpendable, tangible personal property of a nonconsumable nature with an acquisition cost of $1000 or more per unit, and expected useful life of at least one year; and hardback bound books not circulated to students or the general public, with a value or cost of $250 13 Agenda Item No. 16D4 May 25, 2004 Page 15 of 37 2/2004 Agreement Number 203.MOO4 -.... or more [for state funds]. 2 Recipients and sub-recipients who are Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations shall have written property management standards in compliance with OMB Circular A-IIO that include: (a) a property list with all the elements identified in the circular; and, (b) A procedure for conducting a physical inventory of equipment at least once every two years. The property records must be maintained on file and shall be provided to the department upon request. 3. Equipment purchased with federal funds with an acquisition cost over $5,000 and equipment purchased with state funds with an acquisition cost over $1,000 that is specifically identified in the proposal application approved by the agency is part of the cost of carrying out the activities and functions of the grant awards and Title (ownership) will vest in the recipient, subject to the conditions of OMB Circular A-IIO, Subpart C, paragraph .34. Equipment purchased under these thresholds is considered supplies and is not subject to property standards. Equipment purchased with funds identified in the budget attachments to agreements covered by this agreement, or identified in the sub-agreements with sub-recipients (not included in a cost methodology), is subject to the conditions of section 273, F. S. and 60A-1.0017, F. A. C. or Title 45 CFR part 74. 4. Real property means land (including land improvements), buildings, structures and appurtenances thereto, but excludes movable machinery and equipment. Real property may not be purchased with state or federal funds through agreements covered under this agreement without the prior approval of the agency and the Department of Elder Affairs. Real property purchases from Older Americans Act funds are subject to the provisions of Title 42, Chapter 35, Subchapter III, Part A., Sec. 3030b United States Code (USe). Real property purchases from state funds can only be made through a - fixed capital outlay grants and aids appropriation and therefore are subject to the provisions of section 216.348, F. S. 5. Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted and tested prior to disposal to ensure no confidential information remains. 6. A proposal application amendment is required to be submitted by the recipient and approved by the agency's contract manager prior to the purchase of any item of nonexpendable property not specifically listed in the approved budget. 7. Information Technology Resources The recipient must adhere to the agency's procedures and standards when purchasing Information Technology Resources (ITR) as part of any agreement(s) incorporating this agreement by reference. An ITR worksheet is required for any computer related item costing $1,000.00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel and facilities. The completed ITR worksheet shall be maintained in the LAN administrator's file and must be provided to the agency upon request. The recipient has the responsibility to require any subrecipients to comply with the agency's ITR procedures. - B. Copyright Oause The recipient may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under any agreement(s) incorporating this agreement by reference. The Department of Elder Affairs reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for state and federal purposes, and to authorize others to do so. Other .._. 14 Agenda Item No. 1604 May 25, 2004 Page 16 of 37 ._._--~. '-'- --... ........,,""- "'--~. -, -----. ... 2/2004 Agreement Number 203.M004 rights of the department, agency and recipient are described in Title 45 CFR, sec. 74.36, and section 286.021, F.S,. C. Investigation of Criminal Allegations Any report that implies criminal intent on the part of this recipient or any subrecipient and referred to a governmental or investigatory agency must be sent to the agency. If the recipient has reason to believe that the allegations will be referred to the State Attorney, a law enforcement agency, the United States Attorney's Office, or other governmental agency, the recipient shall notify the Inspector General at the department inunediate1y. A copy of all documents, reports, notes or other written material concerning the investigation, whether in the possession of the recipient or subrecipient, must be sent to the department's Inspector General with a summary of the investigation and allegations. D. Disaster In preparation for the threat of an emergency event as defined in the State of Florida Comprehensive Emergency Management Plan, the Department of Elder Affairs may exercise authority over an area agency or recipient to implement preparedness activities to improve the safety of the elderly in the threatened area and to secure area agency and service provider facilities to minimize the potential impact of the event. These actions will be within the existing roles and responsibilities of the area agency and its recipient. In the event the President of the United States or Governor of the State of Florida declares a disaster or state of emergency, the Department of Elder Affairs may exercise authority over an area agency or recipient to implement emergency relief measures andlor activities. In either of these cases, only the Secretary, Deputy Secretary or hislher designee of the Department of Elder Affairs shall have such authority to order the implementation of such measures. All actions directed by the department under this section shall be for the purpose of ensuring the health, safety and welfare of the elderly in the potential or actual disaster area, E. Volunteers The recipient will promote the use of volunteers as prescribed in section 306(a)(12), Older Americans Act and section 430.07, F.S.. In addition, the recipient will increase the use of volunteers in the planning and service area by providing training, technical assistance and funding, where possible, to support volunteer efforts of their service contractors. F. Business Hours Recipients who are lead agencies, as defined in section 430.203(9), F.S. or who provide elder helpline services pursuant to this agreement must also maintain minimum business hours from 8:00 AM until 5 :00 PM, Monday through Friday excluding national and state holidays. G. Management Information Systems For all program agreements incorporating this agreement by reference for which collection of client data 15 Agenda Item No. 1604 May 25, 2004 Page 17 of 37 _ .... ____. ___n_._.___. 2/2004 Agreement Number 203.M004 .- in electronic format (CIRTS. for example) is required: 1. Recipients who are lead agencies will ensure the collection and maintenance of consumer and service information on a monthly basis from the Client Information Registration and Tracking System (CIRTS) or any such system designated by the agency. Maintenance includes valid exports and backups of all data and systems according to agency standards, 2. Recipients who are lead agencies must enter all required data per the Department of Elder Affair's CIRTS Policy Guidelines for consumers and services in the CIRTS database. The data must be entered into the CIRTS before the recipients submit their request for payment and expenditure reports to the agency. The agency shall establish time frames to assure compliance with due dates for the requests for payment and expenditure reports to the department. 3. Recipients who are lead agencies will run monthly CIRTS reports and verify consumer and service data in the CIRTS is accw-ate. This report must be submitted to the agency with the monthly request for payment and expenditure report and must be reviewed by the agency before the recipient's request for payment and expenditure reports can be approved by the agency. 4. Failure to ensure the collection and maintenance of the CIRTS data may result in the agency enacting the "Enforcement" clause of this agreement (see Section ill, C.), including delaying or withholding payment until the problem is corrected. 5. Computer System Backup and Recovery -, Each recipient who is a lead agency, among other requirements, must anticirtate and prepare for the loss of information processing capabilities, The routine backing up of :~,~ data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of recipient functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources, It is recommended that a copy of the backed up data be stored in a secure, offsite location. The recipient and subrecipient(s) shall maintain written policies and procedures for computer system backup and recovery. These policies and procedures shall be made available to the agency upon request. H. Consumer Outcomes 1. The recipient will develop consumer outcome measures consistent with those developed by the agency. 2. As required by the legislature for perfonnance-based program budgeting, the agency will set targets for the performance of outcome measures. The recipient will be responsible for achieving these targets. I. Surplus/Deficit Report: The recipients who are lead agencies will submit a consolidated surplus/deficit report in a format provided by the agency to the agency's fiscal department by the 15th of each month. This report is for all agreements between the provider and the agency. The report will include the following: 1. the recipient's detailed plan on how the surplus or deficit spending exceeding the threshold specified - 16 Agenda Item No. 1604 May 25, 2004 Page 18 of 37 ,". --,~ '". . '-"~ .. - ~.,---.. . - ,.-.. ..._" ...- - -- -... ..-...- - .----.--.-- ------------ 2/2004 Agreement Number 203.M004 by the agency will be resolved. 2. recommendations to transfer funds to resolve surplus/deficit spending. IN WITNESS THEREOF, the parties hereto have caused this~age agreement to be executed by their undersigned officials as duly authorized. RECIPIENT: Area Agency on Aging Collier County Services for Seniors for Southwest Florida, Inc., d/b/a Senior Solutions of Southwest Florida BOARD PRESIDENT OR AUTHORIZED DESIGNEE SIGNED SIGNED BY: BY: NAME: NAME: CHRISTOPHER LIKENS TITLE: TITLE: BOARD PRESIDENT DATE: March 1. 2004 DATE: MARCH 1. 2004 FEDERAL ID NUMBER: RECIPIENT FISCAL YEAR ENDING DATE: Aw:;~ .Aaa1ataDt ntJ Attorn., (Revised February 2004) 17 Agenda Item No. 1604 May 25,2004 Page 19 of 37 2/2004 Agreement Number 203.M004 - ATTACHMENT I CERTIFICA nON REGARDING LOBBYING CERTIFICATION FOR CONTRAcrs, GRANTS, LOANS AND COOPERATIVE AGREEMENT The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or wm be paid, by or on behalf of the undersigned, to any person for influencing or attempting to intluence an offieer or employee of any state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator, in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was --, made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code, Any person who fails to file the required certification shall be subject to a civil penalty of not less than SIO,ooO and not more than S100,Ooo for each such failure. March 1. 2004 Signature Date Name of Authorized Individual Application or Contract Number Name and Address of Organization A. DOEAForm 103 (Revised Noy 2002) - 18 Agenda Item No. 1604 May 25, 2004 Page 20 of 37 -.--..,-- .-,~..'_" - -,_.~ -_._~----- 2/2004 Agreement Number 203.M004 ATTACHMENT IT INSTRUCTIONS CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INEUGffilLITY AL~ VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS 1. Each recipient of federal financial and non-financial assistance that equals or exceeds $100,000 in federal monies must sign this debarment certification prior to contract execution. Independent auditors who audit federal programs regardless of the dollar amount are required to sign a debarment certification form, Neither the Department of Elder Affairs nor its contract recipients can contract with subrecipients if they are debarred or suspended by the federal government. 2. This certification is a material representation of fact upon which reliance is placed when this agreement is entered into. If it is later determined that the signed lmowingly rendered an erroneous certification, the ,Federal Government may pursue available remedies, including suspension and/or debarment. 3. The recipient shall provide immediate written notice to the contract manager at any time the recipient leams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The tenns "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Defmitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. You may contact the contract manager for assistance in obtaining a copy of those regulations, 5. The recipient further agrees by submitting this certification that, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract unless authorized by the Federal Government. 6. The recipient further agrees by submitting this certification that it will require each subrecipient of agreements referencing this agreement whose payment will equal or exceed $100,000 in federal monies, to' submit a signed copy of this certification with each subagreement. 7. The Department of Elder Affairs may rely upon a certification by a recipient/subrecipient entity that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the department knows that the certification is erroneous. 8, The recipient may rely upon a certification by a subrecipient entity that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the recipient knows that the certification is erroneous. 9. The signed certifications of all subrecipients shall be kept on file with recipient. DOEA FORM 112A (Revised February 2004) 19 Agenda Item No. 1604 May 25, 2004 Page 21 of 37 -----....-..-- 2/2004 Agreement Nwnber 203.M004 - CERTIFICA nON REGARDING DEBARMENT, SUSPENSION, INELIGmn..ITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS This certification is requir~ by the regulation implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360-20369). (1) The prospective recipient certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracting with the Department of Elder Affairs by any federal department or agency. (2) Where the prospective recipient is unable to certify to any of the statements in this certification, such prospective recipient shall attach an explanation to this certification. - Signature Date March 1. 2004 Name and Title of Authorized Individual (Print or type) Name of Organization & legal autricienoy :::::::--; DOEA FORM 112B .. (Revised Apnl 200 1 ) ,"""-" 20 Agenda Item No. 1604 May 25, 2004 Page 22 of 37 ---, ----.. ..- .._- .._- 2/2004 Agreement Number 203.M004 ATTACHMENT ill Audit Attachment The administration of funds awarded by the agency to the recipient, and the sub-recipient through agreements with the Tp.cipient, may be subject to audits and/or monitoring by the agency and other authorized state personnel or federal personnel as described in this section. Monitorin2 In addition to reviews of audits conducted in accordance with OMB Circular A-I33 and section 215,97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by agency staff, limited scope audits as defmed by OMB Circular A-I33, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the agency. In the event the agency detennines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the agency to the recipient regarding such audit. The recipient further agrees t6 comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller, Auditor General or state/federal personnel. OTHER REQUIREMENTS If the recipient is a non-profit organization, the Oath of Not for Profit Status form (EXHIBIT 2 of this attachment) must be completed and returned to the agency with the signed contract. Audits PART I: FEDERALLY FUNDED This part is applicable if the recipient or subrecipient is a State or local government or a non-profit organization as defmed in OMB Circular A-I33, as revised, 1. In the event that the recipient or subrecipient expends $300,000 ($500,000 for fiscal years ending after December 31, 2003) or more in Federal awards in its fiscal year, the recipient or subrecipient must have a single or program-specific audit conducted in accordance with the provisions ofOMB Circular A-B3, as revised. Federal funds awarded through the agency by this agreement, if any, are indicated in section II. A. of the contract(s) covered by this agreement. In determining the Federal awards expended in its fiscal year, the recipient or subrecipient shall consider all sources of Federal awards, including Federal funds received from or passed through the agency. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-B3, as revised. An audit of the recipient or subrecipient conducted by the Auditor General in accordance with the provisions OMB Circular A-l33, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient or subrecipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-B3, as revised. 21 Agenda Item No. 1604 May 25, 2004 Page 23 of 37 2/2004 Agreement Number 203.M004 ,~-- 3. If the recipient or subrecipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A-l33, as revised, is not required. In the event that the recipient expends less than $300,000 ($500,000 for flScal years ending after December 31, 2003) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4, Information regarding audit requirements contained in OMB Circular A-l33 and section 215.97, F.S., can be obtained from the following web-sites; htto://www. whitehouse.gov/omb/circularsl and: htto:llwww .leg.state. fl. us! PART II: STATE FUNDED This part is applicable if the recipient is a non-state entity as defined by section 215.97, F.S.. 1. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. State grants and aids amounts awarded through the agency by this agreement are indicated in section II. A. of the contract(s) of which this - agreement is an attachment. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the agency, other state agencies, and other nonstate entities except that State awards received by a non-state entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed in Part II, paragraph 2, the recipient shall ensure that the audit complies with the requirements of section 215.97, F.S.. This includes submission of a reporting package as defined by section 215.97, F.S., and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations) Rules of the Auditor General, to include an auditor's examination attestation report, management assertion report (alternatively, management's assertion may be included in the management representation letter), and a schedule of State fmancial assistance. The auditor's examination attestation report must indicate whether management's assertion as to compliance with the following requirements is fairly stated, in all material respects: activities allowed or unallowed; allowable costs/cost principles; matching (if applicable), and; reporting. 3. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from 'non-State funds (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). .-. 22 Agenda Item No. 1604 May 25, 2004 Page 24 of 37 _._w__ -^'.~--,~-.<<- ---.-. . - 2/2004 Agreement Number 203.M004 PART ill: REPORT SUBMISSION For lead agencies only copies of reporting packages for audits conducted in accordance with OMB Circular A-l33, as revised, and required by PART I of this attachment shall be submitted, when required by section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following within 45 days of receipt of the report but no later than nine (9) months of recipient's fiscal year end: A. Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions of Southwest Florida at the following address: Senior Solutions of South west Florida Attn.: Fiscal Department 2285 First Street Fort Myers, FL 33901 PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this attachment for a minimum period of five (5) years from the date the audit report is issued or longer if requested by the agency in writing, and shall allow the agency or its authorized designee, and the Comptroller or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the agency or its designee, and the Comptroller or Auditor General upon request, for a minimum period of five (5) years from the date the audit report is issued, or may need to be longer if requested in writing by the agency. PART V: SPECIFIC REQUIREMENTS OF AGENCY ADMINISTERED PROGRAMS 1. The agency requires a supplemental schedule of functional expenses be prepared in a format provided by the agency, which presents costs by service (as defined by the agency), including units of service delivered, for recipients or subrecipients expending state or federal awards for services performed by their employees, contractors, and other payees who receive payment from agency-administered funds for units of service recorded in the agency's Client Registration and Tracking System (CIRTS). This supplemental schedule shall be prepared using the same methodology as used in determining the contractual rates. Government entities are excluded from this requirement. 2. If an audit is not required or performed, the head of the recipient entity or organization must provide a written attestation, under penalty of perjury, that the recipient has complied with the allowable cost provisions (congruent with the Reference Guide for State Expenditures and OMB Circular A-122 or A-87, whichever is applicable). EXHIBIT 1 to this attachment provides an example attestation document that should be used by the agency head or authorized signatory for contracts to attest to compliance with these provisions. 3. Interest earned on federal funds or general revenue funds must be returned to the agency. A chart is included in all contracts identifying the ftmding source(s), program titles, applicable CFDA or CSFA numbers and the amount of funds granted. 4. Specific requirements for match, co-payments, and program income applicable to programs administered by the agency are outlined in the following applicability chart, Brief definitions of terms used in the chart are included. (Revised February 2004) 23 Agenda Item No. 1604 May 25, 2004 Page 25 of 37 -- 2/2004 Agreement Nwnber 203.MOO4 APPLICABILITY CHART tH. l '5," Match Program income Co-payment (CCE) . recipients must match at least 10 percent of the . may be deposited in an interest bearing · must be used to increase services in the Community cost for all Comrmmity Care for the Elderly account and used to increase services in same contract year as earned or carried Care for the services. the same contract year as earned or carried forward and spent in the next state fiscal Elderly forward and spent in the next state fiscal year to increase services. Program · match may be either by cash, certified public year expenditure, or third-party in-kind . voluntary contributions may be used to · all CCE funds expended must be properly meet local match requirements matched at the end of the contract period · CCE core service funds cannot be used as match for AAA administration costs (BCE) · may be spent in the same contract year as Home Care earned., or carried forward and spent in for the the next state fiscal year Elderly Program (ADI) . may be deposited in an interest bearing · must be used to increase services in the Alzheimer's account and used to increase services in same contract year as earned or carried Disease the same contract year as earned or forward and spent in the next state fiscal Initiative carried forward and spent in the next state year to increase services. fiscal year . can not be used for cost sharing (LSP) · may be spent in the same contract year as Local earned or carried forward and spent in the Service next state fiscal year Programs 24 Agenda Item No. 16D4 May 25, 2004 Page 26 of 37 - "'__k'" "--, -,'.. -._~ -."-.--- ^".--- - -- -_._-- ------.- 2/2004 Agreement Number 203.M004 ATTACHMENT III EXHIBIT - 1 MANAGEMENT ATTESTATION LETTER (To be completed at the end of recipient or sub-recipient's fiscal year) Contract or Agreement Number: 1, , hereby attest under penalty of perjury (recipient's authorized representative) that Collier County Services for Seniors based on the criteria I (recipient agency name) set forth in the department's Audit Attachment, PARTS I and II, that: A. The above narned recipient agency is not required to provide an audit report or reporting package because [check applicable statement(s)]: D the above-named entity has not expended $300,000 ($500,000 for ftScal years ending after December 31, 2003) or more in total federal awards in its fiscal year and therefore is not required to have a single or program-specific audit performed in accordance in OMB Circular A-133, as revised, and/or; D the above-named entity has not expended a total amount equal to or in excess of $300,000 in state awards in its fiscal year and therefore is not required to have a State single or program-specific audit in accordance with section 215.97, Florida Statutes. B. The recipient has complied with the allowable cost provisions [congruent with State and Federal law, generally accepted accounting principles, the Department of Financial Services' Reference Guide for State Expenditures, and Office of Management and Budget (OMB) Circular A-122, A-llO, or A-87, whichever is applicable]. By making this statement the recipient has considered not only funding or awards from the department, but all sources of Federal and State funding or awards. Fiscal year ended (Month, day, year) (Signature) (Title) March 1, 2004 (Date) A 27 Agenda Item No. 1604 May 25,2004 Page 29 of 37 U'_". 2/2004 Agreement Number 203.M004 - ATTACHMENT ill Exhibit - 2 Oath of Not for Profit Status Contract or Agreement Number: As an authorized representative for the Recipient identified herein, and in the above referenced document(s), I do hereby swear under oath that this entity is currently a "not for profit" (non-profit) organization as defined in section SOl(c)(3) of the Internal Revenue Code. If this non-profit status changes for any reason during the life of the above referenced contract or agreement, the Department of Elder Affairs will be notified in writing immediately. - Collier County Services for Seniors Name of Recipient entity Signature of Authorized Representative Printed name and Title of Authorized Representative March 1, 2004 Date of Oath A - (Revised February 2004) 28 Agenda Item No. 1604 May 25, 2004 Page 30 of 37 "......._._-~'" -'..' ..--- ---_-.. -,- 212004 Agreement Number 203.M004 ATI ACHMENT IV CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned, an authorized representative of the recipient named in the contract or agreement to which this form is an attachment, hereby certifies that: (1) The recipient and any sub-recipients of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant-funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all contract supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. (2) Management Information Systems used by the recipient, sub-recipient(s), or any outside entity on which the recipient is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year-date dependent data. For those systems identified to be non-compliant, recipient(s) will take immediate action to assure data integrity, (3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year-date dependent data accurately. All versions of these products offered by the recipient (represented by the undersigned) and purchased by the State will be verified for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the recipient agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the State, and without interruption to the ongoing business of the state, time being of the essence. (4) The recipient and any sub-recipient(s) of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. The recipient shall require that the language of this certification be included in all subcontracts, subgrants, and other agreements and that all sub-contractors shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by OMB Circulars A-I02 and A-IIO. Collier County Service For Seniors Collier County Government Complex 3301 Tamiami Trail E Naples. Florida 33962 Name and Address of Recipient March 1, 2004 Signature Title Date Name of Authorized Signer (Revised February 2004) 29 APKr5::~ Agenda Item No. 1604 May 25, 2004 Page 31 of 37 AIIlItult tr AtiorMf 2/2004 Agreement Number 203.M004 - . The reviewer(s) must provide written notification to the requester, within 7 calendar. days after the grievance revievv, stath1g: the decision, the reasons therefore in detail; the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until all appeals are exhausted; the individual's right to appeal an adverse decision to the Area Agency on Aging by 'Written request within 7 calendar. days, except in decisions involving the professional judgement of a legal assistance provider; the availability of assistance in writing, submitting and delivering the appeal to the appropriate agency; the opportunity to be represented by himselfi'herself or by legal counsel, a relative, a friend or other qualified representative; for legal assistance service appeals, the individual's right to file a grievance with the Florida Bar regarding complaints related to the actual legal representation provided. PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION UPON TIMELY RECEIPT OF A WRITTEN APPEAL TO THE AREA AGENCY ON AGING . Within 7 calendar. days of the receipt of a notice of appeal of a grievance review decision, the AAA must acknovvledge receipt of the notice of appeal by a written statement delivered to the appeUant. This statement must also provide notice of: the time and place scheduled for the appeal; the designation of one or more impartial AAA officials who have not been involved in the decision at issue; the opportunity to examine at a reasonable time before the appeal the individual's own case record to date, and to a copy of such case record at no cost to the individual; the opportunity to informally present argument, evidence, or witnesses without undue interference during the appeal; assistance, if needed, in order to attend the appeal; - and the stopping of the intended action until all appeals are exhausted. . AU appeals of grievance revievvs must be conducted at a reasonable time, date and place by one or more impartial AAA officials who have not been directly involved in the initial determination of the action in question. . The designated AAA official(s) must provide written notification to the requester within 7 calendar. days after considering the grievance revievv appeal, stath1g: the decision, and the reasons therefore in detail; the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until all appeals are exhausted; the individual's right to appeal, if applicable. . Except for Medicaid Waiver actions, the decision of the AAA shall be the fmal decision; and the availability of assistance in requesting a fair hearing, including a notice regarding accommodations as required by the ADA. . All records of the above activities must be preserved and remain confidential. A copy of the fmal decision must be placed in the client's file. · In computing any period of time prescribed or allovved by these guidelines, the last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in vvhich event the period shall run until the end of the next day vvhich is neither a Saturday, Sunday, or legal holiday. - 31 Agenda Item No. 1604 May 25,2004 Page 33 of 37 ^."- .-., - -.--.- 212004 Agreement Number 203.MOO4 ATTACBMENTVI INTERMEDIATE MEASURES INDICATORS MEASUREMENT INTERMEDIATE Section 430.04 (2), F .S. MEASURES Section 430.04 (2), F.S. Lacks financial stability . Failure within the same fiscal . Temporary assumption of sufficient to meet contractual year in which due to pay operations and functions obligations or that contractual short-term loans related to the problem area funds have been misappropriated . Failure to transfer at the within the agency appropriate time, due to lack . Placement on probationary of funds status for a specified period o Taxes withheld on sufficient to address the income of identified problems employees . Impose a time limited o Employer and moratorium on agency employee contributions . Reduce any advances for the for federal social following year to 30 days security or any pension, and examine surpluses for retirement, or benefit redistribution. plan for an employee . Failure for one pay period to pay, due to lack of funds o Wages and salaries owed to employees o Retirement benefits owed to former employees . An wrreserved or total fund balance or retained earnings deficit for which sufficient resources are not available to cover the deficit for 2 successive years An intentional or negligent act . Intentional or Repeated . Impose a time limited of the agency has materially violations of the requirement moratorium on agency affected the health, welfare, or to serve APS clients within . Temporary assumption of safety of clients, or substantially 72 hours operations and functions and negatively affected the . Any other verifiable report related to the problem area operation of an aging services of such actions within the agency program Committed multiple or repeated . Achievement levels from . Unannounced special violations oflegal and monitoring reviews monitoring regulatory requirements or . Any other verifiable report of . Reduction in advances for department standards such actions following year and review of surpluses for redistribution . Appropriate Corrective action Agenda Item No. 1604 May 25, 2004 32 Page 34 of 37 i - 212004 Agreement Number 203.M004 ,- AITACHMENT VI (cont.) INTERMEDIATE MEASURES INDICATORS MEASUREMENT INTERMEDIATE Section 430.04 (2), F.S. MEASURES Section 430.04 (2), F.S. Failed to adhere to terms of its · Achievement levels from · Placement on probationary contract with the Department monitoring reviews status for a specified period to · Adherence to Area Plan address identified problems · Any other verifiable report of · Financial penalties such action · Re-allotment of surplus funds to other planning and service areas · Appropriate Corrective action Failed to implement and · Achievement levels from · Appropriate Corrective action maintain department approved monitoring reviews client grievance resolution · Any other verifiable report of procedure such action Failed to continue the provision · Achievement levels from · Temporary assumption of or expansion of services after the monitoring reviews agency operations and declaration of a state of · Any other verifiable report of functions to implement ,-. emergency such action emergency service plan - - Agenda Item No. 1604 May 25, 2004 33 Page 35 of 37 ...., --..- ---. ~._,..- --.-. 2/2004 Agreement Number 203.M004 Attachment VII Health Insurance Portability and Accountability Act (HIP AA) of 1996 The department and the recipient will comply with all requirements of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. The department and the recipient recognize that each is a "Business Associate" of the other under the tenns of lllP AA. As such, each agrees to the following: (a) That neither party will use or disclose protected health information for any purpose other than as authorized by law, by this contract, or by separate agreement between the parties. (b) That each party will not use or disclose protected health information in a manner which would be a prohibited use or disclosure if made by the other. (c) That each party will maintain safeguards as necessary to ensure that the protected health information is not used or disclosed except as provided by law, by this contract, or by separate agreement between the parties. (d) That each party will report to the other any use or disclosure of the protected health information of which it becomes aware that is not provided for by law, by this contract, or by separate agreement between the parties. (e) That each party will ensure that any of its subcontractors or agents to whom it provides protected health information received from the other agree to the same restrictions and conditions that apply to each other with respect to such information. (f) That each party will follow an agreed upon process established to provide access to protected health information to the subject of that information when the other has made any material alteration to the information. This process will include how each party would determine in advance how the other would know or could readily ascertain when a particular individual's protected health information has been materially altered by the other and how it could provide access to such information. This process will establish how each party would provide access to protected health information to the subject of the information in circumstances where the information is being held by the other. (g) That each party will provide health information to the subject of the information in accordance with the subject's right to access, inspect, copy, and amend their health infonnation. (h) That each party will make available to the other its internal practices, books and records relating to the use, disclosure, and tracking of disclosure of protected health information received from the other or its agents for the purposes of enforcing compliance with HIP AA. (i) That each party will assist the other in meeting its obligation to provide, at an individual's request, an accounting of all uses and disclosures of personal health information which are not related to treatment, payment, or operations within 60 days of the request of an accounting. (j) That each party will incorporate any amendments or corrections to protected health information when notified by the other that the information is inaccurate or incomplete. (k) That at the termination of this contract, unless a new contract is agreed upon, each party will return or destroy all protected health information received from the other that it still maintains in any form. (1) That either party may terminate this contract if it learns that the other has repeatedly violated a term of this contract provision. (m) That each party will disclose only the minimum amount of information necessary to accomplish the permitted use of the protected health information, This minimum use requirement ~es n~ alfflliri~foW3&~n provided for treatment or to disclosures required by law. gen a ~ay 2~t 2004 34 Page 36 of 37 - 2/2004 Agreement Number 203.M004 _.. (n) That each party will limit the use and disclosure of protected health information to the minimum number of employees necessary by class of employee and type of information to accomplish the permitted use of the information. (0) That each party will meet at least the minimum security requirements for the protection of protected health information as required by HIPAA. (P) That each party is bound by the tenns of the ''Notice of Practices" of the other with regard to protected health information it receives from the other. ,- -, Agenda Item No. 1604 May 25, 2004 35 Page 37 of 37 ,-, ~.~- ,- EXECUTIVE SUMMARY Approve a request to apply for a Florida Clean Vessel Act Grant for pump out stations at Caxambas Park and Cocohatchee River Park Obiective: To promote recreational boating and environmental stewardship through available grant opportunities. Considerations: The Parks and Recreation Department operates two marinas, one at Cocohatchee River Park and the other at Caxambas Park. This grant would fund the installation of vessel pump out stations at these facilities. The stations would hook into the sewer lines at the parks to allow for clean and safe dispose of boat sewage. Fiscal Impact: Under the terms of the grant program the County is required to pay 25% of the total amount, which is estimated to be $60,000. If awarded the grant, staff will prepare a budget amendment to appropriate match in the estimated amount of $15,000 from 306 Reserves. Also under the terms of the grant the County may charge up to $5 for use of the pump out station. Growth Manaaement Impact: No impact to the Growth Management Plan is related to this action. - Recommendation: That the Board of County Commissioners approve this request to apply for a Florida Clean Vessel Act Grant for pump out stations at Caxambas Park and Cocohatchee River Park -. ,- Agenda Item No. 16D5 May 25, 2004 10f2 _._._._._------,,~,,--..~,.,'-_. --_.."'~''''-.""...,'',......-...,..-." ,."~..~.,.._';._-,-,_.~..,..".",.,.,...,'" COLLIER COUNTY _. BOARD OF COUNTY COMMISSIONERS Item Number 1605 Item Summary Approve a request to apply for a Florida Clean Vessel Act Grant for pump out stations at Caxambas Park and Cocohatchee River Park Meeting Date 5/25/2004 9:00:00 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 5/14/200412:38 PM Approved By John Dunnuck Public Services Administrator Date Public Services Public Services Admin. 5/17/20049:23 AM Approved By Pat lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5/17/20049:37 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 5/17/2004 11 :45 AM Approved By ,-" Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5/17/20041:27 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5118/20049:08 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/18/20045:02 PM - Agenda Item No. 1605 May 25, 2004 20f2 -,.>~,,-"-~_.~. - ..~~-- . --.,--- ,- EXECUTIVE SUMMARY Authorize rental of trucks from Enterprise Rent A Car at an estimated cost of $35,000 for the transportation of food to recreation and school sites under the Summer Food Grant Program Obiective: To obtain cost-effective and reliable transportation for summer food delivery. Considerations: For the past eleven (11) years Collier County has entered into a rental agreement with Enterprise Rent A Car for vehicles to transport meals to school and recreation summer camps throughout Collier County. Enterprise Rent A Car is a sole source vendor due to the types of vehicles needed. Pick- up trucks are the vehicle of choice due to load capacity, ease of driving, and cost. Trucks are not available through any other local vendor or on State contract. The Enterprise Rent A Car rate is $181.95 per vehicle per week, plus a State surcharge. This rate is the same as last fiscal year. ,- Fiscal Impact: The estimated cost of $35,000 is reimbursable by the Summer Food Grant Program, Fund 119-156342. Growth Manaaement Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners authorize rental of trucks from Enterprise Rent A Car for the Summer Food Grant Program. ,- Agenda Item No. 16D6 May 25, 2004 Page 1 of 2 ,--~.,~.~'...".., ,,,...... ',,-.- . ~~""---'""--- COLLIER COUNTY ,,~ BOARD OF COUNTY COMMISSIONERS Item Number 16D6 Item Summary Authorize rental of trucks from Enterprise Rent A Car at an estimated cost of $35,000 for the transportation of food to recreation and school sites under the Summer Food Grant Program Meeting Date 5/25/2004 9:00:00 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 5/14120047:13 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 5/17/200412:23 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 5/17/20048:46 AM Approved By John Dunnuck Public Services Administrator Date - Public Services Public Services Admin, 5/17/20049:21 AM Approved By Pat lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5/17/20042:13 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 5/17/20044:29 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/18/20046:29 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/19/20048:54 AM ,- Agenda Item No. 16D6 May 25, 2004 Page 2 of 2 _n."'_._ -~~_.~.,-~ -- EXECUTIVE SUMMARY Approve a Memorandum of Agreement with the District School Board of Collier County for use of school cafeterias in conjunction with the Summer Food Service Program Oblective: To provide free nutritious lunches during the summer months to children in disadvantaged neighborhoods. Considerations: The Summer Food Service Program is a grant funded by the United States Dcpartmcnt of Agriculture Food and Nutrition Scrvice and administered by thc Florida Department of Education. The purpose of the program is to ensure that children can receive the same high quality meals during the summer as provided by the schools during the school year. Staff has successfully administered the Summer Food Service Program for the past twenty years in conjunction with the summer camp program. This summer the program will provide an estimated 120,000 breakfasts, 120,000 lunches, and 4,000 snacks. Under the proposed agreement the School Board will furnish school cafeterias to the Parks and Recreation Departmcnt for the purposc of prcparing and delivering meals provided by the summer food service program. School Food Service Managers will be - hired by the Parks Department to run and operate the cafeteria facilities. All food and supplies will be sold to Parks and Recreation at cost plus 2%. The term of the Agreement is from June 1 to the second week of August each year for five years, 2004 to 2008, with an additional five-year agreement with approval of both parties. Fiscal Impact: The program is budgeted under the FY 04 Food Grant Fund in the amount of $462,000. The State will reimburse the County for 100% of expenses. Growth Manaaement Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners approves the Memorandum of Agreement with the District School Board of Collier County for use of school cafeterias in conjunction with the Summer Food Service Program and authorizes the chairman to sign. ,- Agenda Item No. 1607 May 25, 2004 Page 1 of 3 ~~...'---_._" , ,. ,_"".."__..._"H'''''_'''''____....., ,.-'. -'~""-'""'-".',"," COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number 1607 Item Summary Approve a Memorandum of Agreement with the District School Board of Collier County for use of school cafeterias in conjunction with the Summer Food Service Program Meeting Date 5/25/2004 9:00:00 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 5/17/200412:21 PM Approved By John Dunnuck Public Services Administrator Date Public Services Public Services Admin. 5/17/20049:20 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 5/18/20048:19 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 5/181200412:51 PM --, Approved By Pat lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5/18/20042:29 PM Approved By Gary A, Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 5/18/20043:19 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/18/20046:31 PM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 5/19/20048:59 AM - Agenda Item No. 16D7 May 25, 2004 Page 2 of 3 -"-~---- -.-.,-. -- ...-- MEMORANDUM OF AGREEMENT COLLIER COUNTY PARKS & RECREATION DEPARTMENT SUMMER FOOD SERVICE PROGRAM The District School Board of Collier County (Schools), whose address is 5775 Osceola Trail, Naples, Florida 34109, agrees to furnish School cafeterias to the Collier County Parks and Recreation Department (Sponsor), whose address is 3300 Santa Barbara Blvd., Naples, Florida 34116, for the purpose of preparing and delivering meals for summer park sites and summer school facilities by the Sponsor. This agreement is with the understanding that current School Food Services Managers will be hired by the Sponsor to run and operate the facilities being used to produce meals for the summer park sites and school activities. It is understood that the Sponsor agrees to leave the kitchens clean, in good repair and ready for the next school year. Each meal will meet the specifications as set forth by the USDA Summer Food Program Regulations, 7CFR Part 225. Use of the cafeterias will begin on June 1 through the second week of August each year for five (5) years, 2004 thru 2008, with an additional five (5) year agreement with the approval of both parties. Program dates are subject to minor changes based upon future school calendars. Either party may cancel this agreement with sixty (60) days notice. All food and supplies will be sold to the Sponsor at the Schools' cost plus two percent (2%) per case. The Sponsor agrees to request monthly cash advances from the Department of Education. The Schools shall prepare an invoice for all food and supplies received by the Sponsor at the end of each month. The Sponsor agrees to reimburse the Schools upon verification of the invoice and within thirty (30) days, IN WITNESS WHEREOF: The parties hereto have caused this Agreement to be executed by their duly authorized officers. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY, FLORIDA BY: BY: Donna Fiala, Chairman THE DISTRICT SCHOOL BOARD OF Witness t7School Board COLLIER COUNTY BY: Witness f1School Board Dick J. Bruce, Chair Approved as to form and Legal sufficiency: '12~/ --; Robert Zacahary Agenda Item No. 1607 Assistant County Attorney May 25,2004 Page 3 of 3 -"-'" EXECUTIVESU~ARY Authorize conveyance of an Easement to Florida Power & Light Company for electric utility facilities to service the Naples Jail Center expansion at a cost not to exceed $15.00, Project Number 520081. OBJECTIVE: To secure Board of County Commissioners' (Board) approval and execution of the attached Easement required by Florida Power & Light Company (FPL) to provide electric service to the Naples Jail Center addition located on the main government campus north of and adjacent to the existing jail structure. CONSIDERATION: Thc Board approvcd the Nap1cs Jail cxpansion and rcnovation at their June 24, 2003, meeting under Item 1O.G. As a result of the expansion, the conveyance of the attached Easement to FPL is now required in order for FPL to provide electric service to the jail addition. The easement varies from five to ten feet in width and is shown and described on Exhibit "A" to the Easement. Real Estate Services' staff Appraiser valued the easement area at $9,250. The County will not be paid for this conveyance because the easement grant is a requirement of FPL providing service. This request and Easement document have 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 $15.00. Funding is available in Correctional Facilities Impact Fee Fund (381), Naples Jail Renovation and Expansion. GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth Management Plan. RECO~ENDA TION: That the Board of County Commissioners: 1. Approve the attached Easement; and 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, 16E 1 May 25, 2004 1 of 5 "'_''''''''X'''''''''''''''~'''''''''''''''''."_'_''''''_'''''''''~' ,.. ,."..~."._.~ COLLIER COUNTY ,- BOARD OF COUNTY COMMISSIONERS Item Number 16E1 Item Summary Authorize conveyance of an Easement to Florida Power & Light Company for electric utility facilities to service the Naples Jail Center expansion at a cost not to exceed S 15.00, Project Number 520081, Meeting Date 5/25/2004 9:00:00 AM Prepared By Toni A. Mott Real Properly Supervisor Administrative Services Facilities Management Approved By Toni A, Mott Real Property Supervisor Date Administrative Services Facilities Management 4/2812004 2:08 PM Approved By Charles E. Carrington, Jr., SRI Real Estate Services Manager WA Date Administrative Services Facilities Management 5111/20047:37 AM Approved By Skip Camp, C.F,M. Facilities Management Director Date ,- Administrative Services Facilities Management 5/11/20048:27 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 5/12120048:19 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5/14/2004 1 :40 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5117/200410:30 AM Approved By James V, Mudd County Manager Date Board of County County Manager's Office Commissioners 5/18/20045:04 PM ,- Agenda Item No. 16E1 May 25, 2004 20f5 -.,-..----. , -- .__.~~" " ".--- -"-- . EASEMENT Form 3722-A (Stocked) Rev.7/94 Work Order No. 4336-42-547 Prepared By: Name: J.W. White Sec. 12, 'fwp. 50S, Rge. 25E. Co.Name: FP&L Co. ParcelLD.00389600008 Address: 4105 S.W. 15th Ave. (Maintained by Property Appraiser) Naples, Fl. 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 well as, the size of and remove such facilities or any of them within an easement described as follows: An FP&L Company easement more particularly described on Exhibit "A" attached hereto and made a part hereof. Said easement prepared by Richard J. Ewing of Coastal Engineering Consultants Inc. 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 Approved as to form and L~CY: ~~_____ - - Ellen T. Chadwell. Assistant County Attorney Agenda Item No. 16E1 May 25, 2004 3 of 5 I I ~ COASTAL CECl Groue SeMces ENGINEERING EXHIBITA- Civil Engineering - Planning SeMces CONSULTANTS Page--L- of z.. Survey & Mopping INC Coastal Engineering Real Estate Approisal A CECI GROUP COMPANY Webslte: www.coostalenglneerlng.com NAPLES JAIL CENTER PROPOSED FLORIDA POWER AND LIGHT EASEMENT LEGAL DESCRIPTION A STRIP OF LAND LYING IN SECTION 12, TOWNSHIP SO SOum. RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THOSE LANDS RECORDED IN O.R BOOK 2267, PAGE 42 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, RUN N89041'10"E ALONG THE EASTERLY I'ROLONGATION OF THE SOUTHERLY LINE OF SAID LANDS FOR A DISTANCE OF 88.37 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N89041'10"E 10.00 FEET; THENCE LEAVING SAID LINE Sooo18'50"E 18.00 FEET; i THENCE S89041'10"W 214.01 FEET; THENCE SOS02S'S7"W 212.11 FEET; i THENCE S43"22'44"W 16.44 FEET; THENCE N66012'54" 79.78 FEET; THENCE SS9047'04"W 196.12 FEET TO A POINT OF CURVATURE; THENCE 32.96 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 47012'34", A CHORD DISTANCE OF 32.03 FEET BEARING S680I0'47"WTO A POINT OF TANGENCY; THENCE S42034'30"W 172.35 FEET: - THENCE N4602I'34"W 16.00 FEET; THENCE N4303S'26"E 10,00 FEET; THENCE S46"21'34"E 10.81 FEET; THENCE N42034'30"E 162.26 FEET TO A POINT OF CUR V A TURE; THENCE 37.0S FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 45,00 FEET, A CENTRAL ANGLE OF 47012'34", A CHORD DISTANCE OF 36.04 FEET BEARING N6S010'47"E TO A POINT OF TANGENCY; THENCE N89047'04"E 209.48 FEET; THENCE S66012'54"E 62.55 FEET; THENCE N43022'44"E 5.95 FEET; THENCE N05"2S'57"E 217,72 FEET; THENCE NS9041'10"E 213.05 FEET; THENCE NOOOI8'50"W 8.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 7,398 SQUARE FEET OR 0.17 ACRES OF LAND. SUBJECf TO EASEMENTS, RESTRICfIONS AND RESERVATIONS OF RECORD. FLO RICHARD 1. EWING, 'tROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFlCATE NO. 5295 NOT VALID WITHoti'T THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO, 04.062 DATE OF SIGNATURE: S--S. D1- ,;.- Agenda, Item No. 16E1 3106 S. Horseshoe Drive, Naples. Florida 34104 · Phone (239) 643-2324 Fax (239) 643.1143 · E-M .~ I cifl.com SERVING FLORIDA SINCE 1977 . .. ." ~_.'"- ---- -'-,,~~-. "~~-"..~- -.."'-'~ .--.. -- EXHIBITL Page~of--Z--- ... .. > POINT OF COWElfCEWEllT --. *'"'....~OI~ --- HERON PARK JJ>AR'I'llENTS ,-- --- (o.A. _ DP......., "" POINT OF BEGINNING ____~_______~.~!1~_______ ----- ~ :c -., . r I r--------------.,~~u~--------------~ f I CXX - CURVE DATA I I ...... ..... ....... I I ...... ...... 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IlAO'UI Off ......00 n:tt, A COf'fML .v.ou: or .rlZ'304-. A Q4CMD /" ""r- ... ) D5TANCC 01 II.JW nn ILUlMG ..U',D'4T'I: TO It. ~.". 01 TANG()ICr~ ,,~/ ~~"''''J~ T14OCI: .....D'cw-C 201." FUT; TMDCt SWI2',W-': IL5I nn~ , , TMOtC:[ IM.!'U....--r S." nET~ , , 'TlCMCI ""'-25'1" 217.n fUT; , , , , 1'lCMCI ......1.'aL ,tJ.05 FUT; .:!~/ 1ltlNCl 1ClV'1'50-W..00 raT TO TN( PQIIlT or KOINMING. ..t'>{.~ SKETCH OF DESCRIPTION nc JoM1t( ~ AliI AI<<A or .t.r'PIIOnMTn.T 7,3M SOUAK nn +,j't~~;- NOT A SURVEY CHI 0.17 ACJlD Of \,NtO. /~"," SUUCT TO tASD<<JlTS. IIIES'TIIIICTlO .uco .ltSnYAT1OfCS 01 I( , ' ~~~/' I '" I Q../ 60 0 30 60 120 SCALE: 1 " = 60' - CO-'STAL , KRAFT CONSTRUCTION OJ/1'/ ,. ENGINEERING .........-- ..... ... COAST.... [~[tIMtG . CONSULT AHTS Iu.&. UlAn A"IWSAI. ~ ./ INC. ~stlr'l'GS SKI:'1'CB or DISCRIPTlON . PROP05EO 'LORIO' POWER AHO UCKT WEWEIlT. . aCIIICII""~ , s.w.e ,.... ... ..n ~ g:~~~~ LY$HG IN SECTION 12, TOWNSHII' 50 SOUTH, IUHCE 25 E.sT, COWER COUHTT. rlORlO.... "01 SOUf)l MOUDMO( CMrtt ..... .....----...........- .- MIII'l.D.. n..o.tc.l )0&104 [-..... - ~.....- - - .. -- -.-....--- ---.--.---- ~"i,i''t''>''-'i{~,'.'',^'"''-''''' ',; .~...- EXECUTIVE SUMMARY Recommendation to approve Amendment No.4, Phase 3 of Contract # 00-3173 for SpilUs Candela DMJM to provide construction administration services for the Courthouse Annex in the amount of $179,690.00. OBJECTIVE: To approve Amendment No.4, Phase 3 of Contract # 00-3173, for Construction Administration Services for floors 1-3 of the Courthouse Annex. CONSIDERATIONS: On June 6, 2001, the Board approved and awarded RFP # 00- 3173 (Design of the Courthouse Annex) to Spillis Candela DMJM.. The Agreement was phased and amcndments are bcing uscd to accommodate available funding: Phase One: Space programming and conceptual design. (Completed 12/20/01) Phase Two: Schematic design, design development, and construction drawings. (Will be completed June 4, 2004). Phase Three: Bidding and Construction Administration Services for a 3-story building with a 4th story building shell. (Will be completed April 1 , 2(06). The space programming, accomplishcd in Phase 1, indicatcd that an 8-story building consisting of 17,500 sq. ft. per floor would be necessary to accommodate the projected -, growth of Courthouse support staff. Due to budget constraints, the project would be built in phases. Negotiations with Spillis Candela DMJM resulted in the following total architectural fee for Phase 3 of $179,690 which is 1.3% of the project budget. The building height was also reduced from 8 stories to 7 stories to accommodate the new proposed Planned Unit Development (PUD) for the Government Complex, which is proposing a maximum height of 110ft. FISCAL IMPACT: Funds from the County Wide Capital Improvement Fund (301) in the amount of $15,450,000 have been budgeted in FY 04 for the design and construction of the 4-story building (3 fmished floors and 1 shell). The negotiated design fee falls well within the budgeted amount. A recap of the funding is as follows: Phase 1 Programming, Schematic design $190,000 Parking deck design only $757,110 Phase 2 Design Development, Const. drawings $435,354 Change Order Finish 3rd floor shell $ 69,716 Design 4th Floor shell $129,518 Phase 3 Construction Administration $179.690 Total Design Fee $1,761,388 - The total design fee is 6.1 % of the Project budget (Annex & Garage) of $29,010,000. Agenda Item No. 16E2 May 25, 2004 1 of 8 -~"-'~"'-"-"-"-"'-'"'-'.""'--""-"-""~-"- "-- "~,."-,,,,,,,,,,-,",,.,,,,,.,III>1t"",.. ."e ~"""""---'''",",-",,",,''''''''''''''''''''''''''-'''''''-'''''~'''' _._".".;;".<...--...".....'_..._.~..,.....~..-". -. ~"..~--~ Executive Summary Contract # 00-3173 Paee 2 GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Projected Space Assessment Analysis Plan. RECOMMENDATIONS: That the Board of County Commissioners approve Amendmcnt No.4, Phase 3 of Contract # 00-3173 to Spillis Candela DMJM for thc Construction Administration Services for the Courthouse Annex and authorize the Chairman to sign the Amendment with Spillis Candela DMJM after review by the County Attorney's Office. .'- - Agenda Item No. 16E2 May 25, 2004 2 of 8 ~'.J__.".,......" COLLIER COUNTY - BOARD OF COUNTY COMMISSIONERS Item Number 16E2 Item Summary Recommendation to approve Amendment No.4. Phase 3 of RFP # 003173 for Spill is Candela DMJM to provide construction administration services for the Courthouse Annex in the amount of $179,690.00. Meeting Date 5/25/2004 9:00:00 AM Prepared By Jack Crognale Principal Project Manager Administrative Services Facilities Management Approved By Skip Camp, C,F.M. Facilities Management Director Date Administrative Services Facilities Management 5/12/200412:53 PM Approved By Linda Jackson Contracts Agent Date Administrative Services Purchasing 5/12/20041:18 PM Approved By Steve Carnell Purchasing/General Svcs Director Date - Administrative Services Purchasing 5/13/20049:21 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 5/14/20042:20 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5/17/20048:17 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5/17/20048:58 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/17/200410:43 AM Approved By James V, Mudd County Manager Date Board of County County Manager's Office Commissioners 5/18/2004 5:07 PM - Agenda Item No. 16E2 May 25,2004 3 of 8 "---- ~-- ~ ----,,- --- ,--- EXlllBIT A-l Contract Amendment # 4 Construction Adminisrration Services for Courthouse Annex This amendment, dated , 2004 to the refercnced agreement shall be by and between thc parties to the original Agreement, Spillis Candela DMJM (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Conrract # 00-3173, Design of the Courthouse Annex and Parking Garage. In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Conrract as per the Supplemental Authorization Exhibit "Amendment # 4 Additions to the Scope of Work" attached to this Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through June 4, 2004. The Conrractor agrees that this amends the original Contract and that the Contractor agrees to complete said services in the amount of One hundred and seventy-nine thousand six hundred and ninety dollars ($179,690,00) as per Exhibit" Amendment # 4, "Estimate of Construction Administrative Fees". All other tenns and conditions of the agreement shall remain in force, IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set thcir hands and scals on the date(s) indicated below, CONSULTANT ATTEST: Soillis Candela DMJM Corporate Secretary /Witness Name of Finn By: By: Dated: Title: Dated: CORPORATE SEAL ATTEST: OWNER: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: Donna Fiala, Chaimlan Approved as to fonn and Legal sufficiency: Assistant County Attorney Agenda Item No. 16E2 May 25, 2004 4 of 8 ,- AMENDMENT # 4 Contract # 00-3173 Schedule A Scope April 22, 2004 Mr. Jack Crognale Construction Manager Department of Facilities Management Collier County Government General Services Building 3301 Tamiami Trail East Naples, FL 34113 Re: Construction Administration Service for Courthouse Annex - Dear Jack: Please issue an amendment to our AlE contract for the Construction Administration phase of the Courthouse Annex project. To date, only the design phases (up to 75%) have been authorized by the County. These phase 3 services are as follows: Construction Administration fees for floors 1 - 3 (finished space) $ 162,690.00 Construction Administration fees for floor 4 (shelled) Included in Amendment #3 Expenses for Construction Administration fees for item 1 above $ 17.000.00 Total for Phase 3 services: $ 179,690.00 I have enclosed page 39 (revised) of the contract to reflect the Phase 3 services. Please call if you have any questions. Sincerely, Donald J. Dwore, F AIA Principal cc: D. Klem S. Berler - R.Macia Agenda Item No. 16E2 May 25. 2004 5 of 8 ~..- AMENDMENT # 4 Contract # 00-3173 Schedule B Basis of Compensation 2,1,2. A lump sum fee of: Already under contract. For the Schematic Design Phase of the Project. 2.1.3, A lump sum fee of: Already under contract. For the Design Development Phase of the Project. 2.1.4. A lump sum fee of: Already under contract. For the Construction Documents Phase of the Project. Phase 3 2.1.5. A lump sum fee of: One Hundred Sixty Two Thousand Six Hundred Ninety Dollars ($162,690.00). For the Construction Administration Phase of the Project. 2.1.6 A lump sum fee of: Seventeen Thousand Dollars ($17,000.00). For the Construction Phase services of the Project. This amount does not include fees for the 3 month, 6 month and 1 year warranty inspections. A lump sum fee TBD shall be due for the 3-month warranty inspection And TBD for the I-year warranty inspection, 2.1.7. The fees noted in paragraph 2.1.5 through 2,1.6 shall constitute the total amount of One Hundred Seventy Nine Thousand Six Hundred Ninety Dollars ($179,690.00), to be paid to the Design Professional for the perfonnance of the Construction Administration Services -Phase 3. If Contingency Services, as provided for under Section 2.1 of the Agreement are provided, the Owner agrees to pay the Design Professional a negotiated fee based on the work to be perfonned. None of these services are anticipated at this time. AMENDMENT # 4 Agenda Item No. 16E2 May 25, 2004 6 of 8 - Contract # 00-3173 Schedule C SCHEDULE 1. The Phase 2 Construction Documents Phase submittals for the four (4) story Annex with the fourth floor as shell space shall be submitted to the owner by June 4th, 2004. 2. The Owner is to review the documents and the Design Professional shall revise the Construction Documents as required by the Owner in order to obtain the Owner's written authorization to proceed to the Bidding I Construction Administration Phase. This review period is from June 7th through June 11, 2004. 3. The Bidding I Construction Administration Phase for the four (4) story Annex .'~-"'" with the fourth floor as shell space is estimated as a 14 to 16 month period. ..,,-.. Agenda Item No. 16E2 May 25,2004 7 of 8 CONfRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Courthouse Annex & Parkina Garaae PROJECT #: 52533 BID/RFP #: 00-3173 Amendment #: .!-AMOUNT OF THIS CHANGE $179,690.00 PO #: 4500002601 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 435,354.00 CURRENT $1,571,388,00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $1,391,698.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of last BCC ApprovaI9/23/03 Agenda Item # 16 E 8 Percentage ofthe change over/under current contract amount= 12.91 % Formula: (Current Amount I last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: CURRENT: SUMMARY OF PROPOSED CHANGE (S): Construction Administration Services for floors 1-3 of the Courthouse Annex JUSTIFICATION FOR CHANGE (S): So Spillis Candela can provide this service. PARTIES CONTACTED REGARDING THE CHANGE: Skio Camo. Jack Croanale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) - Y- Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y . The appropriate parties have been consulted regarding the change _ Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: DISAPPROVE: Date: Date: COMMENTS: Agenda Item No. 16E2 May 25, 2004 8ot8 - EXECUTIVE SU~ARY 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 May 14,2004. 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 May 14,2004. 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 IMP ACT: The results of these actions will have a fiscal impact to the County for minimal salary adjustments which are absorbed by individual departments. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated - with this Executive Summary. RECO~ENDATION: 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. 16E3 1 May 25, 2004 1 of 4 ....".",.,.,.-...,--.-.-- ~..,. ",',....'.,.,,",..,..'"',"_.JH,~.""'1(l...'".H..."'." '.-, .,."-"...,.,,.,.,.'.~ .,-.-.~...,,,';_.~,,--,...'..........._-- COLLIER COUNTY "- BOARD OF COUNTY COMMISSIONERS Item Number 16E3 Item 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 May 14. 2004, Meeting Date 5/25/2004 9:00:00 AM Prepared By Donald Albonesi Compensation Manager Administrative Services Human Resources Approved By Donald Albonesi Compensation Manager Date Administrative Services Human Resources 5/13/20048:25 AM Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resources 5/13/2004 8:38 AM Approved By Mary Beck Executive Secretary Date Administrative Services Administrative Services Admin. 5/13/20043:21 PM - Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin, 5/14/20042:28 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5/17/20049:19 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5117/20049:19 AM Approved By Michael Smykowski Management & Budget Director Date County Manager"s Office Office of Management & Budget 5/17/200410:15 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/18120045:10 PM ,- Agenda Item No. 16E3 May 25, 2004 20f4 ,. -~ ..- Pro Dosed Additions to. Deletions from and Modifications of Certain Classifications in the 2004 Fiscal Year Pay and Classification Plan Februarv 1 throuah Mav 14. 2004 Classification fix Pay Ranae Comments Grade Minimum Maximum Resubmittals from the ADril 27. 2004 BCC Meetina to include Pay Grade and Pay Ranae Director - Building Review and 31 $68,860 $105,865 Modify classification - increase in pay grade. Permitting Upgrade of requirements, Instrumentation/Electrical Technician. 18 $36.118 $55,527 Add classification - addition of supervisory Senior responsibilities Interdepartmental Supervisor - Immokalee 21 $42.231 $64.925 Delete classification - position eliminated Manager - Shelter Operations 22 $44,342 $68,172 Add classification - increase management depth in DAS Plant Manager 25 $51,384 $78,998 Add classification Resubmittals from the May 11. 2004 Bee Meetina to include Pay Grade and Pay Ranae Director - Emergency Medical Services 31 $68,860 $105,865 Reinstate classification to the Pay Plan in order to classify incumbent into this title. Sr. Management and Operations Consultant 25 $51,384 $78,998 New classification as requested by the Productivity Committee. Will report to Director - OMB Agenda Item No. 16E3 job evaluations radA4DC3.tmp May 25, 2004 3 of 4 - Classification frl Pay Rance Comments ~ Minimum Maximum New FIrst Time Submittals Director - Real Property Management 29 $62,396 $95,926 Delete classification - obsolete - result of recent audit of classifications Facilities Plant Operator 17 $34,397 $52,882 Delete classification - position eliminated - result of recent audit of classifications ,-- Agenda Item No. 16E3 jOb evaluations radMDC3.tmp May 25, 2004 4 of 4 ..- ~---~,,-~ ,~~. ._"~-,, "--_.-~- ,- Executive Summary Recommendation to authorize staff to utilize the Western States Contracting Alliance (WSCA) for acquisition of information technology hardware and software. OBJECTIVE: To obtain Board authorization for staff to utilize Western State Contracting Alliance (WSCA) contracts for the acquisition of information technology related hardware and software exceeding twenty five thousand dollars ($25,000.00). CONSIDERATIONS: Departments regularly purchase computer, network and telecommunications related hardware and software to extend or augment existing infrastructure. Staff has reviewed the savings available through WSCA, and has found the savings to be 2.5% per transaction on average beyond State of Florida contract pricing. Staff is requesting board approval to utilize WSCA contracts for the acquisition of computer, network and telecommunications related hardware and software in excess of twenty five thousand dollars ($25,000.00) for a period of three (3) years. WSCA contracts represent negotiated prices and meet the competitive bid criteria of the County. WSCA contracts are utilized by jurisdictions nationwide including many Florida jurisdictions. It is staff s intent to standardize as much of our technology infrastructure as possible and to utilize pricing schedules already negotiated by this alliance of other governmental agencies. This option will be used on an as-needed basis when beneficial to do so. -- FISCAL IMPACT: Funds are budgeted in the operating department's cost centers. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECO~ENDA TION: That the Board of County Commissioners authorizes staff to utilize Western States Contracting Alliance (WSCA) contracts for the acquisition of information technology related hardware and software exceeding twenty five thousand dollars ($25,000.00). - -- Agenda Item No. 16E4 - 1 - May 25, 2004 ~- Page 1 of 2 ~-"'.--~"- ,...."""-"'_.,',.,,",--~._-- ~ ,,--._",~.._.._,...,-'" -.-,._,"'""".,"'----- - .~.".__,._ ,rl.,~~~"..___~.__ "'~^'-' "_.__ ,- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16E4 Item Summary Recommendation to authorize staff to utilize the Western States Contracting Alliance (WSCA) for acquisition of information technology hardware and software. Meeting Date 5/25/2004 9:00:00 AM Prepared By Barry Axelrod Information Technology Director Administrative Services Information Technology Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 5/14/20047:34 AM Approved By - Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 5/14/20042:29 PM Approved By Robin Johnson ManagemenUBudget Analyst Date County Manager's Office Office of Management & Budget 5/17/20049:22 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/17/200410:13 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/17/2004 7:32 PM -- Agenda Item No. 16E4 May 25, 2004 Page 2 of 2 -- ,- EXECUTIVE SU~ARY Recommendation to approve a First Amendment to License Agreement with American Tower, L.P. in order to install additional equipment on a communications tower for an additional annual rental fee of $3,600. OBJECTIVE: To secure Board of County Commissioners' (Board) approval and execution of a First Amendment to License Agreement with American Tower, L.P. (American Tower) to include additional equipment upon their communications tower located at 13240 Immokalee Road. CONSIDERATIONS: On April 8, 2003, the Board of County Commissioners approved a License Agreement with American Tower, as Lessor, for the County to install antennas and related equipment on a communications tower at Immokalee Road and Randall Boulevard, servicing the Corkscrew area, for operations of the County's 800 MHz system. The annual rental amount for the existing equipment at that site is $24,768. More recently, Collier County requested that American Tower amend its current lease in order to include an additional microwave antenna on the tower to service the 800 MHz radio system. The additional antenna serves to improve the reliability of the microwave link. ,- The attached Amendment includes a provision for the additional antenna, related equipment and the annual increase in rent for same in the amount of $3,600. The First Amendment to Lease Agreement has been reviewed by the County Attorney's Office. FISCAL IMPACT: The $3,600 annual increase, which is to be in equal monthly installments of $300, shall be withdrawn from the 800 MHz IRCP Fund (188). GROWTH MANAGEMENT IMPACT: Therc is no impact to thc Growth Managcment Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached First Amendment to License Agreement, authorize Chairman Fiala to execute same, and approve necessary budget amendments. ,- Agenda Item No. 16E5 May 25, 2004 Page 1 of 6 ",,--- . -.-"'""'..-..- ""--____,;,"""'"".."'..''__._H',,'.''",,;,.,..",_....O"''"4'_. w._.." ,- .";"...._,,~.~~.,;,,,....,,-... ---.-"'- COLLIER COUNTY ...~ BOARD OF COUNTY COMMISSIONERS Item Number 16E5 Item Summary Recommendation to approve a First Amendment to License Agreement with American Tower, L.P. in order to install additional equipment on a communications tower for an additional annual rental fee of $3,600. Meeting Date 5/25/2004 9:00:00 AM Approyed By John J. Daly Telecommunications Manager Date Administrative Services Information Technology 4130/2004 11 :34 AM Approyed By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 5/17/20045:19 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 5/18/2004 1 :46 PM Approved By Robin Johnson ManagementfBudget Analyst Date County Manager's Office Office of Management & Budget 5/18/20044:35 PM ,- Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5/18/20044:35 PM Approyed By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/18/20046:54 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/19/20049:35 AM Approwd By Barry Axelrod Information Technology Director Date Administrative Services Information Technology 5/3120043:47 PM - Agenda Item No. 16E5 May 25,2004 Page 2 of 6 -~'-, -,,-- ---" .---- .~--- Licensor Site NamelNumber: Corkscrew, FL /22910 Licensor Contract Number: 52602 Licensee Site Na.meINumber: Big Corkscrew Fire / N/A FIRST AMENDMENT TO LICENSE AGREEMENT This First Amendment ("First Amendment'") to that certain License Agreement dated March 27, 2003 by and between American Tower, L.P. and Collier County, Horida ("Agreement") is made and entered into this day of , 2~bY and between American Tower, L.P., a Delaware limited partnership ("Licensor'") and oilier County, Horida ("Licensee'"). RECITALS WHEREAS, Ucensor owns a certain communications tower and leases a certain parcel of land located at 12340 Immokalee Road, Naples, FL 34120 more commonly known to Ucensor as the Corkscrew, FL tower site (the "Tower Facility'"); and WHEREAS, Ucensor and Licensee entered into a certain Ucense Agreement dated March 27, 2003 for the use of a certain portion of the Tower Facility; and WHEREAS, Licensee desires to modify its equipment installed at the Tower Facility; and WHEREAS, the parties agree that as consideration for Licensee's Additional Equipment, the current License Fee payable under the Agreement shall be increased as set forth herein. NOW THEREFORE, in consideration of the foregoing promises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1) Ucensor and Ucensee agree and acknowledge that Ucensee installed one (1) Decibel omni antenna (model #DBSlOK-XT) and one (1) 7/S'" transmission line at the mount height of One Hundred Seventy Five feet (175'), two (2) Decibel omni antennas (model #DB564K) and two (2) 1 5/S'" diameter transmission'lines at the mount height of One Hundred Ninety Five feet (195'), one (1) Andrew microwave dish with radome (model #P6-65 D) and one (1) I'" elliptical diameter (model #EW 63) transmission line at the mount height of One Hundred Sixty Seven feet (167') centerline AGL, and one (1) Andrew microwave dish with radome (model #PLA-65) and one (1) I'" elliptical diameter (model #EW 63) transmission line at the mount height of One Hundred Thirty Seven feet (137') centerline AGL. 2) Licensor and Licensee agree and acknowledge that Exhibit A to the Agreement is hereby deleted in its entirety as of the date this First Amendment is fully executed and shall be replaced with Exhibit A Revised attached hereto and incorporated by this reference. In the event of inconsistency or discrepancy between the Exhibit A Revised and Licensee's equipment information set forth in the Agreement, the A -- - Licensor Site NameJNumbc;r: Corkscrew, FL /22910 Licensor Contract Numbc;r: 52602 Licensee Site NameINumbc;r: Big Corksc:rew Fire I N/A ,'_. Exhibit A Revised shall control. 3) Effective on September 18,2003 ("Commencement Date"), the License Fee shall be increased by THREE THOUSAND SIX HUNDRED and No/loo DOll.ARS ($3,600.00) per year, payable in equal monthly installments of THREE HUNDRED and No/loo DOU..ARS ($300.00) ("Increased Fee"). The Increased Fee for any fractional month at the beginning or end the period shall be appropriately prorated. 4) Capitalized tenns contained herein. unless otherwise defined, are intended to have the same meaning and effect as that set forth in the Agreement. i 5) All other tenns and provisions of the Agreement remain in full force and effect. [SIGNATURES APPEAR ON THE NEXT PAGE] [REMAINDER OF PAGE LEFf BLANK INTENTIONAll.. Y] - A -- - "---- _. EXECUTIVESU~ARY Recommendation to approve a City of Naples Airport Authority Lease Agreement North Quadrant for the Sheriff's Office Special Operations Facility site at a first year annual rent of $19,477.23. OBJECTIVE: Obtain Board of County Commissioners' (Board) approval and execution of a City of Naples Airport Authority Leasehold Agreement (Lease) for vacant land at Naples Airport for construction of a facility for the Sheriff's Office Special Operations Division. CONSIDERATION: During the FY 03/04 budget cycle, the Board approved funding for the construction of a new Sheriffs Office Special Operations Facility (Facility) to house the Sheriffs Marine, Agriculture, K-9, Safety and Traffic Enforcement, and Aviation Bureaus. A suitable site has been located in the north quadrant of the Airport as shown on the attached sketch. The site contains 3.726 acres and can be leased at the 50% government discounted rate of twelve cents (l2~) per square foot. This translates to $19,477.23 annually and $1,623.10 when paid in monthly installments. The rental rate will increase annually by an equation amount similar to the Consumer Price Index. The County is responsible for all costs associated with the Facility's design, permitting, site .-.. development, construction, and modification. The cost of utilities and the site's on-going maintenance are also the sole responsibility of the County. All improvements made by the County and existing at the end of the Lease become the property of the Airport Authority. The Lease term is thirty years. At the end of the Lease, the County will have the right of fIrst refusal to lease the site and County made improvements from the Authority at the then current rate the Authority charges for comparable property. The Lease also contains a reservation giving the Authority, should it require the property for its purposes to implement any phase of an existing or future Master Plan, the right to terminate the Lease by providing the County with at least two (2) years written notice. Provided there is a suitable alternative location on the Authority's property, the Authority will, at its expense, construct a comparable facility on its property and relocate the Sheriff s operations to the new facility. If a suitable location is not available, the Authority will then pay the County an amount equal to the actual construction costs of the permanent improvements times the number of months remaining on the then current Lease. Construction of the Facility must commence within one year of the date of1he Lease. Facilities Management has selected an architect and is expecting to begin construction within the next six (6) months. .-... Agenda Item No. 16E6 May 25, 2004 Page 1 of 31 "',"',...." ~ .-..----..- -. EXECUTIVE SUMMARY City of Naples Airport Authority Lease Agreement Special Operations Facility Page 2 The attached City of Naples Airport Authority Leasehold Agreement is similar in format and content to like Leases the County presently has with the Airport Authority. The Agreement has been reviewed and approved by the Sheriffs Office and for content and legal sufficiency by the Office of the County Attorney. FISCAL IMPACT: The annual rent of $19,477.23, to be paid in equal monthly installments of $1,623.10. shall be withdrawn from the General Fund Account (001). GROWTH MANAGEMENT: There is no impact on the County's long-range planning effort. RECOMMENDATION: That the Board of County Commissioners approve and authorize Chairman Fiala to execute the attached City of Naples Airport Authority Leasehold Agreement on behalf of the Board. -, Agenda Item No. 16E6 May 25, 2004 Page 2 of 31 ".-- .- .- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16E6 Item Summary Recommendation to approve a City of Naples Airport Authority Lease Agreement North Quadrant for the Sheriffs Office Special Operations Facility site at a first year annual rent of $19,477.23. Meeting Date 5/25/2004 9:00:00 AM Approved By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 5/13/20045:11 PM Approved By Jack Crognale Principal Project Manager Date Administrative Services Facilities Management 5/13/2004 4:04 PM Approved By Charles E. Carrington, Jr., SRI Real Estate Services Manager Date WA Administrative Services Facilities Management 5/13/20045:22 PM Approved By Skip Camp, C.F,M. Facilities Management Director Date ,~,"._~ Administrative Services Facilities Management 5/14/20041:14 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 5/18f20041:55 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5/18/20044:16 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5/18/2004 4:26 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 5/18/20046:52 PM Approved By James V, Mudd County Manager Date Board of County County Manager's Office Commissioners 5/19f2004 9:43 AM - Agenda Item No. 16E6 May 25, 2004 Page 3 of 31 .._,., - CITY OF NAPLES AIRPORT AUTHORITY LEASE AGREEMENT NORTH OUADRANT COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (COLLIER COUNTY SHERIFF'S OFFICE) I. USE OF LEASED PREMISES 2, LEASE TERM 3. RATES, FEES AND CHARGES 4. OPERATIONS S, FLAMMABLE MATERIALS AND FIREARMS - 6, SERVICE, UTILITIES, TAXES 7. CONDITION OF LEASED PREMISES 8. ALTERATIONS, ADDITIONS AND IMPROVEMENTS 9. REPAIR AND MAINTENANCE OF LEASED PREMISES 10. RULES AND REGULATIONS ] \. SIGNS 12. ASSIGNMENT AND SUBSEQUENT LEASEHOLD IMPROVEMENT 13. DISCHARGE OF LIENS 14. INDEMNIFICATION IS. INSURANCE REQUIREMENTS 16. ACCESS TO LEASED PREMISES 17. SURRENDER-DAMAGES 18. DEFAULT-TERMINATION ,"-" , n071.~ <412312004 1 -- . -.-. -""- --, ,--- - ------ ---~ 19. DESTRUCTION OF LEASED PREMISES 20. AIRPORT DEVELOPMENT 2 \. A TIORNEY FEES 22. PRIVATE MAINTENANCE AND SERVICE 23. AUTHORIZATION 24. FLIGHT OPERA TlONS 25. AIRCRAFT HAZARDS 26. AIRPORT OPERA TlONS 27. OBSTRUCTIONS 28. CONDEMNATION 29. GOVERNING LAW 30. BINDING EFFECT 31, REMEDIES CUMULA TlVE-NO WAIVER 32. NOTICE TO PARTIES 33, ENTIRE AGREEMENT 34, DOMINANT AGREEMENTS 35. RADON DISCLOSURE 36, HEADINGS EXHIBIT "A": LEGAL DESCRIPTION MAIN PARCEL EXHIBIT "8": LEGAL DESCRIPTION REALIGNMENT PATRIOT WAY EXHIBIT "C": SKETCH OF "A" AND "8" 177071.5 412312ll~ 2 ~-- . ,'..... - ~ CITY OF NAPLES AIRPORT AUTHORITY LEASE AGREEMENT NORTH QUADRANT COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (COLLIER COUNTY SHERIFF'S OFFICE) THlS LEASE AGREEMENT (the "Lease"), made as of the ...ll!.. day of JUNE, 2004, by and between the CITY OF NAPLES AIRPORT AUTHORITY, a political subdivision of the State of Florida (the" Authority"), as Landlord and COLLIER COUNTY, a political subdivision of the State of Florida, as Lessee, (the "Tenant"): .- WITNESSETH THAT, for and in consideration of the covenants herein contained, Authority does hereby lease to Tenant those certain "Leased Premises" within the Naples Municipal Airport, City of Naples, Collier County, Florida, as more particularly described on Exhibit "A" and as illustrated on the sketch attached hereto as Exhibit "C." 1. USE OF LEASED PREMISES A. Tenant agrees that the Leased Premises shall be used only for: the construction, operation and maintenance of an aircraft hangar and Sheriff's Office Special Operations Facility, in accordance with plans to be provided by Tenant to the Authority; however, such uses must be consistent with the tenns and conditions of this Lease. Subject to the Rules and Regulations of the Authority, Tenant is pennitted non-exclusive use of all runways, taxiways, taxi lanes, roads, rights-of-way and driveways to and from the leased premises. No other use or occupancy is authorized. B. It is specifically understood and agreed that nothing herein contained shall be construed as granting or authorizing the granting of any exclusive right to Tenant within the meaning of Section 308 of the Federal Aviation Act. Further, nothing in this paragraph shall be construed to allow Tenant to ,_. conduct: (I) any aeronautical activities other than those described above; or (2) any activities that violate tnD7t.s 4/2312(11)4 3 -- -.---" _.,,_~"'_._,"_w _. ~ ..:' -.' - ,-- - or depart from the provisions and intent of the Authority's Rules and Regulations (See Paragraph 10 herein). C. Tenant further agrees that it will not use, nor permit the Leased Premises to be used, for any unlawful purpose, or for any purpose that would unreasonably cause an increase in the rate of insurance on the Leased Premises, nor for any purpose which would disturb other lessees or tenants of the Naples Municipal Airport. D. Tenant may construct, install, erect and maintain buildings or other permanent improvements on the Leased Premises, but only in accordance with plans and specifications which have first been approved in writing by the Authority at locations approved by the Authority, and in acc;ordance with rules and regulations of the Federal Aviation Administration, the City of Naples Airport Authority, the City of Naples Comprehensive Development Code Requirements, and other governmental agencies having jurisdiction over the Leased Premises. 2. LEASE TERM A. The Leased Premises are leased to Tenant for a term of thirty (30) years, which shall commence upon execution on the date first above written and shall continue uninterrupted for thirty (30) years thereafter, unless said term shall be sooner terminated as hereinafter provided. The Tenant shall promptly proceed with the construction of the contemplated improvements. The deadline date for commencing construction of improvements for this Lease will be twelve (12) months after the date that the Authority executes this Lease, If Tenant fails to comply with this obligation, the Lease shall terminate, and the Authority shall retain all funds paid to it by Tenant as liquidated damages. Prior to commencing construction, the Tenant shall: (I) deliver to the Authority, all drawings, plans and specifications for construction of the improvements contemplated to be constructed at Tenant's cost for the Leased Premises. Within fifteen (15) days of receipt of the drawings, plans, and specifications, the Authority may either 177011.5041231200< 4 -- - -~~_._- _. notify the Tenant of its approval of said plans, or the Authority may reject proposed plans and specifications with suggested revisions, and it shall be the Tenant's responsibility to prepare revised plans and specifications, consistent with the Authority's recommendation. Tenant will have the option to accept the revisions and resubmit revised plans to the Authority incorporating the Authority's revisions, within thirty (30) days of Tenant's receipt of the Authority's suggested revisions, or the Tenant may elect to cancel this Lease. In the event that revised plans are resubmitted to the Authority, and the Authority rejects the revised plans, Tenant will have the same options as stated above. Tenant will also obtain all appropriate plan approvals and permits from the City of Naples If the Tenant is unable to obtain the required plan approvals and permits "'..- from the City of Naples, the Tenant forfeits any down payments or lease payments already made or accrued unless the Tenant was acting in good faith and failed to obtain the required plan approval for reasons beyond its control. Time is of the essence regarding all matters described herein. (2) After final plan approval by the City of Naples and the Authority, the Tenant will actively and continuously prosecute the construction of the improvements contemplated by this Lease. At the end of the thirty year term the Tenant shall have a right of first refusal to lease the Leased Premises from the Authority at the then existing rates, terms and conditions as the Authority shall offer other Tenants for the usage of similar facilities, but in no event, shall be for a lesser rent than that paid by Tenant at the expiration of the initial 30-year term. This right of first refusal may not be assigned by Tenant unless (I) the written consent in advance of the Authority is obtained, and (2) the assignment is made in conjunction with an authorized assignment of this Lease made pursuant to the provisions of Paragraph I 2(A) below. B. The Authority reserves the right to cancel and terminate all or portions of this Lease, upon giving Tenant not less than six (6) months written notice, in the event such cancellation is deemed necessary by Authority to implement any phase of any existing or future Master Plan adopted by I , , ,- 177071.50112312004 5 -- ,..,-~,._-- "--- ._"'~ ---- ._-, " Authority, provided, however, Authority agrees that beforc any such canccllation it may makc available and offer to Tenant, for the balance of the Lease tenn remaining, upon thc same tenns and conditions as set forth in this Lease, premises including structures and improvements, equal to or greater in size than the area of the Leased Premises so tenninated, After the Authority gives Tcnant notice of its intent to relocate Tenant pursuant to this provision, Authority shall elcct one of the following two options. (I) In the event that Authority elects to relocate pursuant to this provision, the actual out-of- pocket costs of moving Tenant's equipment and other property to the new location shall be borne by Authority. If the replacement premises are not equal to or greater in size and quality than the Leased Premises herein, no rights that Tenant has or may have to claim or rccover compensation or damagcs from the Authority as a result of Tenant's relocation to the replacement premises for the then remaining tenn of this Lease, are impaired or waived by this provision, and any such rights survive the execution of this Lease. The existence of this non-waiver does not imply that i Tenant is entitled to present claims or recover compensation from the Authority, except for actual out-of-pocket moving expenses, (2) In the alternative, thc Authority will have the option to tenninatc this Lcase, in which case, as its exclusive rcmedy, and in lieu of any other claims for costs, expenses and damages of any kind related to the proposed relocation and Authority's election to tenninate, the Tenant shall receive a payment from the Authority, equal to a figurc calculated as follows: The amount paid by the Tenant for the actual construction costs of thc pennanent improvements, constructed on the Leased Premises, shall be multiplied by a fraction, thc numerator of which will be the number of months then rcmaining on thc tcnn of this Lease, not including any cxtcnsion or renewal thereof, and the denominator of which will bc threc hundred sixty (360) months, the rcsulting figurc is the amount that thc Authority will pay to Tenant. (Example, assuming S330,Ooo construction cost and 10 years left on the lease upon tennination: S330,000 x 120/360 = SIIO,OOO,OO). Tenant hereby waivcs and releases any and all claims for costs, expenscs and damages against the Authority, cxcept for this payment. 177071,5 412312004 6 -, ,--- , C. Upon expiration of the tenn of Lease herein provided, Tenant hereby waives any demand for possession of the Leased Premises and any strUcture or improvement then situated thereon and agrees to vacate the Leased Premises in a timely manner. Time is of the essence of this provision, \ 3. RATES. FEES AND CHARGE..s. , A. The current published lease rate for the Leased Premises is twenty-four cents ($0.24) per square foot per annum, Fifty percent (50%) of the current published rental lease rate shall be provided by Tenant to the Authority in the fonn of police protection, supervision and service; and emergency services furnished from time to time on an as needed basis as detennined by the Authority. Tenant and Authority - acknowledge and agree that the Tenant shall provide these valuable police and emergency services to the Authority by placing and maintaining within the Naples Municipal Airport the Collier County Sheriff's Office special Operations Facility and staffing it with trained officers of the Collier County Sheriff's Office. The equipment and personnel donated and maintained on the Leased Premises is an integral part of the consideration to be paid by Tenant under this Lease. S, The actual rate to be paid by Tenant for the Leased Premises is twelve cents ($0,12) per square foot ($0.12) per annum. Tenant hereby covenants and agrees to pay for the LeasedPremises. as shown and described on Exhibits "A" and "B", the rate of twelve ($0.12) cents per sqUllI'l: foot per annum, for a parcel ofland of 162,310.25 square feet, Exhibit" A" and Exhibit "B," The lease payment is to be made in equal monthly installments of ONE THOUSAND FOUR HUNDRED EIGHTY-EIGHT AND 761100 DOLLARS ($1,488.76) for parcel "A" and ONE HUNDRED TIllRTY-FOUR AND 34/100 DOLLARS ($134.34) for parcel "B," plus applicable sales taX, all due in advance on the first day of every calendar month during the tenn hereof. C. In the event Tenant fails to deliver to the Authority the rentals, fees or services as required to be paid under the provisions of this Lease so that they are n:ceived by the Authority by the 10th of the -, 177071,54/231200.4 7 .--"- _._._~. ""U_.._ -_.~-~ ' - -- ----- '~ calendar month, the Authority reserves the right to commence any and all legal proceedings, including default proceedings or eviction proceedings, in accordance with the laws of the State of Florida. D. Tenant shall pay Authority interest on all amounts due the Authority under this Lease, at the rate of 18.0% APR or at the highest rate of interest permitted by law in the State of Florida, whichever is greater, provided however that this provision shall not be construed to create an obligation for Tenant to pay a usurious rate of interest to Authority under any circumstances. E. The inclusion of an obligation for Tenant to pay the Authority late charges and interest shall not preclude the Authority from terminating this Lease Agreement for Tenant's non-payment of rent, amounts due for fees, taxes, expenses or charges, or from enforcing any other provisions contained herein. F. The annual rental referred to above for the term of this Lease shall be in no event less than the base rental, payable as said above, The parties, however, agree that such rental rates may be unilaterally increased by the Authority on a fiscal year basis effective October I of each lease year, in accordance with the Authority's rate adjustment program. This adjustment program is currently based upon changes in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index (puniuant to the Index for U.S. City Average for Urban Consumers). It is expressly understood that any rent adjustment shall not exceed the increase in the Consumer Price Index in that fiscal year. 4. OPERATIONS A. In the use of the Leased Premises pUniuant to this Lease, Tenant shall conduct its operations in an military and proper manner so as not to interfere with the rights and privileges of other users of the Airport and shall be responsible for the conduct, demeanor and appearance of its deputies, employees and invitees and of those doing business with it. Upon receipt of complaints about the conduct of its business, Tenant agrees to cooperate immediately to address such complaints and correct any improper conduct. 177011,5412312004 a .,.-, . .... -- -~' - B. The responsibility for setting brakes, placing chocks, or otherwise securing any aircraft is solely that of the Tenant. Authority is under no obligation to move Tenant's aircraft into or out of the Leased Premises, If, at Tenant's request, Authority does so move said aircraft, Tenant shall assume all risk of any and all damage or loss occasioned thereby. 5. FLAMMABLE MA TERlALS AND FIREARMS Flammable or explosive liquids or materials shall not be allowed, kept or used on the Leased Premises except that aircraft fuel may be stored within the integral fuel tanks installed in Tenant's aircraft or other transportation related equipment, in which event any such substances shall be delivered in amounts, and stored and used, as approved by Authority in accordance with the rules of the Florida - Inspection and Rating Bureau and all other applicable statutes, ordinances, rules and regulations in force and effect during the term of this Lease. Outside fuel storage and refueling will be allowed if Tenant holds a valid fuel permit issued by the Authority and complies with all applicable Rules and Regulations of the Authority. Plans for construction of any improvements shall require prior written approval of the Authority. Weapons, firearms, stunguns, incendiaries and ammunition shall only be allowed, kept or stored on the Leased Premises if stored, secured and maintained in accordance with current Collier County Sheriff's Policy, Any explosives or explosive material shall be stored and secured in accordance with the Bureau of Alcohol, Tobacco and Firearms' rules and regulations and all applicable provisions of the Code of Federal Regulations. The discharge, detonation or use of firearms or explosive materials on the Leased Premises, except in emergency situations, is strictly prohibited. Violation of this provision shall be cause for immediate termination of the Lease. - ,n071,504123/2004 9 I .~,-- ,.-,,'- . --'''~'-- _._-- - 6. SERVICE. UffiITIES. TAXES A. Tenant shall pay for all utilities and taxes, if any, with respect to the Leased Premises or the leasing thereof; including without limitation, all expenses for electric, water, sewer, special trash pick up, refuse removal, telephone and other utilities. Tenant shall have the right at its expense to access the water, stormwater management, electrical, and phone utility service facilities located adjacent to the Leased Premises at the commencement of the term of this Agreement. Should Tenant's operations require additional utility service facilities, Tenant shall, at its expense, extend such facilities to the Leased Premises and pay the cost for all labor and materials involved. Authority's obligation under this provision shall be limited to the utility facilities presently constructed as of the date of this Lease, and nothing herein shall obligate Authority to provide any utility to Tenant that is not presently available to Authority within the North Quadrant of the Naples Municipal Airport. B. Tenant agrees to pay the cost of all utility services used by or on its behalf. In the event Tenant fails to pay any utility bill when due, Authority may, at its option, pay the same and collect from Tenant the amounts so disbursed, plus interest at the rate of 1.5% per month or fraction thereof. If Tenant fails to pay Authority the cost of utility services plus interest within thirty (30) days of the payment hereunder by the Authority, Tenant's failure to pay Authority shall be a default under the Lease. Time is of the essence of this provision. C. If at any time during which this Lease Agreement is in effect, the Leased Premises, leasehold interest, or rental payments become subject to any federal, state or local property, sales, excise or other tax, Tenant agrees to assume the payment of such taxes and, if applicable, to include such payments with the rental payments required hereunder; provided, however, that Tenant shall in no circumstances be obligated to pay any taxes based on the net income of Authority. 177071.5 41231~ 10 - - . ---- 7. CONDITION OF LEASED PREMISES A. Tenant intends to improve Leased Premises and accepts the vacant land in its present "as is" condition and acknowledges that no representations as to the condition thereof have been made by Authority prior to or at the execution of this Lease. Tenant will be responsible for any damage to or contamination of the Leased Premises occurring during Lessee's tenancy whether or not due to the acts or omissions of Tenant, its employees, successors or assigns, in violation of any State, Federal, or local law or regulation or rule of the Authority, and will decontaminate the Leased Premises at its own expense if a violation of Federal, State or local law is charged. Tenant shall either decontaminate or provide to the Authority satisfactory evidence that said Leased Premises is not contaminated. B. Authority shall not be liable for any damages or loss suffered by Tenant, or for injuries to - persons or Leased Premises occasioned by (I) lapses in electrical service, (2) malfunctions, flooding, overflowing, or leaking of ground or rainwater, sewer, or from electric wires. C. Tenant shall have the right to conduct a Phase I Environmental Site Assessment and any additional environmental site assessments (Audits) at its expense. If the Authority or Tenant deems the Leased Premises in its present condition to be unacceptable for its intended use based upon the results of the Audits, either the Authority or Tenant may terminate this Lease, if (I) Tenant or Authority does so within forty-five 45 days of the execution date of this Lease and (2) if the Audit opines that hazardous substances are or may be present at the Leased Premises. Tenant shall recover deposits and previous lease payments made to the Authority under this Lease if the Audit opines that hazardous substances are or may be present at the Lease Premises. D. Notwithstanding the foregoing, Tenant, its deputies, employees, successors and assigns, will not be responsible for any damage to or contamination of the Leased Premises in the event such damage or contamination is due to or caused by the act of the Authority, or its employees, agents, successors or assigns. _. 177071.5 412312~ 11 ......OM ,- "- --~-- 8. AL TERA TIONS. ADDITIONS AND IMPROVEMENTS A. Tenant shall be required, and hereby agrees, to construct at Tenant's expense a taxi lane extending from the Leased Premises to existing Taxiway "BRAVO" prior to the completion of Tenant's aircraft hangar and Sheriff's Office Special Operations Facility. The construction shall conform to the minimum standards established by the Authority and applicable governmental rule, regulation or circular. Tenant shall be responsible for all repairs and maintenance, and upon failure to do so, may be charged by the Authority for such repairs and maintenance. The new taxi lane shall become the property of the Authority upon its substantial completion. B. Upon completion of the contemplated realignment of Patriot Way, Tenant agrees to lease the additional land between the Leased Premises and the south edge of realigned Patriot Way, at the then current rental rate (between the Tenant's existing northern boundary and the southern boundary of the realigned Patriot Way) hereinafter referred to as the "Revised Demised Premises", as more particularly described on Exhibit "B" and as illustrated on the sketch attached hereto as Exhibit "C." C. Tenant shall not make any alterations, additions or improvements, or engage in any construction on the Leased Premises, without the prior written consent of Authority. Tenant further agrees that any alterations, additions and improvements made to the Leased Premises during the term of hereof, will become the property of the Authority upon installation, shall not be removed, and shall remain on the Leased Premises upon the expiration of the term hereof. 9. REPAIR AND MAINTENANCE OF LEASED PREMISES A. Tenant shall keep and maintain the Leased Premises in good order and repair throughout the term of this Lease, and shall make all necessary repairs thereto, including, without limitation, all structural and non-structural repairs, including, without limitation, repairs to building interior, building exterior, paving, site improvements, fixtures, facilities and equipment, and further shall replace all broken glass with hurricane quality glass to then current building code. In the event Tenant fails to promptly 177071.5 4/2~ 12 "..- - ~--_.-------_. undertake and satisfy the obligations described required hereunder, Authority in addition to the other remedies provided herein, shall have the right to make such repairs, at Tenant's cost and expense and recover same from Tenant plus interest and administration fee. If Tenant fails to pay Authority for the cost of such repairs plus interest and fees, within thirty (30) days of the making of such repairs and demanding payment for same, Tenant's failure to pay Authority shall be a default under this Lease. Time is of the essence of this provision. B. Tenant shall keep the Leased Premises and improvements in a clean and healthful condition according to all applicable governmental statutes, rules, ordinances and regulations, the Authority's Rules and Regulations, and any direction of duly authorized public officers during the term of this Lease, all at - Tenant's cost and expense. Upon the termination of this Lease or any renewals thereof, in any way, Tenant shall vacate and return the Leased Premises to Authority peaceably, quietly and in good order and condition, ordinary wear and tear excepted, and will deliver the keys to the Leased Premises to Authority at its offices described herein. 10. RULES AND REGULATIONS A. Tenant hereby agrees to comply with Authority's Rules and Regulations for the Naples Municipal Airport (the "Rules and Regulations"), as amended or modified from time to time, on file in the office of the Executive Director of the Naples Municipal Airport. These Rules and Regulations are incorporated into this Lease and by reference made a part hereof. The Rules and Regulations may be amended at any time hereafter by Authority, including landing fees, rates or charges, as may from time to time be levied for Airport operations, privileges and or services provided at the Naples Municipal Airport in accordance with the City of Naples Airport Authority Act (Enabling Act), in its sole and exclusive discretion, or in accord with the directives of the Executive Director as he or she may be authorize. Subsequent to any such amendment, the Authority shall duly notify the Tenant. .- 177071.5 412312~ 13 _.~.". ,___e_'__."_ ".-- - B. Tenant hereby agrees to comply with Authority's Leasing Standards and Requirements for the Naples Municipal Airport ("Standards and Requirements"), also on file in the offices of the Executive Director of the Airport. These Standards and Requirements are incorporated into this Lease and are made a part hereof. The Standards and Requirements may be amended from time to time by Authority in its , : sole and exclusive discretion without Notice to Tenant. Tenant shall also comply with any and all applicable governmental statutes, rules, orders and regulations. II. SIGNS Tenant agrees that it will not allow any signs, cards or placards to be posted or placed on the Leased Premises except small signs identifying Tenant and appropriate directional signs necessary and appropriate for the use of the Leased Premises. All signs shall be approved by the Executive Director in advance, and shall in any event be in conformance with ordinances of the City of Naples, Florida, and shall not extend above or beyond the extension of the walls and ceilings of the leased premises. Upon expiration of this Lease, Tenant shall remove all signs at the direction of Authority. 12. ASSIGNMENT & SUBSEOUENT LEASEHOLD IMPROVEMENT A. This Lease may not be assigned by the Tenant. No portion of Leased Premises may be sublet by the Tenant. This Lease is personal to Tenant and to no other entity. B. Authority may assign, hypothecate, mortgage or pledge its interest in this Lease, and may employ outside management services concerning it. 13. DISCHARGE OF LIENS .. Tenant shall not cause or allow any construction, labor, mechanic's or materialman's lien to be filed against the Leased Premises, the Authority or the Authority's real or personal property. In the event of the filing of any lien, or any other charge whatsoever against the Leased Premises, the Authority or its 177071.5412312000C 14 -, . .." ..- - - property, Tenant shall immediately notify the Authority and take all necessary action to secure the release of the lien and shall provide, at Tenant's expense, all bonds, security or undertakings to accomplish the release of the lien. In the event Tenant fails to secure the release of any the lien, the Authority shall have the right, but not the duty or obligation, to take any action it deems appropriate to secure the release of any such lien including paying the underlying obligation to the lienor. Tenant agrees to indemnify and hold the Authority harmless from all liability, damages associated with this provision, expense and costs (including reasonable attorney's fees), which shall be added to the rent due hereunder from Tenant to Authority, which shall be paid by Tenant to the Authority upon demand. Time is of the essence concerning this provision. .- 14. INDEMNIFICATION Tenant hereby covenants and agrees, to the fullest extent permitted by law, to defend, indemnify, and hold the Authority and its Commissioners, officers, agents, and employees harmless from and against any and all loss, damage, actions, lawsuits, claims, cost and expense (including attorneys' fees and costs) which occurs in whole or in part as a result of any act or omission of the Tenant, including, but without limitation for, personal injury, death, property damage, penalties, fines, economic loss, consequential damages and the like, relating in any way to this Lease, or Tenant's occupancy or its use of the Leased Premises. Tenant agrees that Tenant's aircraft, mobile units, automobiles and all other personal property of Tenant or its deputies employees, servants, agents, guests or visitors shall be hang~d, stored, parked and used on the Leased Premises or otherwise on the Airport, all at Tenant's exclusive risk of any and all damage or loss. 15. INSURANCE REOUIREMENTS Tenant agrees to secure and maintain in force at its expense, police, fire, extended coverage and liability insurance coverage for the Leased Premises, its activities, use of the Leased Premises, for its .,- 117071.5 412312004 15 "~"- ,,-- M._____, --.,--...- --~,._~.-.. --"--<- ---~ operations at and use of the facility and any other part of the Airport, including its liability under the indemnities herein. All structures will be insured against loss by fire plus extended coverages, for a minimum of eighty percent (80%) of value, or for replacement cost. The liability insurance policy shall have coverage limitations providing no less than S 1,000,000.00 per person and $1,000,000.00 per incident and shall not be subject to cancellation or change except after fifteen (15) days prior written notice of such cancellation or change to the Authority. The Authority maintains the right to reject a proposed change, and in the event of cancellation, the Tenant is required to obtain satisfactory successor insurance without lapse. All such insurance policies shall name Authority as an additional insured. Tenant shall secure and deliver to Authority appropriate insurance certificates showing evidence of the coverage as required hereunder. Said insurance policy or policies providing such coverage, as well as the insurers providing same, shall be subject to the prior review and approval of Authority. The said insurance policies shall contain a clause or endorsement by which the insurance carrier(s) waives all rights of subrogation against Authority, except where the Authority or its Agents are guilty of a specific act of negligence. 16. ACCESS TO LEASED PREMISES Tenant agrees to allow Authority's Executive Director, or other duly authori:red representative or agents of Authority access at all reasonable times to the Leased Premises for the purpose of examining or inspecting same. 17. SURRENDER-DAMAGES Tenant, at the termination of this Lease by lapse of time, or otherwise, will yield up immediate possession of the Leased Premises to Authority. 17707l.S 412312~ 16 - ,...... . . -.. . ~ . -------- - 18. DEFAULT-TERMINATION A. The following shall constitute an event of default on the part of Ten ant: (1 ) Abandonment. Abandonment of the Leased Premises for a continuous period in excess of sixty (60) business days so long as Tenant continues to pay rent as required. Tenant waives any right to notice Tenant may have under the laws of the State of Florida; (2) Nonpavment. Failure to pay any installment of rent or amount or expense, by the date when payment is due; such failure having continued for thirty (30) business days after written notification of such failure; (3) Other Oblill.ations. Failure to perform any non-economic obligations, agreements or - covenant under this Lease, such failure having continued for sixty (60) business days after written notice of such failure or omission. Tenant shall have the right to extend this sixty (60) day period if, the failure or omission cannot be eliminated within the sixty (60) day period and if, in the judgment of the Authority, the Tenant actively and substantially commences to cure the failure or omission within the 60 day period and continues to diligently and without interruption, address the failure or omission with the intention of eliminating it. (4) Bankruptcv. The filing of any voluntary petition in bankruptcy by Tenant, or the filing of any involuntary petition by Tenant's creditors, which involuntary petition remains undischarged for a period of thirty (30) days, subject to the following: in the event that under applicable law the trustee in bankruptcy or Tenant has the right to affirm this Lease and continue to perform the obligations of Tenant hereunder, such trustee or Tenant shall, in such time period as may be permitted by the bankruptcy court having jurisdiction, cure all defaults of Tenant hereunder outstanding as of the date of the affirmance of this Lease and provide to Authority such adequate assurances as may be necessary to ensure Authority of the continued performance of Tenant's obligations under this Lease. Further, Authority shall receive a\1 the protections available to creditors under the United States Bankruptcy Code including, but I , not limited to, Section 365 thereof, as amended from time to time; - 17707\.5 ~2312~ 17 -,,-- ~...- 0....-'. ~---,---- .1.' . .- (5) Receivership. The appointment of a receiver to take possession of substantially all of the Tenant's assets or the Leased Premises, if such receivership remains undissolved for a period of one hundred eighty (180) business days after creation thereof; (6) Attachment. The attachment, execution or other judicial seizure of the Lease or all or a part of Tenant's assets located at the Leased Premises, if such attachment or other seizure remains undismissed or undischarged for a period of ten (10) business days after the levy thereof; (7) Insolvencv. The admission by Tenant in writing of its inability to pay its debts as they become due, the filing by Tenant of a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, the filing by Tenant of an answer admitting or failing timely to contest a material allegation of a petition filed against Tenant in any such proceeding or, if within thirty (30) days after the commencement of any proceeding against Tenant seeking any reorganization, or arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed. B. Remedies Upon Default. (I) Termination. If an event of default occurs, Authority shall have the right, with or without notice or demand, to immediately terminate this Lease, and recover possession of the Leased Premises or any part thereof and expel and remove therefrom Tenant and any other person occupying the same, by any lawful means, and again repossess and enjoy the Leased Premises without prejudice to any of the remedies that Authority may have under this Lease, or at law or equity by reason of Tenant's default or of such termination. (2) Continuation After Default. Even though Tenant has breached this Lease and/or abandoned the Leased Premises, at Authority's option, this Lease may continue in effect, and Authority may enforce all of its rights and remedies under this Lease, including (but without limitation) the right to recover Rent as it becomes due, and Authority, without terminating this Lease, may exercise all of the 177071.54/2312004 18 ,,-, -- - rights and remedies of a landlord under the laws of the State of Florida. Acts of maintenance, preservation or efforts to Lease the Leased Premises or the appointment of receiver upon application of Authority to protect Authority's interest under this Lease shall not constitute an election to terminate Tenant's right to possession. (3) Damalres Uoon Termination. Should Authority terminate Tenant's right to possession of the Leased Premises or to terminate this Lease, Authority shall have all the rights and remedies of a landlord, in addition to governmental police power, all as provided by the laws of the State of Florida. At its option, Authority may recover possession of the Leased Premises and rent it to another, pay its expenses, and apply whatever net rent revenue is derived from this effort in reduction of the - amounts due Authority from Tenant in rents. Such re-Ieasing activity will be at Authority's option and Authority has no duty to pursue this option, but if Authority does, such activity will not waive or release Tenant from its obligation to pay rent under this Lease. Upon termination of possession or this Lease, in addition to any other rights and remedies to which Authority may be entitled under applicable law, Authority shall be entitled to recover from Tenant: (i) the worth at the time of award of the unpaid rent and other amounts which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rent loss that the Tenant proves could have been reasonably avoided; and (iii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rent loss that the Tenant proves could be reasonably avoided The "worth at the time of award" of the amounts referred to in (i) and (ii) shall be computed with interest at the lesser of eighteen percent (18%) per annum or the maximum rate allowed by law. The "worth at the time of award" of the amount referred to in (Hi) shall be computed by reference to competent appraisal evidence of the formula prescribed by and using the lowest discount rate permitted under applicable law. - 177071.541231200. 19 -".--.---... --<-- ----~ . -.-. .- -,- - (4) Comoutation Of Rent For Purposes Of Default. For purposes of computing unpaid rent which would have accrued and become payable under this Lease, all unpaid rent shall be accelerated and shall immediately become due and payable. 19. DESTRUCTION OF LEASED PREMISES I I In the event that the Leased Premises or the improvements located thereon shall be destroyed in whole or in part by fire, or other casualty, then the following will apply. If the Leased Premises is partially destroyed and the damage does not exceed fifty percent (50%) of the value of the structure and improvements, the premises will be rebuilt utilizing insurance proceeds and the rent wiII abate during the period of reconstruction. If the damage exceeds fifty percent (50%), the Tenant will have the option to rebuild an equivalent structure using the insurance proceeds to pay for the reconstruction cost, or Tenant will have the option to terminate this Lease in which case Authority will retain the insurance proceeds as liquidated damages. 20. AIRPORT DEVELOPMENT Tenant agrees that Authority may develop or improve the landing and other areas of the Airport as it sees fit, regardless of the desires or view of the Tenant, and without interference or hindrance from Tenant. 21. ATTORNEY FEES Prevailing party shall recover the attorney's fees and costs incurred to enforce any provision of this Lease, including all costs of collection. Attorney's costs and expenses recoverable shall include all out of pocket expenses and shall not be limited by the Florida Statewide Uniform Guidelines for Taxation of Costs in Civil Actions. 17707' 5 412312004 20 ,"'-, - . -+-"-- 22. PRIVATE MAINTENANCE AND SERVICE It is specifically understood and agreed that nothing herein contained shaU be construed as prohibiting Tenant from performing any services on its own aircraft with its own employees, or with an approved product service center (including, but not limited to legally permissible maintooance and repair) that it may choose to perform. 23. AUTHORIZATION Each person executing this Lease warrants and covenants that this Lease and the execution of it has been duly authorized and approved by its respective governing Board. ",- 24. FLIGHT OPERA nONS Tenant acknowledges and agrees that the Authority reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Leased Premises, together with the right to cause in the airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigatlon of or flight in said airspace, and for use of said airspace for landing on, taking ofT from or operating on the Airport. Tenant's use and enjoyment of the Leased Premises is subject to noise and operations. 25. AIRCRAFT HAZARDS Tenant acknowledges and agrees that the Authority reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Tenant from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the Authority, would limit the usefulness of the Airport or constitute a hazard to aircraft. ,- 177071. 5 ~2312004 21 --- ---.-..-" ......-.' . ..~ -. .- ~. . -.-..----- -- 26. AIRPORT OPERATIONS Tenant agrees to refrain from any act or omission which would interfere with or adversely affect the operation or maintenance of the Airport, or otherwise constitute an airport hazard. 27. OBSTRUCTIONS Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the leased premises to such height as to comply with Federal Aviation Regulations, Part 77. 28. CONDEMNATION A. If, at any time during the term of this Lease, the leasehold of the Authority under the Master Lease from the City of Naples shall terminate or the whole or substantially all of the Leased Premises shall be taken in condemnation proceedings or by any right of eminent domain, this Lease shall terminate and expire on the date of such taking and the fixed rental and other charges payable hereunder shall be apportioned and paid to the date of such taking. For purposes of this paragraph, "substantially all of the Premises" shall be deemed to have been taken if the untaken portion of property cannot be practically and economically used or converted for use by Tenant for the purpose permitted by this Lease. B. Nothing herein shall waive any right that Authority or Tenant may have concerning any rights to be compensated for the appropriation or taking of property or rights by condemnation. 29. GOVERNING LAW This Agreement shall be governed by and interpreted according to the laws of the State of Florida. Any litigation involving this Lease or the use and occupancy of the Leased Premises shall be 171071.54/2312004 22 .- .. . - . filed and litigated in Collier County, Florida, in a non-jury proceeding. Tenant hereby waives and releases any right it has or may have to a trial by jury of any issue. 30. BINDING EFFECT This Agreement shall be binding upon, and inure to the benefit of the parties hereto and their successors. This reference does not authorize an assignment or subletting by Tenant. 31. REMEDIES CUMULATIVE-NO WAIVER A. The rights and remedies granted to Authority hereunder shall be deemed to be cumulative and ,,- non-exclusive. The failure by Authority at any time to assert any such right or remedy shall not be deemed to be a waiver, and shall not preclude the entitlement to or the assertion of such right or remedy at a later date. B. The Authority may, at its exclusive option, accept partial or late payments from Tenant, without waiving any rights concerning collection of the full amount due, and without waiving the Tenant's default for non-payment. Authority may simultaneously accept partial payments due hereunder and still proceed to dispossess Tenant and/or terminate this Lease or it.s right to ~cupy the Leased Premises. Nothing in this provision shall excuse Tenant from making timely payments when they are due. 32. NOTICE TO PARTIES It is understood and agreed between the parties hereto that written notice, mailed by certified mail, return receipt requested, or hand delivered to Authority or Tenant shall constitute proper and sufficient notice if sent to Authority addressed to: Executive Director, City of Naples Airport Authority, 160 Aviation Drive North, Naples, Florida 34104, - 177071.5 4123120~ 23 .'_'O'"_",,_u,,, _._--""~....,,. . ._'.._N . . and if sent to Tenant, addressed to: Collier County Real Estate Services Dept., 330 I East Tamiami Trail, Naples, FL 34112, or at such other address as either party may designate to the other by notice in writing. 33. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties hereto, supersedes any and all prior written or oral agreements or understandings, and may be modified only by a writing executed by the parties hereto. 34. DOMINANT AGREEMENTS The parties hereto expressly understand that this Lease is subordinate and subject to the Airport Rules and Regulations, any and all lending, bonding, certificate of participation, master lease and agreements between Authority and the Federal Aviation Administration, or between Authority and the State of Florida, or between Authority and City of Naples whether presently existing or hereinafter created. During the time of war or national emergency, Authority shall have the right to lease the landing area or any part thereof to the United States Government for military, naval or similar use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. Any executed lease, including this one, shall be subordinate to the provisions of any existing or future agreements between Authority and the United States, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development of the Airport. 17707 I. 5 412312~ 24 .- .' '- '-.n'." -.. ..~ . _u.__ , I 35. RADON DISCLOSURE Radon is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 36. HEADINGS The section headings are included for reference purposes only, and shall not be employed to interpret or to construe this agreement. ,.- IN WITNESS WHEREOF, the parties have caused this Lease to be executed by their appropriate officials, as of the day and year first above written. CITY OF NAPLES AIRPORT AUTHORITY. a political subdivision SEAL of the State of Florida ATrEST: By: Alice J. Carlson by: Chairman Theodore D. Soliday Executive Director SEAL A TrEST: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: By: Deputy Clerk DONNA FIALA Chairman ... F. Jose McMackin III ~~ Cou to the AuthOrity~~ Thomas C. Palmer Assistant County Attorney - 177071.UI2~ 25 .- ,..-.-.,' ~--'--_._.._"-- ... ...."-- ".--- EXHIBIT "A" LEGAL DESCRIPTION MAIN PARCEL DESCRIPTION PARCEL A: A PARCEL OF LAND LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE SOUTH ONE-HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN NORTH 89'34'26" EAST ALONG THE NORTH LINE OF SAID SOUTH ONE-HALF OF SECTION 35, A DISTANCE OF 1707.15 FEET: THENCE RUN SOUTH 00'25'34" EAST, A DISTANCE OF 514.34 FEET .TO THE POIN T OF BEGINNING; THENCE RUN SOU TH 45"09"6" EAST, A DISTANCE OF 38.2' FEET; THENCE RUN SOUTH 75"' 3'i'" EAST, A DISTANCE OF 237.15 FEET; THENCE RUN SOUTH 44'34'47" WEST, A DISTANCE OF 592.69 FEET; THENCE RUN E NORTH 45'25'43" WEST, A DISTANCE OF 404.37 FEET: it THENCE RUN NORTH 44'20'50" EAST, A DISTANCE OF 130.02 .... I FEET: THENCE RUN SOUTH 45'24'48" EAST, A DISTANCE OF ~ 160.90 FEET: THENCE RUN NORTH 44"34'47" EAST, A .; DISTANCE OF 345.07 FEET TO THE SAID POINT OF BEGINNING. 0 1;- :l CONTAINING 148,875.95 SQUARE FEET OR 3.418 ACRES OF ! LAND, MORE OR LESS. -=- z: 0 ;:: Q. ii! <.J '" e 00 J " - ,: Ol ~ 0 -::: ~ ... ;?- Ii; IDJIIISDD 2J30 STANfORO COURT DESCRlPTION NAPLES. F1.ORIOA J4112 NAPLES AIRPORT AUTHORITY PHONE (2J9) 4J4-0JJJ . ENGINEERING fAX (2J9) 4.l4-9J20 OATE IPA~CT 1"0. lru:~. ISCALE IS/'lEEf E.B. 1642 01< LB. 1642 0312004 200J4261 J5-49-25 N/A , Of 1 ,,- - EXHIBIT "B" LEGAL DESCRIPTION REALIGNMENT PATRIOT WAY DESCRIPTION PARCEL B: A PARCEL OF LAND LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE SOUTH ONE-HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 - EAST, COLLIER COUNTY, FLORIDA AND RUN NORTH 89'34'25" EAST ALONG THE NORTH LINE OF SAID SOUTH ONE-HALF OF SECTION 35, A DISTANCE OF 1707.15 FEET; THENCE RUN SOUTH 00'25'34" EAST, A DISTANCE OF 514.34 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 44'34'47" EAST, A DISTANCE OF 15.00 FEET; THENCE CONTINUE NORTH 44'34'47" EAST, A DISTANCE OF 19.6'3 FEET; THENCE RUN SOUTH 75'15'22" EAST, A DISTANCE OF 281.29 FEET; THENCE RUN E SOUTH 44'34'47" WEST, A DISTANCE OF 55.89 FEET; THENCE :. RUN NORTH 75'13'11" WEST, A DISTANCE OF 237.15 FEET; on ~ THENCE RUN NORTH 45'09'15" WEST, A DISTANCE OF 38.21 I ~ FEET TO THE .SAID POINT OF BEGINNING. ..,; 0 CONTAINING 13,434.3 SQUARE FEET OR 0.308 ACRES OF ~ 0 lAND, MORE OR LESS. :0 ~ N z 0 Ii: ii1 [;( ~ '" . ... 0: " on '" ~ 0 ..- ~ 0 ..- on c...-,~ IItIIBBDDI U50 ST....FORO COURT DESCRIPTION NAPlES. Fl..ORIOA 3411 2 NAPLES AIRPORT AUTHORlTY PHONE (233) '3'-0333 ENGINEERING FAX (239) 434-9320 QATt IPRO..E:CT NO. 1Fl...E...o, ISGAlL ISHEOT E.S. 16<2 & 1..8. 1642 OS/Z004 2003425' 3~4'_" N/. I OF , ~."..._.".~....,.",_.- -....-- -_._-. .-, .__.."-~. - . :.r....- EXHIBIT "e" SKETCH OF "A" AND "B" POINT OF COMMENCEMENT / -.-.,"""""",...""'.. 1/1 t1I .r;1IQIll ~u : t N&t"J4"ZS-t ---------~---------------------------- r=----- m-----''''''7- , , ~ I I I I I I N()ItlM UNE: 01' 11-lf I SOUTH 1/2 Of SECTICN .).5 , ~:8 ~It: ....,c.i "'1-' ,'" , , 0 100' 200' I r---- , I II'tI.IM) sir'" CfW'H'C SCAL! IN fEET I .lIO ClOI'MCAhClM : ,- "~';.~1rE OF BEGINNING ~".L""'.IoMD" ST.-.Q \,J r LW s. Mea .... CAlf ~ 0 .n , ~ .; 0 ~ NAPLES MUNI CIP AL AIRPORT 0 :::E ! -::- J:: u t; ~ ... . .. ~ ~ .. N . ... 0 ...- ~ ... ~ <ii ~ 2~50 STANFORO COURT DESCRIPTION NAPLES. FLORtOA J.,12 NAPLES AIRPORT AtITHORITY PHONE: (2~9) ~4-0~JJ ENGINEERING FAX (2J9) ~4-9J20 CAT[ E.8. 1642 do 1..8. 1642 0~/2004 ....... . -. .- EXECUTIVE SUMMARY Report and ratify Property, Casualty, Workers' Compensation and Subrogation Claims settled by the Risk Management Director pursuant to Resolution # 2004-15. OBJECTIVE: To report and receive ratification from the Board of Commissioners of Property, Casualty, Workers' Compensation and Subrogation claims settled under the authority of the Risk Management Director during the period January 1, 2004 through March 31,2004 pursuant to Resolution # 2004-15. CONSIDERATIONS: On January 13, 2004, Resolution 2004-15 granted limited authority to the Risk Management Director to settle certain claims against Collier County and to authorize the payment of investigation and adjustment expenses as presented to the Collier County Risk Management Program. The Resolution grants settlement authority as follows: Claim Type Delegated Authority Bodily Injury Liability- Premises, Auto, Non-litigated claims less than $50,000 Operations ~ Non-litigated claims less than $75,000. Property Damage Liability Claims- (Note- A $75,000 limit is sought due to high Premises. Auto, Operations valued vehicles and the potential for multiple vehicle accidents.) Errors, Omissions, Professional Liability, Non-litigated claims less than $50,000 Employment Practices Liability Property Losses to County Owned Full authority Property Full authority subject to the provisions of F.S. Workers' Compensation 440 and subject to approval by the Judge of Compensation Employer's Liability Non-litigated claims less than $50,000 Subrogation- Bodily Injury and Property Full authority to pursue non-litigated subrogation Damage recoveries. Subrogation- Workers' Compensation Full authority to pursue non-litigated subrogation recoveries. Loss verification procedures, including the completion of claim forms; documentation of evidence; valuation; a finding of liability where applicable; and review and approval by the Risk Management Director have been completed for all claims. Enclosed is the Settlement Report compiling the detail of those claims settled during the quarter. ~ FISCAL IMPACT: There is no fiscal impact resulting from this action. Agenda Item No. 16E7 May 25, 2004 Page 1 of 8 --.-..,. _ _..".,..,_......_"..~.,;._.~IO',,,'~,.,,__...~"..."al"." . '. ,_ ."." ~.". ,~....,.d.'..W.,.;..._",...., ~'..._..,.".,.."" GROWTH MANAGEMENT IMPACT: There is no growth management impact resulting from this action, RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Settlement Report and ratifies the actions taken therein. .,........~ ...-- Agenda Item No, 16E7 May 25, 2004 Page 2 of 8 ._",."..,._"_.,.-._"",-;"..~^.-,,. ".,"'r"'_'_,'#"_"';,_';"""_""_~''''''''''''''' COLLIER COUNTY - BOARD OF COUNTY COMMISSIONERS Item Number 16E7 Item Summary Report and ratify Property, Casualty, Workers' Compensation and Subrogation Claims settled by the Risk Management Director pursuant to Resolution # 2004- 15. Meeting Date 5/25/2004 9:00:00 AM Prepared By Sheree Mediavilla Risk Manager Administrative Services Risk Management Approved By Jeffrey A. Walker, CPCO, ARM Risk Management Director Date Administrative Services Risk Management 5/12/200411:48 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 5/18/20041:51 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5/1812004 4:46 PM .- Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Managernent & Budget 5118/20044:46 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Managernent & Budget 5/18/20046:49 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/19/20049:40 AM .~ Agenda Item No. 16E7 May 25, 2004 Page 3 of 8 ~_.. ~",'-- -.-....--... -+------ h 3-3 1.()4 eo., ClaImant Name Close Date Division Name Center De rtmen! o..:rt Uon 0' Acddent Total P.ld Gonzales. Jorge L "512004 Public:: SeNices '_'0 EMS Was scratched by a patient employee was attending. $ 97.35 O'Sullivan, Stephen \I 1/512004 Court Administration 410110 OTHERGEN AOMIN Struck by a metal hand truck.. $ 393.13 Sha~. Dolores A 11512004 Cieri< of Coun 321910 RECORDING Spilled hot coN" grounds on her arm. $ 373.93 Valc::lez, Elida 1/512004 Transportation 1636JO TRAFFIC OPERATIONS Fell as she stepped off the edge ot a doorway ramp. $ 349.13 MenolCino. Carol J 11612004 Development Services 138931 ADORESS I RECORDS StnJck by a door opened by a eo.wor1<;er. $ 217.02 Summers, Nancy C 1n/2004 Transportation 163620 TRANSP MAINT RIB St:nJck by a ratchet when releasing the tie down on a lawn mower. $ 682.02 P ratl, Greg N '1812004 County Manager 182901 ROW BEAUT FIELO Strained back while removing a sprayer from the vehicle $ 31199 Long. Mary K 1/13/2004 Public:: Services '56310 PARKS I REC ADMIN Tripped over a person resulting In injury to ankle. $ 48574 Z~r. Kurt 0 111512004 Public:: Services 1554 10 OOMESTIC ANIMAL SERV Exposure from handling an anima.l that has ringworm. $ 182.93 Fernanc:lez. Mario 112112004 Transportation 163620 TRANS? MAINT RIB Reported back pain after using a Jet vac. $ 1,250 85 Gonzalez, Benito A 1/22/2004 Transportation 1636JO TRAFFIC OPERATIONS Allergic react~n after touching eye with glove. $ 163.53 Favioer, Isabelle F 1129/2004 Public: Service! 1_10 EMS Lost balance in ambulance, twisted ankle $ 287.96 Od"lema, Mary E 2/2/2004 Property Appraiser 51010 PROPERTY APPRAISER Slipped and fell on a tUe floor. $ 325.70 Sanct1ez, Aristides H 21312004 Public: Servion 156363 BEACH & WATER PK Of' Rototitlef rolled onto efTlJloyee's foot. $ 75O.9S Koc:ses, Karen A 21412004 Publlc Se....ioes 156175 NORTH REGIONAL LIB Pinched middle finger in tl"1e roner of a d,- cut machine. S 90.00 Kain, ~aribel 2/512004 Public Servicu 155410 OOMESTIC ANIMAL SERV Bitten by . cat while putting food in I cage. S 438.80 Forsster, Bernice M 211112004 Public Se....icea 1_10 EMS Squatting down to lift a palient and fell: a pullin her back. S 512.16 Phillips, Sharon J 211112004 Development Services 138329 PLAN ADMIN Slipped and fell on grease on floor of empkJyee lounge. S 10.00 Mendoza. Jose 2/1812004 County Manager 18290 1 ROW BEAUT FIELD Bitten by an insect. $ 269.20 Homich, Debora 2/23/2004 Publk: Service.s 1554 1 0 OOMESTIC ANIMAL SERV Bitten trying to separate two dogs 11"1at were figl"1ting. S 59455 BliInco, Lazaro J 2-'2512004 Transportation 163628 AOUATIC PLANT CONTROl Electrical shock when power lines were struck performing weft( with back hoe. S 132.70 Herrera, Martin 2l2612OO4 Public Service.s 156332 PARKS & OTHER PROP Twisted his ankle while getting down from a tractor. S 38780 Bennett, Nicole 2/2712004 Public SeMcos 1_'0 EMS Strained lower back lifting patient S 27.728.53 Butcher, Brandy J 2/27/2004 Public Services 144610 EMS Injured back bending over 10 pick up equipment. S 3.52568 Ouesterhoett, Anthony 2/27/2004 Administrative Services 122410 FLEET MGMT ADMIN Pain in foot after plJsl"1ing a disabled riding lawn mower. S 604.72 Morgan, Bruce 0 2127/2004 Public: Utilities 233351 COLLECTION Felt pop in left knee while climbing down from road grader. S 16.30949 Aeategui, Astolfo 2127/2004 Public Services 156332 PARKS I OTHER PROP Caught his finger between a storm drain and cover. $ 479.24 Calns, Craig L 311/2004 Public Utilities 253212 DISTRIBUTION Bitten by an insect wl"1lle wooong on a meter. $ 30920 Hixson, Kerri E 31212004 Court Administration 431310 PAROlE I PROBATION Struck k.nee against the witness stand in 8 court room. S 37503 Hoard, Andrew N 312/2004 County Manager 144360 ISLE OF CAPRI FIRE S1epped on ,J hose coup6ng as l"1e exited the ftre truck.. $ 1.472.16 Ta.ylor, Lisa L 3/512004 Transportation 163610 TRANS OPERATIONS Fell on wet tile. $ 30428 Crato, Cl"1ristine P 3/8/2004 Public Services 1_'0 EMS Needle stk:k while anendlng a palient. $ 130.54 Costanzo, Michael J 3/12/2004 Public Utilities 253221 WATER TREAT VANDERB Struck in the face by the hand grinder he was operating. $ 624.35 Price, James R 3/1212004 Administrative Services 122255 COUNTY SECURITY Struck from behind by an automobile while operating golf cart $ 288.11 Agenda Item No. 16E7 May 25,2004 Page 4 of 8 ."'~ Keshock., Sharon B 3/1812004 Pubic 5ervicea 15&100 LIBRARY ADMIN Shoulder pain. RepeUtlve ltfting and moving ot flbrary materials. S 3.82&.61 Wilcox, Clarence G 3123/2004 Transponallon 163620 TRANSP MAINT R&B Experienced low back pain whi~ finishing concrete. S 611.07 Posada, Jessie l 3/2412004 Pubic Services 156334 P ARKS'MSTD Loading truck, ten hun beck/neck. S 45.257.76 Atvarado. Miguel 312612004 Transpona1lon 172930 AQUA TIC PLANT CNT Jumped trom truck and injured knee. S 73.190.19 Macyke. Ado~o D 3'2612004 Public Services 144810 EMS Injured shoulder during a boat rescue in rough water. S , 4.286.64 Behrens.KUngerman, L 3'29/2004 Public Se",ices 144810 EMS T~ped over weights left on noor and In,..red knee, S 61,372.26 lazo, Jorge L 312912004 Transponallon 163620 TRANSP MAINT R&B Felt pain after removing a metal plipe from a truck. S 2,451.04 Merchant, Robert E 3/29/2004 Transportation 163620 TRANSP MAINT R&B Walldng backwards with guardrail and fell. S 6.674.91 Petrum. Patti L 3/29/2004 Development Services 13691 I COOE ENFORCE ADMIN Slipped on gravel in construction area. S 10.169.83 Stoner, Charles 3.'29/2004 Collier County Sheriff 106010 CCSO Aestraining escaping prisoner / right knee injury. S 42,000.21 Workers' Compensation Paid Total $ 320,319,56 ,_. Agenda Item No. 16E7 May 25. 2004 Page 5 of 8 -, ._.~. ~.-..,,"-- ,--_..._...,_. h March 31, 2004 Cost ClJilment Name Close DlI1e Claim T Dtvllllon NIlme Cent... .rtment Oeserl tlon ot Accident Fails. Verinetha 11512004 GEN LIAS Public 5ervtces 156334 PARKSlMSTO Sliding glass door struck by rock from county lawnmower. $ Paluchanics, John 11512004 GEN LIAS Transportation 163620 TRANSP MAINT R & B Claimant's vehicle damaged by rock thrown from lawn mower. $ Dowdal, George 11&12004 GEN LIAS Public Utilities 253212 OISTRIBUTION Oaimant alleges county turned on water that caused leak and damage. $ Collier County 1m2004 AUTO PHYS Public UtIlities 233351 COLLECTION County yehicle struck a deer In the road. $ Collier County 11812004 AUTO PHYS Admin Services 122240 MAINT SERVICES Unknown how damage happened. Found on 9/18. $ Collier County 111212004 AUTO PHYS Public Services 155410 DOMESTIC ANIMAL SERVICES County vehide1Urned left in front of claImant's ....hicle. $ Potter t Robert A 1/1212004 GEN L1AB Public Services 156363 BEACH & WATER PK OPS Claimant struck boat propellar against np of boat ramp. Alleges ftawed design. $ 2.455.53 Salguero, Emilio 111212004 AUTO LIAB Public Services 144610 EMS On call emergency ambulance stnJd<. claimant's vehicle at intersection. $ Gonser, George 111612004 GEN L1AB Transportation 163620 TRANSP MAINT R & B Claimant thrown from bicycle when htt deep depreSSKJn In sidewalk. $ 8.500.00 Posada, Ana 1/1&12004 PROF L1AB Public Services 156334 PARKSlMSTD Alleges wrongful termination $ H B Holdings of SW FL 112012004 GEN L1AB Public Utilities 253212 DISTRIBUTION Employee cut street lighting wires. $ 3.321.00 Battis, Thomas J 21312004 AUTO LIAB Public Services 144610 EMS Ambulance was backing up when it stnJck a decoratrve vase. $ 169.60 Ourrenberger. Nancy 213/2004 AUTO LIAB Public UtiUties 210151 UTILITIES BILLING County vehide ran into rear 01 claimant's vehicle. $ 1,453.63 Nyce. Paul 211712004 GEN LIAS pubrlC UtlI"ios 233351 COLLECTION Homeowner aleges county broke sewer line and caused back-up. $ Sprint 2/20/2004 GEN LIAS Transportation 163620 TRANSP MAINT R & B Claimant alleges county cut phone lines and business revenue was lost. $ Ricketts Enterprises 2123/2004 ERR'QMSN Public UtIlities 173410 SOLID WASTE ADMIN All&ges racial discrimination for issuance 01 citations for ordinance violations. $ 24.582. n Garrison, Gary 3/112004 GEN LIAS Transportation 163620 TRANSP MAINT R & B Claimant vehicle $tI\Jck pothole. Alleges year since Last maintenance. $ 225.00 Fuller, Greg 313/2004 AUTO L1AB Public Services 144610 EMS E~S struck carport. $ 882.38 Colier County 3/412004 AUTO PHYS Public UtIltties 233351 COLLECTION Pic:k-up truck rolled over and caugnt on fire. $ 24,116.77 Oorcely, Josue 3/412004 AUTO LIAB Public Utilities 253212 DISTRIBUTION County vehicle backed inta moving claimant vehicle in convenience store parking lot $ 34.111 Coiner County 3/&12004 PROPERTY Public Services 155410 DOMESTIC ANIMAL SERVICES Tornaoo damage to buUding. $ 237.60 Bishop, Matthew 3/15/2004 PROF L1AB Public Services 1554 10 DOMESTIC ANIMAL SERVICES Employee alleges he was improperly fired. $ CoI~er County 3/1612004 PROPERTY Admin Services 121152 IT ADMINISTRATION Emp{oYH stole computer equipment. $ 2.412.00 Paquette, Artnur 3/1712004 GEN L1AB Transportation 163620 TRANSP MAINT R & B Trailer tire punctured by hc>>e in road S 107.01 Shelton, Marjorie 3/1712004 GEN L1AB Transportation 163620 TRANSP MAINT R & B Pipe installed 15-20 years ago under driveway collapsed. S 6.250.00 Williams, Helen L 3/1712004 AUTO LIAS Transportation 163620 TRANSP MAINT R & B Cargo fell onto road and claimant venlcle ran into tt $ 162.08 ColRer County 312212004 PROPERTY Admin Services 122410 FLEET MGMT ADMIN Ugntning strIke at or near fuel sheet. $ 6.637.35 Peeples, Beny Louise 312412004 AUTO LIAB BCe 100010 BCC OFFICE County vehide rolled backwards into claimant vehide. S 1.972.50 Bendetta. Jeff 3/2&12004 GEN LIAS Transportation 163620 TRANSP MAINT R & B Claimant vehicle damaged from rock thrown from lawn mower. S 411.39 Francisco, Tapia 3/2&12004 AUTO LIA8 Public Services 144610 EMS County vehicle rear ended claimant vehicle pushing it into 3rd vehicle. S 2.531.78 Mefford. Gordon 312612004 GEN L1AB Transportation 163620 TRANSP MAINT R & B Claimant vehicle damaged due to road condition. S 289.62 Total S 89.437.38 Agenda Item No. 16E7 May 25, 2004 Page 6 of 8 - AS OF 516104 Subrog8tlon CI81ms Settled 1/1104 through 3/31104 Insured's Name Location of Incident Services Performed 10/25/2003 L Estrada East Main Street Repaired Stop Sign $130.50 11/3/2003 J. White Immokalee Road Repaired Traffic Sign $110.17 11/24/2003 A.Hadden Davis Blvd. Repaired Truck Window and Trailer $1,204.24 11/30/2003 D. Davis US41 Replaced Damaged Sign Post $266.89 11/12/2003 N. Ellington Airport.Pulling & Hibiscus Repaired Sign $69.92 11/16/2003 Y. DeLeon Golden Gate Parkway Repaired Sign $0.00 12/21/2003 Penske Lease SR29 Repaired Pedestrian Signal $985.72 - 11/22/2003 C. Archambault Domestic Ave. Repaired Sign $69.92 11/26/2003 W. Hennessey Rattlesnake Hammock Repaired Sign $104.42 12/14/2003 L. Miller Immokalee Road Repaired Street Light $992.97 12/23/2003 N. Murray Manatee Road Repaired Speed Limit Sign $77.05 1/4/2004 C. Perez Bayshore Drive Repaired Light Pole $2,035.20 2/12/2004 S.Smlth 16th Avenue S.w. Repaired Sign $81.65 1/30/2004 K. Sweat CR 31 & Orange Blossom Repaired Sign & Street Light $4,491.31 1/30/2004 J. Orneus Airport Road Repaired Street Light $5,398.68 12/1/2003 Lorenzo Diaz 25th St. & GG Blvd. Windshield & Bumper Damage $1,8n.05 1/6/2004 W. Floyd 9th Street N. Repaired Fender Damage $1,416.15 12/11/2003 R. Koert Progress & Commercial Repaired Vehicle $273.73 1/21/2004 EMS 15th Street Repaired Vehicle $1,119.95 12/812003 Owen-Ames Lift Station Install a Transformer $6,318.00 12/17/2002 Gorman Co. Radio & Industrial Cleaned Up Acid Spill $118.05 Agenda Item No. 16E7 May 25, 2004 Page 7 of 8 ,- "."- . -.. -",,_no Insured's Name location of Incident Services Performed 12/10100 Ole Mex Foods Golden Gate Parkway Replaced Tree $4,360.56 12/11/2002 FPl Repaired Underground Cable $2,157.10 8/20/2003 J. Alvarez U.S. 41 Repaired Guardrail $1 ,498.35 6/24/2003 American Dream Builders 3451 - 54th Ave NE Remove Drive Without Culvert Pipe $325.80 6/18/2003 United Rentals Airport & long Boat Road Repair & Oil Clean-up $118.05 7/15/2003 Schwab Concrete Immokalee Road Clean-up of Oil leak $68t .80 7/4/2003 F. Chavez Radio Road (CR8SS) Repaired Streetlight $3,001.49 8/16/2003 D. Rivero U.S.41 Repaired Guardrail $255.37 9/19/2003 M. Connolly Gulfpark Drive Replaced light Pole $13,905.24 6/13/2003 R. Stack Polly Ave. & Rattlesnake Repaired Valve $490.00 8/21/2003 American Boring 800 Tallow Tree Ct. Repaired Gravity Sewer Main $12,355.93 $73.362.45 Agenda Item No. 16E7 May 25, 2004 Page 8 of 8 ,....-..... EXECUTIVE SUMMARY Request the Board of County Commissioners approve an Emergency/Disaster Relief Marketing Budget plan for advertising and web site information up to $300,000 OBJECTIVE: To establish EmergencylDisaster Relief funding to be implemented, if needed, to increase visitation to Collier County after an emergency, disaster or serous slowdown in tourism, CONSIDERATIONS: With the beginning of hurricane season, the threat of disasters affecting the tourism industry is top of mind. On April 19, 2004, The Tourist Development Council (roC) voted unanimously to recommend approval for an Emergency Advertising Program to boost tourism visitation to Collier County in the event of an emergency or disaster situation such as hurricane, wild fires or military action. The County has had such a plan in place last fiscal year and in order to be prepared, staff has directed Paradise Advertising to develop such a plan, Implementation of the plan will be only after careful consideration of the extent of the disaster, market conditions and consumer confidence. The County Manager will then authorize the release of funds from the Tourism Disaster Recovery Fund # 196. This fund is only used for Disaster Recovery and does not affect current advertising and promotion from the Tourism _. Operating Fund 194. FISCAL IMP ACT: The $300,000 is available in Fund 196. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the adoption of an EmergencylDisaster Relief-Advertising Plan of up to $300,000 with Paradise Advertising and funds dispersed only after careful consideration by staff and approval of the County Manager. .--. Agenda Item No. 16F1 May 25, 2004 ~.,,'----" ".,..,." ~,., ,".t,..,.....'. .".."'#"~....""N.,','.'>,,,,.~,< -- " ,'.~." ~.,,-"'_._- COLLIER COUNTY .~ BOARD OF COUNTY COMMISSIONERS Item Number 16F1 Item Summary Request the Board of County Commissioners approve an Emergency/Disaster Relief Marketing Budget plan for advertising and web site information up to $300,000 Meeting Date 5/25/2004 9:00:00 AM Prepared By Gail Hambright Administrative Assistant County Manager's Office Toursim Development Council Approved By Jack Wert Tourism Director Date County Manager's Office Toursim Development Council 5/141200412:46 PM Approved By Pat lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5/14/20042:13 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/16/2004 11 :22 AM ,""".., Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/17/2004 11 :48 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/18/20045:58 PM - Agenda Item No. 16F1 May 25, 2004 " '.-.~". ~._- .-._--"...""",......".'."~_._.~"--~ _."".~._.,"- -'~- EMERGENCY MARKETING PLAN 2004 - 2005 For COLLIER COUNTY NAPLESIMARCO ISLAND/EVERGLADES PREPARED BY PARADISE ADVERTISING & MARKETING, INC. APRIL 2004 Agenda Item No. 16F1 May 25, 2004 - Goal To minimize or eliminate the potential of lost room night revenues that may result from a crisis such as a hurricane, fires, and terrorism. Obiectives . To make prospective visitors feel comfortable with their decision to visit the Naples/Marco IslandlEverglades area. . Secondary, benefit of this campaign would be to increase name and brand awareness to potential visitors. Situation Analvsis .-"", More often than not when a crisis, such as a hurricane, strikes Florida, potential visitors assume that vacationing in Florida is not a practical option. In reality, the media and public can confuse geographic areas and assume that all Florida was impacted by the crises when in fact, it could be isolated to a small area. Even if the NapleslMarco IslandlEverglades area were hit by a hurricane, the crises would not necessarily preempt visitation. Confusion and misinformation have been the biggest culprits for lost business in past Florida crises. -- Agenda Item No. 16F1 May 25, 2004 ~,--~ ---.->;.-- -,,-"-. Strate2ies . Develop a 5-7 day marketing blitz that has creative produced and media schedules that can be in place within 24-48 hours after the crises. . Develop a media campaign that would reach out to the major feeder markets for the Naples/Marco IslandJEverglades area. . Develop a two-fold creative program that will make potential visitors feel comfortable that they can safely visit the area, at the same time reach out, and promote the brand. . Develop a public relations campaign that helps overcome the stigma that a visit to the area is not feasible. The PR campaign can also increase brand awareness. . Establish a home page pop-up and landing page on the CVB web site that provides information and reassures potential visitors. Tactics . Media: . Cable TV: This one week campaign would run immediately after the crises. The Weather Channel, CNN, NBC News, Fox News and to a lesser degree, entertainment channels would be used to provide immediate information to educate and make the public aware that a visit to the area is feasible and encourage. Because of television's powerful branding capabilities, the campaign would also establish the brand, perhaps even reaching new prospects. . Print Publications: Newspaper and consumer magazine travel sections are not especially good at branding. They are good at promoting special offers and thus the hoteliers should be encouraged to run special offer campaigns to coincide with the CVB media Blitz. . OnlinelPush Technology: Emails providing information that reflects the brand would be sent immediately to the CVB database. E-mails or a series of emails would also be made available to hoteliers and appropriate attractions so the campaign could be sent to their database as well. A similar campaign would be developed for public relations to send to the various media. Agenda Item No. 16F1 May 25,2004 ."......... Public Relations Use PR as a means of keeping the information flowing to support the other media approaches and to keep the media informed of the local conditions. . Use Local Community for Communicating Positive and Real Status on the area. . Video News Releases . Audio News Releases . Press Releases . Photo/Caption Releases . Web site Upgrades for "Up to the Minute" News . Media Missions . Press Familiarization Trips Creative . Pre-produce all creative including television, three email versions, and pop-up and landing page for the CVB website. . TrafficfTransmissions will be pre-arranged so that the creative for the ,.-, campaign can be trafficked within a 24 hour period or less. Conceivably, the online portion of the campaign could be up and running within minutes. . Crises other than hurricanes would be handled in the same manner, as proposed, for the Hurricane Emergency Plan. Crises may include: wild fires, oil spills, terrorism and others, which may require a customized intro or revamping of the creative. The Client, Agency and production vendor would have the materials in-house and be on stand-by to facilitate a 24-hour turn around. - Agenda Item No, 16F1 May 25, 2004 "--"'-- ,~.",- ."'-,--,--_._'"~...,.- ------ Budget Recommended budget is $300,000 that would include media for cable television, online marketing, all creative for TV, online push technology and the website landing page and pop ups. Estimates . Cable TV $275,000 . Online Push Technology $5,000 . Production: TV /Emails/Landing Page $20,000 . TV - 2 Versions . Emails - 3 Versions . Website-Pop-up & Landing Page Total $300,000 Agenda Item No. 16F1 May 25, 2004 - ,;- . 's~ .. .... Paradise :. ,~;/. Advertising & Marketing, Inc. TELEVISION COpy Client Collier CVB Job No Pruduct Format :30 Draft 1 Status for Approval Date 2/3/03 Title Emergency Campaign I After a Hit. VIDEO AUDIO AUDIO: Howlinl wind under OPEN: To shots ot Hurricilm.' toota!;\.'. ANNCR: With all the talk recently about Hurricanes in Florida, you may have thought you couldn't go there on vacation, AUDIO: Wind out. Music in, _. Well you can, DISSOLVE: 'I'll Branding 'IV format, Footage of family on beach. You see, for the beautiful Paradise Coast of Naples, DISSOLVES: Of key shots of each community as in Marco Island and the Everglades, the Hurricane is branding spot. (Golt, couple on balcony, fishing)Nolrm.'S now a thing of the past. of ~'ilch ~-dit ('" in sync. as in branding TV. Lllgo in. DISSOLVES: Roating woman, (Ouple on boat tour, din- Whether you're ready to laze on the beach, take an ing.. shoppin!;. exciting nature tour, visit a museum, or dine and shop til 'ya drop, the Paradise Coast is ready. So now that the Hurricane's paid us a visit... you can too. DISSOLVE: To couple at sun<;ct a.. in branding TV. Naples, Marco Island and the Everglades... Florida's Last Paradise. ._" 150 Second Avenue North, Suite 880 St. Petersburg.. FL 33701 I Agenda Item No. 16F1 May 25, 2004 ,_."--,-----"-""""- . - " "',^.,.-, - -...,-....-...,.'...-.--. ....". ._- ----- ,~. ':'..'.', _Paradise '::j',_ ..,..~. Advertising & Marketing, Inc, TELEVISION COpy Client Collier CVB Job Nu Product Furmat :30 Draft 1 Status For Approval Date 2/3/03 'mlc Emergency Campaign/ Missed Us. VIDEO AUDIO AUDIO: Howlin& wind under ANNCR: OPEN: To sh{lb; of Hurricane footage. With all the talk recently about Hurricanes in Florida. you may have thought you couldn't go there on vacation, AUDIO: Wind out. Music in. DISSOLVE: To Branding TV format, Footage of family Well you can. on beach. DISSOLVES: Of key shot.. of each community as in You see, the beautiful Paradise Coast of Naples. branding spot. (Golf, couple on balcony, fishing)Names Marco Island and the Everglades was well out of of each {>dit on in sync. as in branding T\', Logo in. harms way. So... the Hurricane may have missed us, but ~ shouldn't. DISSOLVES: Floating woman. coupl~' on boat tour, din- Whether you're ready to laze on the beach. take an ing, shopping. exciting nature tour, visit a museum, or dine and shop til 'ya drop, the Paradise Coast is ready. DISSOLVE: To couple at sunc;et a.. in branding lV, Naples, Marco Island and the Everglades.., Horida's Last Paradise. - 150 Second Avenue North, Suite 880 St. Petersburg. FL 33701 Agenda Item No, 16F1 May 25,2004 ou;....,] \',,,,.>/ IlIf..""..r,,,,, ,'illo ("" ('lltH'nl \\.c;\lhcr "* Clear 140 . ^'~... .,..""',.,....." ~~~~"!~~ Scu,!. '. out 1C l\1~~ ere to , t.~". unp 10 ),) C'l bt ., C l:l ..:mn \1 'II . ..,,J.C"U'. ,'n: oJ.:' . t N< ..'""" ...../ f , I" " i'", ",1 ., ''''~) " . ~ ' . I . .~. -.., ~ .... i 1. t .'t.......... ~:"t ..... ~..'i;:>...: "" , ...... , ' l-:i,...;:" ? _,'A>-~"-_~ ~~~-F;~~"-~ ....~., Spc~l.u OfTen }"un'llIl11<lmHy \lftll.J {nur 1''':'0; l'itodmn: C<)fl\lHi~\ion C..nU<1 t.:.J \1\ IumLI.:Y '" \1- t.,,\,h.':- 1\ '", ~ !l.r., G Lj\c Ch.lt , - - - II . OfT/au V,iitor In[omull,m SI/e t;n: Cunellt ". cather . Clear 740 ~~~~~~ S,'",d. A ut c, re~ lCfe to . lAY unt" to 0 C~cn<lu . C \.<tntu \t.'~'l1n;: ~- v--,t : ,.,;. .- ~ ~, --, S(", " ., -\."'~~ . .. ' ,~ .. i -: " . '" ~ 1 ~ ........... /...,.' '. '.-' , '~i~,\"" "* .. >t .. . z.' ,~~~ 'A~".~"" ...u.~~^ ~~~-~- 'S~~l ()!Tcu . 'l'mm<m [ndu...:r)' Virtual Tour ., Fn',; Brochure' C{)mn:~>i"ll C,)lll;C(1 l-.J \1\ It;:;('[;lry ~;lr ~~~:~1' I~i,~~~ 1', li~ ! {. '!!li ;::. I j\(' Ol.lt - . . . - . . .. . , '.ft~"'" .-'-. APPRO V AL OF BUDGET AMENDMENTS BCC Agenda of May 25, 2004 Transportation Services (Fund 101) Budget Amendment #04-260 Operating Expenses $11,100 Reserves Reserve for Contingencies (11,100) Total -0- Explanation: Funds are needed for appraisal and inspection services for the Arthrex Building. .- ,--.. Agenda Item No. 16F2 May 25, 2004 Page 1 of 2 COLLIER COUNTY -~ BOARD OF COUNTY COMMISSIONERS Item Number 16F2 Item Summary Approval of Budget Amendment Report Meeting Date 5/25/2004 9:00:00 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/17/2004 10:29 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/17/20047:16 PM - ......- Agenda Item No. 16F2 May 25, 2004 Page 2 of 2 ._.~~_..... --" -----._.,~...._"..._~~-_._._~....- ',e",__" ~-,_. .~._.."'----"- EXECUTIVE SUMMARY .....'-~ Approve a Budget Amendment to Return Unspent Funds In the Amount of $61,638.25 from the Airport Authority Capital Fund (496) to the Road Construction - Gas Tax Fund (313) OBJECTIVE: To close out an unrealized grant and to return the balance of unspent funds to the Gas Tax Fund (313). CONSIDERATIONS: On June 9, 2000, the Airport Authority entered into an agreement with the State of Florida Office of Tourism, Trade, and Economic Development (OTTED) whereby OTTED would reimburse the Authority for costs incurred to the extent of $1,648,000 on a road construction project to widen County Road 846 and to create an additional entrance road at the Immokalee Regional Airport, The total cost of the project was projected to be $1,898,000. A $250,000 transfer from the Gas Tax Fund (313) supplemented the OTTED grant to provide funds for the total cost of the project. The OTTED agreement stipulated that the reimbursement process would not begin until a marble/granite manufacturer - who was to create 170 jobs - began vertical construction of a manufacturing facility. The initial agreed-upon completion date for construction was March 22, 2002, Several amendments were made to the agreement extending the completion date. To date, the marble/granite manufacturer has not indicated an ability to go forward on this project, and OTTED has indicated that no further extensions of completion dates will be granted. Given -"~ this, the elimination of budget authority for expending additional funds on this project is recommended, While waiting for vertical construction to begin, the Authority spent $188,361.75 on engineering and permitting fees. The source of funds for these expenditures was the $250,000 transfer from the Gas Tax Fund (313). Should the budget authority for expended additional funds of this project be eliminated, the balance remaining of $61 ,638.25 will be returned to Fund 313. FISCAL IMPACT: $61,638,75 in the Airport Authority Capital Fund (496) will be returned to the Gas Tax Fund (313), GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment to transfer $61 ,638,75 from the Airport Authority Capital Fund (496) to the Gas Tax Fund (313), .'. ..- Agenda Item No. 16G1 May 25, 2004 1 of 2 .-""'-- ~ .'.'""'."",...,.,.""._..,."....,...,,,..'"''',"'.,...,.~. .-, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16G1 Item Summary Approve a budget amendment to return unspent funds in the amount of $61,638,25 from the Airport Authority Capital Fund (496) to the Road Construction - Gas Tax Fund (313). Meeting Date 5/25/2004 9:00:00 AM Approved By Bob Titus Airport Financial Manager Date County Manager's Office Airport Authority 5/12/20044:21 PM Approved By Gene Schmidt Executive Director Date County Manager's Office Airport Authority 5/17/2004 8:22 AM Approved By -. Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5/17/200410:04 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5/17/2004 1 :33 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/18/20049:45 AM Approved By James V. Mudd County Manager Date Board of County - Commissioners County Manager's Office 5/18/20045:16 PM .- Agenda Item No. 16G1 May 25, 2004 2of2 ,~,._---..--""" < ""._" -~"., ""_'""'d~_ ..,.1>"__ ..._,-^" ~._-----","'" PROCLAMATION "".-. WHEREAS, from Colonial times to the present, Jews have played an important part in the defense of the Unites States of America; and, WHEREAS, in 1896 a group of Jewish Ovil War veterans organized the Hebrew Union Vet er ans, an organizat ion t hat was lat er to become the Jewish War Veterans of the USA; and, WHEREAS, thousands of Jews have died in coni:>at for t hei r count r y and thousands more have been awarded combat medals for the performance of their duty in time of war. A study of Jewish participation in the military during World War II indicat es very clearly that Jews served in the Armed Forces beyond their numerical proportion to the general population, and they received more than 52,000 awards including the Medal of Honor, t he Air Medal, t he Silver St ar, and t he Purple Heart. More than 51,000 Jews were listed as casualties and 11,000 died in combat; and, WHEREAS, today, the Jewish War Veterans of the USA combats anti-Semitism in all its forms, carries on an extensive program committed to upholding America's democratic traditions, and fights bigotry, prejudice, inj ust ice, and discriminat ion to all kinds; and, WHEREAS, the Jewish War Veterans assist veterans and their dependents through hospital, rehabilitation, and veterans' service programs and maintains Veterans' Service Offices, staffed by professionals, in major cities ",..-., throughout the Country; and, WHEREAS, the Jewish War Veterans of the USA represent a proud tradition as the oldest active veterans' organization in America. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of June 2nd through June 81h 2004, be designat ed as J EWI SH WAR VETERAN'S WEEK DONE AND ORDERED THI S 25lH day of May, 2004. BOARD OF COUNTY COMMI SSI ONEPS COLLI ER COUNTY, FLORI DA DONNA FI ALA, O1AI RMAN ATTEST: DWI GlT E. BROO<, ClERK - Agenda Item No. 16H1 May 25, 2004 Page 1 of 2 - ",- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16H1 Item Summary Proclamation to designate June 2nd through June 8th, 2004 as Jewish War Veterans' Week. Will mail once presented, Meeting Date 5/25/20049:00:00 AM Prepared By Kathleen Martinson Administrative Aide to BCC Board of County BCC Office Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 5/12/20047:31 AM Commissioners .,- Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/12/20046:49 PM ",-, Agenda Item No. 16H 1 May 25, 2004 Page 2 of 2 .-., ,-,.,.,",,---~" --""'0- ' '--'"~" #-. 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 FUNCTIONIEVENT: Graduation Ceremonies of the Leadership Collier Class of 2004 PUBLIC PURPOSE: To represent the County to recognize these graduates and future - leaders of Collier County. DATE OF FUNCTIONIEVENT: May 13,2004 FISCAL IMPACT: $50,00 (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, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: May 25, 2004 .-. Agenda Item No, 16H2 May 25, 2004 Page 1 of 3 >~-,...".._. ..-.-.-...,...";.,,. ,..."'.,....."'"",,.,'""..,, """';"-' ....".~""".>;...~.,,q.-..',....,..' .,..._,....;.............."',.,......"I..r...M """"'_"""''''''M",'~''~_''_.~.'_'_'~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16H2 Item Summary May 25, 2004, Commissioner Jim Coletta requests reimbursement for attending the Graduation Ceremonies of the Leadership Collier Class of 2004 on May 13, 2004 to represent the County as a valid public purpose. Meeting Date 5/25/2004 9:00:00 AM Prepared By Nancy Rosiak Executive Aide to the BCC Board of County BCC Office Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office Commissioners 5/12/20049:19 AM - Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/13/20044:51 PM Agenda Item No, 16H2 May 25, 2004 Page 2 of 3 _m. """-'-"'-~ ,----, 0' _,_...,..._.~..., ~,~. )0 The Class of 2004' I Join us for tfie graduation Ceremonies oj tfi.e Leaaersfiip Co{lier Class oj 2004 'Tliursaay :May 13t/i 2004 6p.m.-9 p.m. **************************** JVapCes {jJeacfi J-{ote{j1.na qo[f C{uG 851 qu[f Sfiore {jJ[vrf. JVortfi CDinner uncfer tlie stars on tfi.e Watkins Lawn 2004 Crass memGers are no cliarge $50 per guest ------------------------------------------------------------------------------------------------------------ - -. - . -. . Agenda Item No. 16H2 May 25, 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: Frank Halas FUNCTIONIEVENT: Southwest Florida Transportation Initiative (SWFTI) Post- Session Legislative Forum ...- PUBLIC PURPOSE: Review of 2004 Legislative Session DATE OF FUNCTIONIEVENT: June 2, 2004 FISCAL IMP ACf: 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 Frank Halas to attend function serving a valid public purpose. SUBMITTED BY: Date: Trisha McPherson, Executive Aide to BCC APPROVED BY: Date: Sue Filson, Executive Manager to BCC ...- Agenda Item No, 16H3 May 25, 2004 Page 1 of 4 -. .- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16H3 Item Summary Commissioner Halas request for Board approval for payment to attend function serving a valid public purpose. Attend the Southwest Florida Transportation Initiative Post-Session Legislative Forum on June 2, 2004; $35.00 to be paid from Commissioner Halas' travel budget. Meeting Date 5/25/20049:00:00 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office Commissioners 5/17/20049:33 AM Approved By James V, Mudd County Manager Date ..- Board of County Commissioners County Manager's Office 5/17/20047:26 PM Agenda Item No, 16H3 May 25,2004 Page 2 of 4 --....-.-",,- ~,."---'-,._'".--.." . . SOUTHWEST FLORIDA RECE\\fEC . TRANSPORTATION INITIATIVE Agnoti, Barber & Brundage MAY' 3 2004 Aim Engineering & Surveying, Inc, Ajax Paving Industries .' , ,. . d of County COffilll 55 ioners Allco, Inc. h.'; I.: . ..c"(' ; ",,,\" aoar' ALLETE Properties Inc. e.., , '.'\. .. · t .. . .. , Arthur Rutenberg Homes ,<\!) " ".' ;':.:-' " ',., tau are cordially invited to attend the Ave Marla University Barraco & Associates, lac. :J . ,,". , ~ L t "'. J {.;.. Barroa Collier Company BBL - Florida, L.L.C Southwest Florida Transportation Initiative The Bonita Bay Group Bonita Springs Chamber or Commerce Post-Session Legislative Forum Bonita Springs - Estero Assoclatioll or Rultors Centex Homes Wednesday, June 2, 2004 Chamber of Commerce of Cape Coral The Chamber of Southwest Florida 3 to 5 p.m. Legislative Dialogue Charlotte County Airport Autllorlty Charlotte County Cbamber of Commerce 5 to 6 p,m. Cocktail Reception Charlette County Office of Economic Denlopment Citizens Highway Initiative Program Shadow Wood Country Club (The Brooks) - . (CHIP) 22801 Oakwilde Boulevard Collier Building Industry Assoc:latloa Collier Enterprises Bonita Springs Colonial Bank Community Engineering Services Court~is Company Forum agenda includes: DCI Communities David Plummer & Associates . Report from SWFTI on legislative activities and priorities EarthMark Companies . Review of the 2004 Legislative Session from members Economic Development Couacll of Collier County of the Southwest Florida Legislative Delegation EDglewood-Cape Haze Area . Update from the Florida Transportation Commission Chamber of Commerce Estero Chamber of Commerce . Update from the Florida Department of Transportation i florida Gulf Coast Ualnnlty Greater Fort Myers Chamber of . Legislative dialogue, Q&A Commerce Inc. Gruter Naples Cbamber of Commerce $3S,OO ~~ Gulf Citrus Growers Association HNTB Corporation Harbounide Custom Homu Heldt & Associates, Inc, Henderson, Franklin, Starnes & Holt, P.A, Pleasefaxtheenclosedresponseform Hole Montes, Inc. Horizon Council of Lee County by Thursday, May 27, 2004 JohoSon Engineering KlngoD Homes Landon Development Corporation Lee Building Industry Association The Lutgert Companies Ross W. McIntosh Metro Transportation Group, Inc, Miromar Development Directions from Fort Myers: Naples Area Board of Realtors Parsons Brinckerhorr Travel south on U.s. 41 to Coconut Road. Turn left (into The Brooks) heading east Pulte Home Corporation about one mile to the Shadow Wood entrance on the left, Realtor Assodatlon of Greater Fort Myers and the Beach, Ine. The Ronto Group Directions from Naples: Simon Property Group Southwest Florida Regional Travel north on U.S, 41 to Coconut Road. Turn right (into The Brooks) heading east Planning Council about one mile to the Shadow Wood entrance on the left. SunTrust - Charlotte County US. Home Corp, Vanuse & naylor Directions from 1-75: WCI Communities Take the Corkscrew Road exit (#123). Proceed west one-ha/fmile,' turn left on Three Wal-Mart Stores East, LP Wallace Homn Oaks Parkway. Turn right on Coconut Road andJollow one mile to the Shadow Wood WilsonMiIler, Inc. entrance on the right. Wyman Stokes Builder Agenda Item No, 16H3 Tina Matte, Coordinator May 25,2004 Gravina, Smith & Matte Page 3 of 4 Phone: (239) 275-5758 fu: (139) 27~SOl (OSI04104) -.. .- -- NAY-1~-2~~~~I 04:49 PN GRAVINA. SMITH & MATTE F AX NO. 239 275 6501 P. 01 "- SOUTHWEST FLORIDA Post-It" Fax Note 7671 .- TRANSPORTATION INITIATIVE To TYT~ r- A:noli, Sar-ber " Bnnu.e Co.lDept. Aim E.~ineerlnE It, S.n'eyllllo lae. Phone' Ajaz PavlnglDllu.oies INVOICE AUCO. Iltc. Fax . AL}.1i:TE 1"I'op..-tles lllc, Arthar RAte.b.... HDtMI Ave Marla Vlllvtrtit)' Barnea " Auoctaua, lae. lI...rotI CoIIU1r Compan)' BBL - Florida, t......c INVOICE # 40601114 n. lknlta llay GtoUP DATE: May 14,2004 Bonita SprillP OIamber or Colllmerce 80llita Sprillp -Ister. i\5IOCiadon of Rallo" C'Rla BOllM. RECEIVED Cllamber .r Co_ree of Cape Coral Tlae ChalUbcr or Soutlno,c&t Florida TO: Commissioner Frank Halas MAY 1 7 2004 a.anone COPt)' Alrporc IoUthorlty CoUter County CODlmission Cbarlotta Codt)' C...mbu of ColIHIICr'ft Char10Ue County Omct of Itconoanle 3301 E. Tamlaml Trail Board of County Comm1SSfoners Dev.lopmellC Naples, FL 34112 Citizen RiCh....)' I.itlatlve prvQram (CHIP) Collier Blllklinl: ladllltry AIIIoclaClon CoUlor J:ntcrpri_ CotaDial Buk Commualt)' Encln-'al Servlc. Courttllt COlllpan,. I>C1 Ca_lIld.. David Plummer" Auodatn EartbMarir. Comp'Die& DESCRIPTION &:COIIG_~ pncloplftHlC CIMIDeil of CoUler CottI\C)' _ En;lewood..capc Haze Area Chamber.r Comnwn:& ERero Olam!Mr or CotnmercB SWFrI Post-Session Legislative Forum $35.00 Florida Gulf Coan VlIl\'enIcy Crt*ttr Fort M)oera ClIalllbcr or COfIImcrce Inc. Crt*ur Napl- Claamber of Commerce Please make check payable to SWFI'I. Clair CltJ'U. Growe" A..odadoll tlNTB Corporatiol Thank you. HarbollrsilSe Cuuom J(omct Heidt" A.aoclatea, la.. RcndenaD, Praaklla, Staraes " Holt, P.A. Hole Mutes, IllCo HOrlzo" Co.ac" of L- Count)' TOTAL DUE: 535.00 JollUOll ED,h1eeriJIl KInIOn B_ LaDdon Dndopmnc Corpontlon Lee Baildlllladuatry Asaocladon The Llll1lert Compaala !ton W. Melnlo.1I Metro T....lIpOIUdon Croup, Ine. Mlromar Develop_nt Napl.. A.... Board of l\ealcor. ParsolUl Brincurllof'f hlta 80_ CorperaCloa Rultor MIOc\.1ioD of G....ter 'ort M,.en and CIte 8eacb" Ine. Please remit payment to: Tllo RDllta Grollp SImon Proptn)' Grollp 501ltll...... Florida ~onal Southwest Florida Transportation Initiative Plan 011' Cou.eil SunTnllt - CllarlatEa ColUlt)' do Gravina, Smith & Matte u.s. Home Corp. 1520 Royal Palm Square Blvd., Suite 160 V'Dun" DayllN' WCI CO_DDil1t1 Fort Myers, Florida 33919 WaI-Mart Stare- Eaat, LP WaUu. Homes - wiI.ooMlUcr, III&:. Wyman SeoUl Builder Agenda Item No. 16H3 Tlua Mauc, Coorlllnator May 25.2004 Gravllla, SmldI " Malle Page 4 of 4 PhOlle; (U9) 275475t ...__. ""0\ .,...~cIIl ,_IA4\ -..-...- "'''M,,~_ -.-"...- -.-...~_...~.........~. o.".,....._.~,__""...."...~_~'..... _. 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: Frank Halas FUNCTIONIEVENT: Gulf Citrus Growers Association Annual Meeting PUBLIC PURPOSE: Interact with members of citrus industrty in the Southwest Florida ,- area. DATE OF FUNCTIONIEVENT: June 2, 2004 FISCAL Il\1P ACf: $36,00 Funds to be paid from Commissioner's travel budget. RECOMMENDA TION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Frank. Halas to attend function serving a valid public purpose. SUBMITTED BY: Date: Trisha McPherson, Executive Aide to BCC APPROVED BY: Date: Sue Filson, Executive Manager to BCC ,-~ Agenda Item No. 16H4 May 25. 2004 Page 1 of 3 --- ,..-. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16H4 Item Summary Commissioner Halas request for Board approval for payment to attend function serving a valid public purpose. Attend Gulf Citrus Growers Association Annual Meeting and luncheon; $36.00 to be paid from Commissioner Halas' travel budget. Meeting Date 5/25/2004 9:00:00 AM Prepared By Trisha McPherson Executive Aide to the BCC Board of County BCC Office Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office Commissioners 5/14/200411:18 AM Approved By James V, Mudd County Manager Date Board of County County Manager's Office Commissioners 5/14/20044:04 PM - Agenda Item No. 16H4 May 25, 2004 Page 2 of 3 .._- _. -- .----.- r ..-. --- " .--- .--- Post Office Box 1319 LaBelle, Florida 33975 Phone: 863-675-2180 Fax: 863-675-8087 fA@)[!i~IAt REC'D CQPY May 3, 2004 DF H TH FC J( Honorable Frank Halas /1) Collier Co. Commissioner C - 3301 E. Tamiami Trail Naples 34112 Dear Honorable Halas: You are cordially invited to be our guest at the 18th Annual Meeting of the Gulf Citrus Growers Association, scheduled for Wednesday, June 2, 2004, at the Sanibel Harbour Resort, Ft. Myers, The luncheon meeting will begin promptly at II :45 AM. While there is no doubt that, the issues facing our industry have never been more numerous or complex, it is also true that the citrus growers of the Gulf production region have shown a remarkable ability to rise to the challenge. Throughout the past year, we have continued our battle against citrus canker and fought for increased eradication funding. We have made known our concerns over trade negotiations and tariff reductions that could severely impact our industry, We have monitored the many growth management, water and environmental issues that are unique to southwest Florida, In addition, we have continued to build positive working relationships with county and regional government agencies, with our urban neighbors and with the media who cover our region. Please RSVP by May 24, 2004, by returning the enclosed card or calling (863) 675-2180, We look . _. forward to having you join us! Sincerely, 7-~~ . Ron Hamel q . Executive Vice President and General Manager ~~~VJ Enclosures $ &.00 _ p~ 'NV-.t-l~. Agenda Item No. 16H4 May 25, 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: Frank Halas FUNCTIONIEVENT: Ed Perico's retirement party PUBLIC PURPOSE: Interact with and support county employees. ,.- DATE OF FUNCTIONIEVENT: June 5, 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 Frank Halas to attend function serving a valid public purpose. SUBMITTED BY: Date: Trisha McPherson, Executive Aide to BCC APPROVED BY: Date: Sue Filson, Executive Manager to BCC -- Agenda Item No, 16H5 May 25, 2004 Page 1 of 3 "- .~..,.~ ",-".,"'-'~""'. .....",,"""~'.'H'W"'."..'.......v, ,,,..., .....-..._"""'...._,,.,"",...,."'.).;0,."'0...' -"'-,.....---." <,- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16H5 Item Summary Commissioner Halas request for Board approval for payment to attend function serving a valid public purpose, Attend Ed Perico's retirement party; $35.00 to be paid from Commissioner Halas' travel budget. Meeting Date 5/25/2004 9:00:00 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 5/14/200411 :19 AM Commissioners Approved By James V, Mudd County Manager Date Board of County County Manager's Office Commissioners 5/14/2004 4:06 PM - ._0 Agenda Item No. 16H5 May 25,2004 Page 2 of 3 --,.- ., . _.~<_.. '" -.-.... ._--~--- _._-~... ,..~_.- . ~ , I ! .. .!! I o ." .. 1) 1>>.. ! CD I: I>> fI\ .1: l!.. 0 a 0 q: ~ m . m C .. I:: .- .A 1: .. loi: " E::I I. · 0-- = A:-: ..lilll ENE ::I -..... ~.I: .. .. aI .0 C ~ I- O......f o 0 ca 't!!t ... .. ~ Go .. u CJ. ~ U. 011 U N;:.C.I::a..:Ear: i :.8 I :8 Iii ~ .~ a. I:EC M~ .... -a :la-II: .8 · ..:l1D 1&1 .., ca.........., -= .. 0 .- . 11)- . -- .. c: 0 ftI ... C") II: ... ,.-a 8 . .... 1::.. 1:. w -- == .... .I: ..... - =- .- II' >-::1 ~ I i is -aCS-=;a ~.~ ...- Eli... U" .. c: III .. _- Q-ca eOE-:; as .. .I: &I: I. '5 Ai. A. - 1:: . -->. .. & -c-a c ~ CD .. I'" E c" s ! ~. I ~ __ ",)Iii .. 0 I. S ~ ~ ~ ... .. I . ~ ~ I .. U u _ y..' _" 0 L Agenda Item No. 16H5 ~-. .. r-.' May 25,2004 ., Page 3 of 3 J , ~"."::.r"~'j-l;:...~ ~ ..,.~.jIft>' ".,...,," BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS ,CORRESPONDENCE May 25, 2004 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for January 31, 2004 through February 6, 2004, 2. Disbursements for February 7 , 2004 through February 13, 2004 3. Disbursements for February 14,2004 through February 20,2004, 4. Disbursements for February 21, 2004 through February 27, 2004. 5. Disbursements for February 28, 2004 through March 5, 2004, 6. Disbursements for March 6, 2004 through March 12, 2004, 7. Disbursements for March 13, 2004 through March 19, 2004, 8. Disbursements for March 20, 2004 through March 26. 2004. ....''''...~ 9. Disbursements for March 27 , 2004 through April 2. 2004, 10, Disbursements for April 3, 2004 through April 9. 2004. 11. Disbursements for April10, 2004 through April 16, 2004. 12, Disbursements for April 17 , 2004 through April 23. 2004. 13, Disbursements for April 24. 2004 through April 30, 2004, ...-, Agenda Item No. 1611 May 25, 2004 Page 1 of 3 H:DataIFormat ""''',.,'''''''-,'.._.....,...~''.,.,,~ ...'"....."._,"'-,-_...~._. .,. .-,..-,....-- B. Minutes: 1. Environmental Advisory Council- Agenda for May 5, 2004; Minutes of April 7, 2004 2. Collier County Planning Commission - Agenda for May 6, 2004; Minutes of April 1, 2004. 3. Community Character/Smart Growth Advisory Committee - Agenda for January 14,2004, February 25, 2004, March 10,2004, March 26,2004 and April 7,2004. Minutes for January 14,2004, February 25, 2004, March 10, 2004, March 26, 2004 and April 7, 2004. 4. lmmokalee Beautification M.S.T,U. Advisory Committee - Agenda for May 19,2004, Minutes of April 21, 2004 5. Radio Road Beautification M.S,T.U. - Agenda for May 18,2004 and June 10, 2004; Minutes of April 20, 2004. 6. Forest Lakes Roadway and Drainage M,S,T,U. - Agenda for Special Meeting May 5, 2004; Minutes of April 8, 2004. 7. Pelican Bay Services Division - Agenda for May 5, 2004. Clam Bay Sub- Committee Reports and Budget Sub Committee Reports; Proposed Budget _. Fiscal Year 2005. a) Clam Bay Sub-Committee - Agenda for April 28, 2004; Minutes of March 3,2004 8, Bayshore Beautification M,S.T,U. -_ Agenda for May 12,2004; Minutes of April 14, 2004. 9. Development Services Advisory Sub-Committee - Budget and Operations Agenda for April 14, 2004; March 10,2004. 10. Vanderbilt Beach M,S,T.U, - Agenda for May 6, 2004; Minutes of April 1, 2004. 11. Collier County Hispanic Affairs Advisory Board - Agenda for January 22, 2004; February 26, 2004; Minutes of January 22, 2004 and February 26, 2004. 12. Collier County Hispanic Affairs Advisory Board ioint meeting with Black Affairs Advisory Board - Minutes of August 28, 2003 and Minutes of June 26, 2004, Voting Conflict for County, Municipal and Other Local Public Officers filed by Carlos A viles. 13. Productivity Committee Meeting - Minutes of March 17, 2004 _. Agenda Item No, 1611 May 25, 2004 Page 2 of 3 H:Data/Format .- "-, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 1611 Item Summary Miscellaneous items to file for record with action as directed. Meeting Date 5/25/2004 9:00:00 AM Prepared By Kathleen Martinson Administrative Aide to BCC Board of County BCC Office Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office Commissioners 5/14/20048:31 AM Approved By ~ "'- James V, Mudd County Manager Date Board of County County Manager's Office Commissioners 5/14/2004 11 :33 AM ,- Agenda Item No. 1611 May 25,2004 Page 3 of 3 ,~'"..."~ -..,. -,-" 'H~_ . . . . .- "'......- EXECUTIVE SUMMARY Recommendations to approve a resolution between the Board of County Commissioners and Sprint Telephone Company of Florida. OBJECTIVE: To gain Board of County Commissioners approval of the attached Resolution between the Board of County Commissioners and Sprint Telephone Company of Florida, for continuing the existing E-911 system. CONSIDERA TIONS: To provide an enhanced "911" emergency telephone system for the citizens of Collier County. 1. A Resolution to be executed by the Board of County Commissioners to allow Sprint Telephone Company of Florida to collect a fee at $ .50 per month per access line to fund the cost of maintaining the enhanced "911" system, from September 30, 2004 to September 30, 2005. 2. The Board of County Commissioners authorizes the Sprint Telephone Company of Florida to deduct an administrative fee equal to 1 % of the monies collected for the enhanced "911" emergency telephone system. - FISCAL IMPACT: The cost of funding this system will be paid by the subscribers. No ad valorem tax dollars will be expended. The fee for FY 03-04 was $ .50. There is no increase in the fee. Any reserves will be accumulated according to Statute (199-919010- 991000-00000). GROWTH MANAGEMENT IMPACT: The subscribers will pay for the system, RECOMMENDATIONS: That the Board of County Commissioners authorizes the Chairman to execute the Resolution. See attachment for Resolution. Agenda Item No. 16J1 May 25, 2004 Page 1 of 3 ,~.w.,_ -"-'---'-'--"'.". --.-.--,.-. ,.,' ."'''''''''''''__.1_._~~_'''''' COLLIER COUNTY ,-", BOARD OF COUNTY COMMISSIONERS Item Number 16J1 Item Summary Recommendation to approve a resolution between the Board of County Commissioners and Sprint Telephone Company of Florida. Meeting Date 5/25/2004 9:00:00 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/17/200410:26 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 5/17/20047:35 PM Commissioners ,,- -, Agenda Item No. 16J1 May 25, 2004 Page 2 of 3 _'__'M_" -,^.-. ..._.<,....-....,-~_.. -._-- ~._,.,,- ,.....__.._--~_..-.._._..._..~._.- ----- . ~ RESOLUTION NO. 2004- _ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY. FLORIDA. PROVIDING FOR THE IMPOSITION AND COLLECTION OF A LOCAL OPTION FEE FOR PROVISION OF ENHANCED EMERGENCY "911 H TELEPHONE SERVICE AND EQUIPMENT WHEREAS. Section 365.171 (13), Rorida Statutes, provides that a county may impose a fee for charges for '911' service and equipment to be paid by local exchange subscribers on an individual exchange basis at a rate not to exceed fifty cents ($.50) per month per access line; and WHEREAS, The Board of County Commissioners of Collier County, Florida, deems It appropriate and in furtherance of public health, safety and welfare to access a fee for the enhanced '911' telephone service availability in Collier County. NOW, THEREFORE, BE IT RESOL "-ED BYTHE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that 1. Pursuant to Section 365.171(13), Rorida Statutes, there is hereby imposed against local exchange subscribers a local option fee for the provision of enhance '911. emergency telephone service and equipment in Collier County. This fee shall be adjusted annually to cover allowable expenses as described in Section 365.171 (13(a)(6), Florida Statutes. For the period of September 30, 2004 through September 30, 2005, the fee will be $ .50 cents per month per subscriber per access line. 2. The County requests that the telephone cornpany (exchange telephone service provider) providing enhanced '911' service and equipment to Collier County collect from its subscribers within Collier County, the local option fee assessed by this Resolution and remit those fees to Collier County. 3. Said telephone company, pursuant to Section 365,171 (13)(c), Rorida StaMes, may retain as an administrative fee an amount of one percent (1 %) of the total '911" fees actually collected by said telephone company. 4. Money in reserve is being carried forward to provide for capital improvements listed in Section 365.171 (13)(a)(3), Florida StaMes. Additional money from fiscal year 2004 revenues to be added to the total reserves shall not exceed ten percent (10%) of such fees billed for the 2003 fiscal year, The cumulative reserves are to pay for projected expansion and replacement 01 E911 equipment and service features described in Section 365.171 (a)(13)(6), Florida Statutes. All carry forward reserves shall be administered in accordanca with Subsection 365.171 (13), Florida Statutes. This Resolution adopted on the day of , 2004, after motion, second and majority vote for adoption. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA. BY: BY: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: ~ Thomas C. Palmer, Assistant County Attorney Agenda Item No. 16J1 May 25. 2004 Page 3 of 3 .-.. . ...- "A"-'" EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS ENDORSE THE CLERK OF THE CIRCUIT COURT'S OFFICE GRANT APPLICATION FOR THE STATE OF FLORIDA DEPARTMENT OF LAW ENFORCEMENT EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW I ENFORCEMENT ASSISTANCE FORMULA GRANT PROGRAM. I I OBJECTIVE: To obtain the Collier County Board of County Commissioner endorsement of the Clerk of the Circuit Court's Office grant application for funding from the Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. The grant is for the development of a criminal information system that will accept, process, export, and report FDLE electronic information on a daily basis including critical biometric identification (fingerprint) . CONSIDERATION: The specific problem to be addressed through the use of these grant funds is the current inability of the Clerk's Criminal Justice Information System (CnS) to accept, process, export, and report FDLE electronic information on a daily basis including critical biometric identification (fingerprint information). .....-.,~ The Clerk is presently engaged in the installation of a Case Maintenance/ Management system replacing the existing criminal segment established in 1985. Without modification, the system will not be able to meet the projected goals for frequency of reporting (daily), expansion of data interfaces (fingerprint identification), and the provision of reports to the numerous local, state, and federal criminal justice agencies, users, and the courts. The changes in Federal law, specifically the Brady Crime Control Act, the National Child Protection Act, and the Violent Crime Control Act, coupled with reporting requirements of the Florida Department of Law Enforcement (FDLE), the Office of the State Court Administrator (OSCA), and the needs of other Collier County criminal justice users have brought the Clerk's cns to a crisis point in which expansion and modifications are required to communicate critical case information in a timely fashion. The Collier County Clerk of Court continues to improve the rate of dispositions on file at FDLE. It is also anticipated that this project will allow FDLE to match disposition data submitted to arrests in the Computerized Criminal History system in a more efficient manner. FISCAL IMPACT: The total funding being requested is $162,510. Seventy percent, or $113,757 is being sought by the grant with a local match of thirty percent or $48,753, The local matching funds will be provided via the Public Records Modernization Trust Fund, which is the responsibility of the Clerk of the Circuit Court. There is no fiscal ,- impact to any funds of the Board of County Commissioners. Agenda Item No. 16J2 May 25, 2004 1 of 30 .".,,,...,"............... ~.,,,<>..._.,,,..,.., .--. GROWTH IMPACT: None RECOMMENDATION: That the Board of County Commissioners endorse the . aforementioned grant application. ---- -- -------- -.---- - . -- . - .--.- ---- -. -- Prepared By: Date: 5;;~~{ L. Mitchell, CIA, CFE, CBA . J Director of Finance and Accounting RevieWedBy:Jjt/'~ ~ Date: ~ktf/t;f- . J. Walter Cross Executive Assistant ,,-... . ~ f"\ rjy;;t( .,.,-... Agenda Item No. 16J2 May 25, 2004 2 of 30 , "_ ___,~___"~"""'"~,''H,,,..,",,''''_M'"''''' ". -- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16J2 Item Summary Recommend that the Board of County Commissioners endorse the Clerk of the Circuit Court's Office Grant Application for the State of Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. Meeting Date 5/25/2004 9:00:00 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/18/20048:21 AM Approved By James V, Mudd County Manager Date Board of County County Manager's Office Commissioners 5/18/2004 5:23 PM .- _. Agenda Item No. 16J2 May 25, 2004 3 of 30 --"~ &_-,,-- --_."-~, IOi<I .. Application for Funding Assistance Florida Department of Law Enforcement Edward B rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram Please read instructi.ons before completing this application. . The term "Department", unless otherwise stated, refers to the Department of Law Enforcement. . The term "OCJG" refers to the OffIce of Criminal Justice Grants. . The t8fTT1 ~subgrant recipient" or.subgrantee" refers to the goveming body of a city, county, state agency, or an Indian Tribe that performs criminal justice functions as determined by the U,S. Secretary of the Interior, . The term "Implementing agency" is a subordinate agency of a city, county, state agency, or Indian Tribe, or an agency under the direction of an elected official (for example, Sheriff or Clerk of the Court), It may also be an entity eligible to be a subgrantee (ex. City of Live Oak) . Instructions are incorporated in this document by reference, A. Subgrant Data 1. This section to be completed by Subgrantee 2. This section to be completed bv OCJG Continuation of Previous Subgrant? 0 Yes I:E:I No Project 10 # I Program Area #: I CFDA fI!: 16,579 If Yes, enter CJ Contract # of Previous Subgrant SFY 2004 CJ Contract # SFY 2005 CJ Contract fI! 2~-CJ-__-__-__-__-___ 2005. CJ. __ - __ - __ - __ -___ B. ADpllcant Information 1. Subgrant ReclDlent (Subgrantee) Name of Subgrant Recipient (Unit of Govemment): Collier County Board of County . County Commissioners Collier Name of Chief Elected Official' State Agency Head: Donna Fiala Title: Chairperson Address: 3301 Tamlaml Trail East, Building F Area Code , Phone # (239) 774-8097 City, County, State, Zip Code: Naples, Florida 34112 SUNCOM fI! E-mail Address: Donna.Flala@colllergov,net Area Code' Fax # (239) 774-3602 2. Chief Financial OffIcer of Subarant Recipient (Subgrantee) Name of Chief Financial Officer: Dwight E. Brock County Collier Title: Clerk of the Circuit Court Address: 3301 Tamlaml Trail East, Building L Area Code' Phone # (239) 774-2745 City, County, State, Zip Code: Naples, Florida 34112 SUNCOM # E-mail Address: DwlghlBrock@clerk.colller,f1,us Area Code I Fax # (239\ 775-2755 3. ImplementIng Agency Name of Implementing Agency:. Clerk of the Circuit Court, Collier County, Florida County Name of Chief Executive Official' State Agency Head' Subgrantee representative Collier (if a subordinate agency of the subgrant recipient): Dwight E. Brock Title: Clerk of the Circuit Court Address: 3301 Tamlaml Trail East, Building L Area Code' Phone # (239\ 732-2745 City, County, State, Zip Code: Naples, Florida 34112 SUNCOM # E-mail Address: Dwlght.Brock@clerk.colller,f1.us Area Code I Fax # (239\ 775-2755 FaLE B me Fonnul. Grant A Rule 110-9.006 - ,_......, Application for Funding Assistance - Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram 4. Prolect Director Name of Project Director: Robert Gazdowlcz County (Implementing Agency Employee) CoJlJer Title: Assistant Director of Management Information Services Address: 3301 Tamlaml Trail East. Building F Area Code I Phone # (239) 774-8822 City, County, State, Zip Code: Naples, Florida 34112 SUNCOM # E-mail Address: R.W_GazdowlCZ@elerk,eoJlJer.f1.us Area Code I Fax # 5. Contact Person (239) 774-8347 Name of Contact Person: (if other than Project Director) County Title: Jane McDonald Address: Same above Area Code I Phone # 239-n4-8340 City, County, State, Zip Code: SUNCOM # . E-mail Address:Jane,McDonald@Clerk,Collier.Fl.US Area Code I Fax # 6. Person ResDonslble For Flnanelal ReDortlna (If known) ,....- Name: Jim Mltehell County Collier Title: Director of Finance Address: 2671 Airport Road South, Court Plaza III Area Code I Phone # (239) 774-8n2 City, County, State, Zip Code: Naples, Florida 34112 SUNCOM # E-mail Address: Jlm.Mltchell@clerk.eoJlJer,ft.us Area Code I Fax # 7. Person Resoonslble For ProarammatJe Perfonnanee Reoortlna Ilf knownl (239) 774-6179 Name: Robert Gazdowlcz County Collier Title: Assistant Director of Management Inlonnatlon Services Address: 3301 Tamlaml Trail East. Building F Area Code I Phone # (239) 774-8822 City, County, State. Zip Code: Naples, Florida 34112 SUNCOM t# E-mail Addres$: R.W_GazdowlCZ@elerk.colller.fl.us Area Code I Fax # 8. ServIce Provider Contaet Person (239) 774-8347 Name: Unknown - Competitive Bid County Title: Address: Area Code I Phone # City, County, State, Zip Code: SUNCOM # - E-mail Address: Area Code I Fax # FDLE B . Formut. Gnmt A Rule 11D-9.006 - ---~ -...- -- Application for Funding Assistance Florida Department of Law Enforcement Edward B rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram C. Administrative Data 1. Project Title: Automated Criminal Information Intake System 2. Identify th~ year of the project (I, II, III, etc.) Ye~r I 3. Project period I Start: October 1, 2004 I End: September 30. 2005 D, Fiscal Data Remit Warrant to: (This may only be either the individual listed in 82 (Subgrantee CFO) or a designee in their office. If 82 is selected do not reenter the contact information. This is onlv needed for designee. 82 OR DESIGNEE Name: Collier Clerk of the Circuit Court Address: Finance & Accounting Department 2671 Airport Road South City, State, Zip: Naples, Florida 34112 Phone Number: (239) 732-2745 . 2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer Droaram? (Reimbursement cannot be remitted to any entity other than the subgrantee,) Yes X No . 3. Frequency of Fiscal Reporting: Monthly_ Quarterly L 4. Subgrant Recipient FEID #: 59-6000558 5. State Agency SAMAS #: Not AoDllcable 6. Project Generated Income (PGI): Will the project earn PGI? (See Section G, Item 9.) Yes_ No-L 7. Cash Advance: Will you request an advance? Yes - Amount No L If yes, a letter of request must be submitted with the application or prior to submission of the first claim for reimbursement. Amount requested must be justified and accepted by FDLE. FDLEB e Fonnufa Grant A Rule 110-9.006 - ",.~" ,-..",""'.....,..,.,. "'-,"- Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program E. Project Narrative 1. Problem Identification: Briefly describe a specific problem to be addressed with subgrant funds in terms of Problem Description, Problem Significance and Needs Assessment, as described in the application instructions. Continue narrative on a second page if necessary. Do not exceed two pages. Use a readable size font, oer instructions. Problem Identification: The specific problem to be addressed through the use of these grant funds is the current inability of the Clerk's Criminal Justice Information System (CJIS) to accept, process, export, and report FDLE electronic Information on a daily basis including critical biometric Identification (fingerprint Information). The Clerk is presently engaged in the installation of a Case Maintenancel Management system replacing the existing criminal segment established in 1985. Without modification, the system will not be able to meet the projected goals for frequency of reporting (daily), expansion of data interfaces (fingerprint ,- identification), and the provision of reports to the numerous local, state, and federal criminal justice agencies, users, and the courts. The changes in Federal law, specifically the Brady Crime Control Act, the National Child Protection Act, and the Violent Crime Control Act, coupled with reporting requirements of the Florida Department of Law Enforcement (FDLE), the Office of the State Court Administrator (OSCA), and the needs of other Collier County criminal justice users have brought the Clerk's CJIS to a crisis point In which expansion and modifications are required to communicate critical case information in a timely fashion. The Collier County Clerk of Court continues to Improve the rate of dispositions on file at FDLE. It Is also anticipated that this project will allow FDLE to match disposition data submitted to arrests In the Computerized Criminal History system in a more efficient manner. - FaLES . Fonnu/e Grant Rule 110-9.006 - -.'--- ..- ------.--.-..----.-- , Application for Funding Assistance Florida Department of Law Enforcement Edward B ne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram 2. Project Description: -Briefly describe proposed project activities. Refer to Appendix II, Part 1, Pages 1-3 for a description of eligible project areas), You should include project goals, administration, enhancement/expansion, staff, service providers, clients or other participants, equipment, location, and expected project results, as described in the application instructions This section should address the basic points of who, what, when, where, and how. Continue on additional a es if necessa ; do not exceed three a es. Project DescriDtion: The Office of the Clerk of the Circuit Court Is that of a fee-based. independently elected Constitutional Officer. Within the Clerk's organization Is a Management Infonnation Services (MIS) division with 27 full time computer programmers. technicians and management personnel. MIS provides a full range of programming. security, systems. and maintenance services and support for the Clerk's Office and several other governmental units. Grant funds will be used by the Clerk of Courts MIS Department to contract for software development services using the Clerk's standard competitive bid policies and procedures. The Clerk's MIS staff will work with FDLE and other government units to develop a program which will assure the integrity of collected data, decrease the amount of input resources through fully automated processes, and decrease reporting times by implementing daily data transfers. This will achieve the required goals of enhanced data integrity, expanded reporting ability, and timely infonnation access, meeting the requested reporting levels and time frames. In providing enhanced accuracy of data related to felony and misdemeanor cases, and Increasing the frequency reporting of all such data to the Florida Department of Law Enforcement and the Office of the State Court Administrator to a dally. and/or ultimately to a "real time" reporting basis, this program will provide assistance to countywide and statewide efforts to prevent and reduce violent criminal acts. - Proiect Goals . Goal 1 -- The proceeds of this grant will be used to fund the development of an automated criminal information intake facility. This facility will give the Clerk's Crimlnallnfonnation System the ability to accept infonnation electronically. The facility will be based on industry standard networks and tools such as TCP/IP, ODSC and XML. There is only one phase to this project. Agenda It mt o. 1 J2 FDLEB e Fonnula Grant A {feat/on Packa Rule 110-9.006 - "'"''' ......--,..----...,.".,.- -.."',,,_' --., ."~'"" _. Application for Funding Assistance "~- Florida Department of law Enforcement Edward Bvrne Memorial State and local Law Enforcement Assistance Formula Grant Program . Goal 2 - The proceeds of this grant will also fund the development of an Information exchange capability between FDLE and the Circuit Clerk. This facility will allow the transmission of blometrlc data (fingerprints) and receipt of Identification (OBTS number, etc.) of the person who Is about to appear In Court. There are two phases to this goal. The first phase Is to be able to perform the functions without the direct use of AFIS or Live Scan tools. The second phase (not part of this grant) will be to enable the use of live AFIS tools. Industry standards and protocols defined by NITS such as EFTS, TCP/IP, XML and ODBC will be used as appropriate. . Goal 3 - This grant will be used to develop the tools that enable the Clerk to submit criminal Information to FDLE more frequently than it is currently done (monthly). It Is expected that this can be done multiple times per week, with the eventual goal being dally submissions. Lona Ranae Goals . A long-term goal for this project Is to install an Automated Fingerprint Identification System with fingerprinting in each Collier County Courtroom. The capability is a long-term goal for FDLE. Funds are NOT being requested under this Fiscal Year Grant for an AFIS facility. .',-" APplicable Bvrne aoals . Number 9 - Participate in System Integration Plans. The Clerk's MIS department will work with FDLE to greatly Increase the amount of information transferred electronically between the Clerk and FDLE. . Number 3 - Automate Records. This project will greatly Increase the level of automation and the electronic transfer of data between the Clerk and FDLE. . Number 7 - Automate Fingerprint Identification Cards. This project will lay the foundation for being able to electronically manage the submission of fingerprints to FDLE. In the short term, fingerprint cards can be submitted on a timely basis for individuals who have not previously been fingerprinted. Proaram Administration . The program shall be administered through the offices of Dwight E. Brock, Clerk of the Courts, Collier County, Florida. Services Provided _. . The Circuit Clerk will be able to accept criminal Intake Information electronically and populate the Clerk's CJIS with the data received from FDLE. POLE B me Formul. G,..nt A Agenda It Rule 110-9.006 - ...~...... .,,'" ........-"*""'"'.'..' ....."-'.. =,. ..- ~~''''-'--'---~- Application for Funding Assistance Florida Department of Law Enforcement Edward B ne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram . The Clerk's CJIS system wiU be able to transmit real time messages containing fingerprint cards to FDLE. These messages will announce Individuals about to enter criminal court proceedings and will receive identification, including OeTS number from FDLE. . Regularly scheduled submissions of criminal data to FDLE will be increased in frequency. Proiect Results . The Clerk and FDLE will have designed, developed, tested and Implemented several system integration elements. . The Clerk will be able to send FDLE on a "real time" basis, court Infonnation that they need to know. Other data can be supplied daily. . . Automation of fingerprint identification cards will be accomplished by sending digital images of fingerprint cards directly to FDLE, and the court receiving verification of a person's Identity. Eventually, not as part of this grant, Identification will be accomplished with AFIS equipment on-line. . The modified system will have the ability to handle Juvenile data transmission in the standard OBTS fonnat. Participation . The Collier County Circuit Clerk will design and develop the facilities and, with FDLE, perfonn comprehensive tests of the facilities developed under the grant. By awarding all or part of the grant request, FDLE Is indicating their commitment to working with the Clerk. FDLE 8 e Formul. Grant A Rule 110-9.006 - Application for Funding Assistance - Florida Oepartment of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 3. Proaram Obiectives .and Performance Measures: Up to three types of objectives may be included in this section of your subgrant application, i.e., Uniform Objectives, Project-Specific Objectives and Self-Generated Objectives. If you are proposing a project in one of the Authorized Program Areas with no Uniform Objectives, contact FDLE, OffICe of Criminal Justtce Grants, at (850) 410- 8700 for further uidance. Continue on a second a e if necessa a. List the number and title of the Program Area to be addressed. Refer to Appendix II, Part II, for a listing of authorized program areas. (Select only 1 Program Area) (#) 15C - Criminal Justice Record Improvement b. List Uniform Objectives first, followed by any other appropriate objectives you may wish to address. If additional objectives are included" please identify whether they are Project Specific or Self-Generated Objectives. Uniform and Project Specific Objectives form the basis for collection of data and quarterly performance reporting. -"''-' Uniform Obiectives (Mandatory, copy as worded for the program area addressed and include all appropriate questions. Include Objectives from only 1 program area, Objectives from a different program area could be included as Project Specific Objectives). 15C.01 Conduct an analysis of the data elements necessary to support the operational and administration Information requirements of the agency as evidenced by the development of a data dictionary. 15C.02 Identify reports necessary to support operational and administrative Information requirements evidenced by the development of report forms. 15C.03 Establish a time schedule of activities for phased implementation of the system evidenced by a written plan of action that Identifies the tasks and staff responsible for those accomplishments. 15C.04 Automate a case management Information and offender- based transaction system as evidenced by documentation of - the system's hardware, software and operation policies. FaLES . Fonnul. annt Rule 110-9.006 - --~-" .... ~- Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4, Activity ImDlementation Schedule. Complete the Activity Implementation Schedule showing when activities in the Program Description will commence and how the project will progress. This chart benchmarks planned activities, both administrative and programmatic, An "x:' has been inserted for reports with mandatory due dates for all projects, Place an addition~1 "X" to indicate times applicable to your project. as illustrated for quarterly program reports. Make a detailed listing of key activities under the heading "Programmatic Activities." Your Quarterly Performance Reoorts will be reviewed aaainst this schedule, Subgrant Period (October 1, 2004 - September 30, 2005) Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar Apr Mav Jun Jul AUQ SeD Submit Financial Reimbursement X X X X X X X X X X X X Requests Submit Financial Ooseout Package X 2005 . Submit Quarterly Program Reports X X X X Submit Quarterly PGI Reports (If applicable) Programmatic Activities (Continue on a second page if necessary.) Be sure to include activities mentioned in the Project Description ACTIVITY Oct Nov Dee Jan Feb Mar Apr May Jun Jut Aug Sep Evaluate Existing Software X Develop Requirements wI FDLE X Competitive Bid Process X Programming X Testing I Modifications X Documentation X Install Applications X Training X Final Implementation X FDLEB . Formula Grant A Rule 110-9.006 - --~""-"'.-"'" -. Application for Funding Assistance Florida Department of Law Enforcement _. Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program F. Project Budget 1. Budaet Schedule a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual SeNices. Expenses. Operating Capital Outlay, and Indirect Costs) and Total Project Costs. Total Local Match must be a minimum of 25% of the Total Budget. b, Enter the amount of federal, matching, and total funds by budget category that you will use to support project activities. Enter dollar amounts only in applicable categories based on totals from the Budget Narrative and leave others blank, Total Local Match must be a minimum of 25 percent of the Total Budget. c, Show all figures rounded to the next highest dollar; do not include cents, (Example $4,505.25 as $4,506), Type or Print Dollar Amounts Only In Applicable Categories and Leave Others Blank. Budget Category Federal Match Total . Salaries And Benefits - Contractual $113,757 $48,753 $162,510 Services Expenses Operating Capital Outlay ~i'~"~'~..~ i~~1&~' '. '. ~'it;t~ ....:f ,J Indirect Costs ',..;-".:t '~_" :~Ji"" ~~,r,,,. ::i!t~#ji'~l;~J~~~-r~: 1~~?i:~'~ /,...~~)f\ft:;i..,...t~~'~J,. "~1Il ~~"'~A1.'. '.. ...~-;;>i.,(::. ~i~.".~. '2",." {;..,.~ ",.,., ilf:..r'" ".' ,""~'';;'' ': .,'cr\,.' '.:\-' >""~.4.4'. '. t~ '.~h~'" ~;"~)~.,,' ~'t..--,l:.j '~:.-'!'.Ji.~'!;..~,...: .~.~t~-,"~!J.i' Totals $113,757 $48,753 $162,510 -. I FDLE Byrne Formula Grant AppllcaUon P.ckage Rule 110-9.006 - -----.'" .,-- '".~, '"u Application for Funding Assistance - Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program .. I . 2. Budaet Narrative , a, The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO), Indirect Costs), The Total Project Costs should be included, b. You must describe the line items for each applicable budget category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. Reimbursements will only be made for items clearly identified in the budget narrative. c. Costs must not be allocated or included as a cost to any other federally financed program. (Continue on additional paaes if necessary,) Please respond to the following five items before providing the details of the Budget Narrative, 1. Source of match must be cash and represent no less than twenty-five (25) percent of the project's cost. a. Identify your specific sources of matching funds. Public Records Modernization Trust Fund - This trust fund derives revenues from documents recorded In the public record and can only be utilized for legally authorized purposes Including the enhancements to access to public records. b, Is match available at the start of the grant period? YES c. If match will be provided from a source other than the subgrant recipient or the implementing agency, how will the match be tracked and verified? (The subgrantee is responsible for compliance.) Not Applicable 2, If Salaries and Benefits are included in the budget as Actual Costs br staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the initial )ear? Not Applicable No: If no, please explain. Yes: If yes, please list number and title of position and type of benefits. 3, Indicate the OCO threshold established by the SUbgrantee. $ Not Applicable Agenda Item No. 16J2 FDLE Byrne Fonnu'a G,.nt AppffcaUon Package M-.y .4l#iuQOOt4 Rule 110-9.006 Section ''1 4'~~O - OCJG - 005 (rev. Apnl ) ,-_... Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4, If Indirect Cost is inclu~ed in ~ur budget please indicate the basis br the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Not Applicable 5, If the budget includes services based on unit costs, be sure to provide a definition and cost for each service as part of the budget narrative for contractual services. Provide the following information. Not Applicable a. What is the basis for the unit costs? b. How recently was the basis established or updated? Budget Schedule Contractual Services Hours Rate Total 70% 30% Re9uest Match Consulting Services Goal 1 - Automated Intake 630 $90 $56,700 $39,690 $17,010 Goal 2 - lnfonnation Exchange 500 $90 $45,000 $31,500 $13,500 - Goal 3 - Rapid Reporting to FDLE 559 $90 $50,310 $35,217 $15,093 $152,010 $106,407 $45,603 Consultant Travel Transportation $1,000 Lodging and Meals $750 Per Trip $1,750 Estimate - at least six trips will $10,500 $7,350 $3,150 be required* *Relmbursement will confonn to State of Florida Policy Total all categories $162,510 $113,757 $48,753 .- Agenda Item No, 16J2 FDLE Byrne Formula Grant Application Pachge bfett .QiuCi)QQ4 Rule 110-9.006 Secffon 1/1 Ba0f 00 - OCJG - 005 (rev. April 2004) -+".-._-,- I i I i Application for Funding Assistance Florida Department of Law Enfprc:ement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram Budget Narrative: .. The only budget category used Is for Contractual Services. The costs sited represent hourly fees for Consulting Services provided by a vendor. Travel will be subject to the rules outlined in state travel policy. The services provided will be technical in nature and will Include systems analysis, design, development and testing of the proposed project. Funds for the Clerk's matching portion of the grant will come from the Clerk's general and special funds. The vendor that provides these services will be selected through the State approved competitive bidding process. All funds will be expended or obligated during the project time frame. . The vendor will be expected to submit data to FDLE and OSCA with an error rate of 4 percent or less. Budget Categories Salaries and Benefits-Not Applicable Contractual Services-The service being acquired will allow the Clerk to implement the proposed facilities within the time frame. The Clerk's development staff is already committed to other projects. The Contractual Services acquired will comply with all tenns and conditions of the grant and with all pertinent federal, state and local government policy. Expenses--Not Applicable Operating and Capital Outlay for Equipment-Not Applicable Indirect Costs-Not Applicable Agenda Item No, 16J2 FDLE Byrne Formula Grant Application Package Mfitt ~1I~lMi}4 Sec:tfon 111 &0f 00 - Rule 110.9.006 OCJG - 005 (rev. April 20(4) '" "",'..0'.",.., . .. >. ~ ..~,.."~ ~'.',""" ".,~~ ~.. ".... ~."...,"~~._~ . '" "0' -. . --- j Application for Funding Assistance ! Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram G. Conditions of Acceptance and Ag,:"ment Conditions of agreement requiring compliance by unJts of local government (subgrant recipients), implementing agencies and state agencles upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terma of conditions will become binding. Failure to comply with provisions of this agreement will result In required corrective action up to and including project costs being disallowed and tennlnatlon of the project. as specified In item 16 of this section. 1. All Subgrant Recipients must eomplywlth the financial and administrative requirements set forth In the current edition of the U.S. Department of Justice, OffIce of Justice Programs (OJP) Rnanc/al Guide and Byrne PrognJm Guidance Document as well as Florida laws and regulations Including the Florida Administrative Code Chapter 110-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Program. 2. Allowable Costs a, Allowance for costs Incurred under the subgrant shall be detennined according to the general principles of allowability and standards for selected cost items set forth In the OJP Financial Guide, V.S, Department of Justice Common Rule for State And Local Governments and federal OMS Circular A-87, ~Cost Principles for State. Local and Indian Tribal Govemments~. or OMS Circular A-21, ~Cost Principles for Educational Institutions~. b, All procedures employed in the use of federal funds for any procurement shall-be according to U.S. Department of Justice Common Rule for State and Local Govemments, or OMS Circular A-110 and Florida law to be eligible for reimbursement. 3. Reports - a. Project Performance Reports (1) Reporting Time Frames: The subgrant recipient shaU submit Quarterly Project Perfonnance Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period Is extended beyond the ~orlginal~ project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterfy Perfonnance Reports that are complete, accurate and timely may result in sanctions, as specified In Item 16 of Section G, perfonnance of Agreement Provisions. (2) Report Contents: Performance reports must include both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative, The narrative must reflect on accomplishments for the quarter, Incorporate specific Items specified for Inclusion in perfonnance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. b, Financial Reports (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial Claim Report to the OCJG. Monthly Financial Claim Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterfy Financial Claim Reports (1-3) are due thlrty-one (31) days after the end of the reporting period. In addition, If the subgrant award period Is extended, additional Financial Claim Reports shall be submitted. A final Financlal Claim Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the subgrant tennination period, Such claim shall be distinctly identified as "fInal-, (2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financlal Claim Report Fonns prescribed and provided by the Office of Criminal Justice Grants. A subgrant recipient shall submit either monthly or quarterly claims in order to report current project costs, Reports are to be submitted even when no reimbursement is being requested. - (3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. Agenda Item No. 16J2 FaLE Byrne Fonnul. Grant AppIlclltJon P.ck.ge IHtt ~QQ4 Rule 11D-9.oo6 Section "1'PSCJf 00 - OCJG - 005 (rev, April 2004) --.--.. -,-~..._"-,-,.," ,-",,"-'.- -- .-r>..-.__ -.--,0 ....__~__ ~ ca on for Fundi n9 Assistance . ..= .~~a pepartment of Law Enforcement Edward B me Memorial Slailatldtocallaw Enforcement Assistance Formula Grant Pro ram , ~ (4) Before the "fina~' &iJfi wjfI<be prOCessed. the subgrant recipient must submit to the Department all outstanding profiGt reporti'and must have satisfied all special conditions. Failure to comply with the above provlsloo$ &ball reSult in fOJfeiture of reimbursement ~ (5) The subgrant re~Mw~sh~submitauarterly Project Generated Income Reports to OCJG by February 1, May 1, Augu:tt c~.. and ynthin forty-five (45) days after Ule subgrant termination date covering subgrant projec\ ~~~e~t~a, income and expenditures during the previous quarter, (See Item 10, Program IncomJ.)" .,.' ."1, c. Other Reports ;;;- $: The subgrant recipient shall submit other reports as may be reasonably required by OCJG, . ~ l./'. 4. Fiscal Control and Fund Accounting Procedures a, The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by OCJG. ,_..-.- --..., b. All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide, U.S, Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-110, In their entirety. . c, All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. tar' 5. Payment Contingent on ~J)f'PpriatJon The State of Florida's performance and obligation to pay under this agreement Is contingent upon an annual appropriation by the Florida legislature, 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs Incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181(16)(b), Florida Statutes, the OJP Financial Guide, and the U,S. Department of Justice Common Rule for State andLocal Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department justifying the need for such funds, This request, including the justification, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursernentlJustification should address a 30/6019O-day need for cash based on the budgeted activities for the period. 8. Reimbursement Subject to Available funds The obligation of the State of Florida to reimburse subgrant recipients for Incurred costs Is subject to available federal Edward Byme Memorial State and Local Law Enforcement Assistance Formula Grant Program funds. 9. Travel and Training a. All travel reimbursement for out-of-state or out-of-grant-specified wor!< area shall be based upon written approval of the Department prior to commencement of actual travel. Subgrant recipients shall obtain written approval from the Department for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed In the approved budget Subgrant recipients shall obtain written approval from the Department for reimbursement of travel oosts for field bips that were not listed In the approved project description and budget. b. The cost of all travel shall be reimbursed according to local regulations. but not in excess of provisions In Section 112.061, Florida Statutes. c, All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes, FaLE Byrne Formul. Grant APPIlC~ ,1.-.. Agenda Item No, 16J2 May51101~ Section II'!-Bauf 80 Rule 110-9.006 OCJG - 005 (rev. April 2004) - ~,.' I -----.--. - Application for Funding Assistance <,"- Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Program 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). 11. APproval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day, Approval shall be based upon the contract's compliance with requirements found In the OJP Financial Guide, U.S, Department of Justice Common Rule for State and Local Governments, and In applicable state statutes. The Departmenfs approval of the subgrant recipient agreement does not consUMe approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property fumished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Fjnancial Guide, U.S. - Department of Justice Common Rule for State and Local Governments or the federal OMS Circular A-110. ---- This obligation continues as long as the subgrant recipient retains the property, nolwithstanding expiration -'---- of this agreement 13. Ownership of Data and Creative Material .- Ownership of material, discoveries, inventions, and results developed. produced, or discovered subordinate to this agreement Is governed by the terms of the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and Irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b, Arty rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Audit a. Subgrant recipients that expend $500,000 or more in a year In Federal awards shall have a single or program-specific audit conducted for that year, The audit shall be perfonned in accordance with the federal OMB Circular A-133 and other applicable federal law. The Contract for this agreement shall be identified in The Schedule of Federal Flnanclal Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10,550 and 10.600, Rules of the Florida Auditor General. b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall Include any management letters Issued separately and management's written response to all findings, both audit report and management letter findings, Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c, The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The - IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. Agenda Item No, 16J2 FDLE Byrne Formula Grant Application Package ffiHf f&c.lilG4 Rule 110-9.006 Section II Sa0f 00 - OCJG - 005 (rev. AprtI2004) ._..~ -_.. ~~ ....-- ._,-~ " -~ .-. -...,'.- Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program d. The subgrant recipient shall take appropriate corrective action within six (6) months of the Issue date of the audit report In Instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $300,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption- form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h, The completed audit report or notification of non-applicability should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road . Tallahassee, Florida 32308 16. Perfonnance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, tenninatlon, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of Its decision thirty (30) days in advance of the effective date of such sanction, The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 17. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request a revised project starting date, b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to OCJG, again explaining the reason for delay and request another revised project starting date. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other Department approved projects, The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement. 18, Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (Including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes Include, but are not limited to, acts of God or of the public enemy, acts of the govemment in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or Agenda Item No, 16J2 FaLE Byrne Formulll G11Int Appll~t1on Packa"e MeJ~(c~4 Section 1I~~m130 - Rule 110-9.006 OCJG - 005 (rev. ApnI2004) ! Application for Funding Assistance Florida Department of Law Enforcement Edward BYrne Memorial State and Local Law Enforcement Assistance Formula Grant Program negligence of either of them, the. subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient In writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 19. Extension of. Contract for Contractual Services Extension of a contract for contractual services between the subgrant recipient and a contractor (which includes all project budget categories) shall be In writing for a period not to exceed six (6) months and Is subject to the same terms and conditions set forth In the Initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 20, Written Approval of Change. In this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes, These include, but are not limited to: . a. Changes in project activities, target populations, service providers, Implementation schedules, designs or research plans set forth In the approved agreement; b, Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c, Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department Transfers do not allow for increasing the Quantitative number of items documented in any approved budget Item, Le" Increasing the Quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. Under no circumstances can transfers of funds Increase the total budgeted award. 21. Disputes and Appeals a, The Department shall make Its decision In writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Departmenfs decislon. b. If the subgrant recipient appeals the Departmenfs decision, the appeal also shall be made In writing within twenty-one (21) calendar days to the Departmenfs cieN< (agency clerk), The subgrant reclplenrs right to appeal the Departmenrs decision Is contained In Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22, Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time. a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23, Access To Records a, The Department of Law Enforcement, the Auditor General of the State of Florida, the U,S. Department of -. Justice, the U.S, Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, Implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide, and the U.S. Department of Agenda Item No. 16J2 FaLE Byrne Formula Grant Appll~tlon Package ~ ~ll<!iOO4 . SectIOn '~~ Rule 110-9.006 OCJG - 005 (rev. "' ) - .. ..-- - .-..- Application for Funding Assistance Florida Department of Law Enforcement Edward B . Memorial State and Local Law Enforcement AssIstance Formula Grant Pro ram Justice Common Rule for State and Local Governments, b, The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement 24, Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative who sign SectIon I. Signature Page. have the authority to request changes to the approved agreement The prior mentioned individuals have authority to sign or make amendments to the Sole Source and the ADP Justification forms. The Project Director has authority to submit requests for approval of specific travel, Financlal and Performance Reports, with the exception of the Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee, 26. Delegation of Signature Authority . When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for hlmlher, the chief officer or elected official must submit to the department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receMng signature authority. The letter must also specify the authority being delegated. 27. Personnel Change. Upon implementation of the project, In the event there Is a change In Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified In writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply, a, All positions in programs providing care to children, the developmentally disabled. or vulnerable adults for 15 hours or more per week: all permanent and temporary employee positions of the central abuse hot/ine; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F .S., using the level 2 standards set forth in that chapter, b, All employees In positions designated by law as positions of tnJst or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment For the purposes of the subsection, security background Investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks In this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1 ) Any person who Is required to undergo such a security background Investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed. shall be dismissed, (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Agenda Item No. 16J2 FDLE Byrne Formula Grant Application Packa~ tmttt ..Qi~iG4 Section 'l2f8Q1f 00 - Rule 110-9.006 OCJG - 005 (rev. April 2004) ,.'"" ..-.--.-. . ._..... .------_. --- Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing, The employing agency shall reimburse the Department of Law Enforcement for any costs Incurred by it In the processing of the fingerprints. 29. Drug Court Projects a. A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements outlined In the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines -Defining Drug Courts: The Key Components-, January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation, The data collected must be available to U.S, DOJ and FDLE upon request. . 30. OVertime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the aimlnal justice system In the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic Impacts such as increased court dockets and the need for detention space. . 31. Criminal Intelligence System a, The purpose of the federal regulation published In 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal InteJligence system under the Omnibus Crime Control and Safe S1reets Ad of 1968, 42 U,S.C. 3701, et seq., as amended, use those funds In conformance with the privacy and constitutional rights of individuals, b. The subgrant recipient and a criminal justice agency that is the Implementing agency agree to certify that they operate a criminal inteJligence system in accordance with Sections 802( a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth In 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and In the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made, If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal Intelligence system project to be In compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation govemlng the operetion of the system or faces the loss of federal funds. The Departmenfs approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth In the effective edition of OJP's Financial Guide is required from all projects that are Involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or nationa' origIn shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to TItle VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non- .....,., Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. Agenda Item No, 16J2 FaLE Byrne Fonnula GrlInt Applkatlon PIIckage Mett~Qa4 Sec:fIon 'tuBa0f.oo - Rule 110-9.006 OCJG-005(rev, 20(4) ..'-.-. -..-.,," _.~...- ----- .. ~ Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Program b. The subgrant recipient and the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 ofThe Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or Implementing agency meet Act criteria but have not formulated, imple~nted and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions In the Justice System Improvement Act of 1979, Pub. L 96-157,42 U.S.C. 3701, et seq, (Reference Section 803 (a) of the Act, 42 U,S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Infonnation). c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period In federal funds, must have approval of its EEO Plan by the U.S, DOJ, Office for Civil Rights (OCR), The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If the U.S, DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. d, In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, (lational origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act SUbgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101- 336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (TItle I), state and local govemment services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e} of the Immigration and Nationality Act rINA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the sUbgrant recipient of the employment provisIons contained In Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of sUbgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these sUbgrant funds, That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these sUbgrant funds, (1 ) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an Incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. Agenda Item No, 16J2 FDLE Byrne Fonnw. Grlnt ApplIcation Package ~~ Section 00 - Rule 110-9.006 OCJG - 005 (rev. April 2004) . ,..~ Application for Funding Assistance Florida Department of Law Enforcement Edward B ne Memorial State and Local Law Enforcement Assistance Fonnula Grant Pro ram b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U,S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that fund4Mi program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Particlpanfs Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared Ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department 38. Federal Rntrfctlons on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. b. This certifICation Is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification Is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification Is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: .<._" (1) No federally appropriated funds have been paid or shall be paid to any person for Influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering Into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. , i (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to I influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbvina ActIvities. according to its Instructions, (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on lobbying In addition to the provisions contained In Item 38 of SectIon G, Conditions of Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency Is prohibited under this contract 40, "Pay -to-Stay" Funds from this award may not be used to operate a .pay-to-stay" program In any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. .Local jair, as referenced in this condition, means an adult facility or detention center owned and/or operat4Mi by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-stay" programs as referenced In this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general Inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of conflnement are created for the same or similar offenders within a jurisdiction. 41. MItigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine - Laboratories If an award Is made to support methamphetamine laboratory operations the subgrant recipient must comply with Agenda Item No. 16J2 POLE Byrne Formula Gf'/Int Application Packaae Wibt~ai~ Section _ 3V . Rule 11 D-9.006 OCJG - 005 (rev. AprlI2004) -_..< --.,... _.,-,,- . ..... . ,-- -".._"._.~ --.--.-..-'.-. Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Asilltance Formula Grant Program this condition, which provides for !ndividual site environmental assessmentlimpact statements as required under the National Environmental Policy Act a. General Requirement The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result In adverse health, safety and environmental Impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implement these protective measures directly through the use of Its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. . 1, Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; 4. Assign property trained personnel to prepare a comprehensive contamination report on each closed laboratory; 5, Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 6, Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at property licensed disposal facilities or, when allowable, property licensed recycling facilities; 7, Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above In order to ensure proper compliance; 8, Have in place and Implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that ant residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and 9, Included among the personnel involved In seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or other children present or Jiving at the seized laboratory site, Response actions should include, at a minimum and as necessary, taking children into protective custody, Immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. Agenda Item No. 16J2 FDLE B . Formulll Grlmt A Mfi.y 4 Section II - Rule 110-9.006 OCJG - 005 (rev. April 2004) -- \ I ! ..-, Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Anlstance Formula Grant Program 42. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP), To ensure compliance with TItle VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs, Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document can be accessed on the Intemet at 'NWW.lep.gov. or by contacting OJP's Office for Civil Rights at (202) 307. 0690, or by writing to the following address: Office for Civil Rights Office of Justice Programs U.S. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC 20531 . ~- ,- Agenda Item No, 16J2 FDLE Byrne Formula Grant Application Packa". s~~~~~ - Rule 110-9.006 OCJG- 005 (rev. April 2004) "...". -,,,,._,,,- --",->"-~,,,..._-,._....,^-,...._- Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUBGRANTEE CERTIFICA TION I, the undersigned authorized offlcla', certify that according to Section 501 of the Omnibus Crime Control and Saf. Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . . (Select one of the following): L- Meets Act Criteria _Does not meet Act Criteria I affirm that I have read the Act criteria set forth In the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, It must formulate, Implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient. . . (Select one of the following): --L. Has a Current EEO Plan - Does Not Have a Current EEO Plan Has included a copy of the current approval letter from the US DOJ . I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Signature of Subgrantee Authorized Official Type Name: Donna Fiala Title: Chairperson Subgrant Recipient: Collier County Board of County Commissioners Date: Agenda Item No, 16J2 FDLE Byrne Fonnula Grant ApplIcation Package ~Y~~4 Section II f)i~u - Rule 110-9.006 OCJG - 005 (rev. April 2004) ",- Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram IMPLEMENTINGAGENCYCERTIRCATION I; the undersigned authorized official, certify that accardlng to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that this lmplementlng Agency. . .(Select one of the following): X Meets Act Criteria _Does not meet Act Criteria I affirm that I have read the Act criteria set forth In the Subgrant Application Instructions. I understand that If the Implementing Agency meets the.e criteria, It must formulate, Implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency. . . (Select one of the following): X Has a Current EEO Plan _Does Not Have a Current EEO Plan Is Included in the EEO Plan of the Subgrant Recipient. . Has included a copy of the current approval letter from the US DOJ I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan. federal law requires it to formulate, implement. and maintain such a Plan within 120 days after a ~nt application for federal assistance is approved or face loss of federal funds. ; I I I I : Dwlaht E. Brock Name of Subgrant Recipient: Collier County Board of County Commissioners Name of Implementing Agency: Clerk of the Circuit Court. Collier County Florida Title: Clerk of the Circuit Court Date: 6'/"yJy - , Agenda Item No. 16J2 FDLE Byrne Fonnul. G,."nt Appllc.tlon P.ck.ge Maltt~ Section ~ - Rule 110-9,006 OCJG- 005 (rev,Apr112004) ~ Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local law Enforcement Assistance Formula Grant Program H. SI In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. ComtCtions on this page, Including Strikeovers. whiteout, etc. are not acceptable. ..~~git)i';~\t_:.~~~~~W~~:~~*i,:'~;~,[t#,~,{; Signature: Typed Name and Title: Clavton H. Wilder. Community Proaram Administrator Date: . ..... ,,'''. - ., ..~ ....~' , .....'.~r.... . "~~'''~;''';'''' "-.,,,,~~;...' '.m l- t... 'l-:.:~~t~. ;:':~~\~~/~.;~:::~.'iJ~ ~~.-:~~,~..~=-.~ ~. - -~.. .....,,.. ,. ... !-. ":'~~-"'-~'..... .. t..~t i~{~:~:1:":::.:ft:j;1(J?~~~{ :.,c ,.~ _~. . Typed Name of Subgrant Recipient Collier County Board of County Commissioners Signature: Typed Name and Title: Donna Fiala. Chalroerson I Date: ;.'2;;:1I&4~.~~~,~r~~~Bfii Typed NreOf Implementing Agency: Clerk of the Circuit Court. Collier County Florida r, . i'~ _.-~ . Signature: / e.. Date: Agenda Item No. 16J2 FDLE B e Fonnula GnJnt A ~}H ~ 4 Section - Rule 110-9.006 OCJG - 005 (rev. Aprtl2004) --...--- ,_. ...-. EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VAllD PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from May I, 2004 through May 14, 2004 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period May 1, 2004 through May 14, 2004. This report is available for inspection and review in the County Manager's Office. FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. ...-.... GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact related to this item. RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Prepared By: .J-- Y. ~ Date: 51fh Y , I J L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Reviewed and c: ~ c ~ Date: ~-f,c; I to'..e Approved By: . 0 Constance Murray .,- General Operations Manager Agenda Item No. 16J3 May 25, 2004 Page 1 of 2 ,..--....- "",, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16J3 Item Summary That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, FL. Meeting Date 5/25/2004 9:00:00 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/19/2004 9 :45 AM _. - Agenda Item No. 16J3 May 25, 2004 Page 2 of 2 -- 'w_... _.._,.."....__...,_;,.._~"_M. . ----~--_.,,~~..^"-_._-_.~-.'",_..~- --. EXECUTIVE SUMMARY Authorize the Making of Offers of Judgment for Parcels 119,121,821,921,128 and 728 in the Golden Gate Parkway Project (Livingston Road to Santa Barbara Boulevard #60027) OBJECTIVE: Approve and authorize the making of Offers of Judgment pursuant to Section 73,032, F.S. for the condemnation of Parcels 119, 121, 821, 921, 128 and 728 in the Golden Gate Parkway Project (Livingston Road to Santa Barbara Boulevard # 6(027). CONSIDERATIONS: Eminent domain actions were filed in May and June of 2003 for the acquisition of Parcels 119, 121, 821, 921, 128 and 728 for the 6-laning of Golden Gate Parkway from Livingston Road to Santa Barbara Boulevard. In September of 2003, Orders of Taking were entered by the Circuit Court and the good faith estimate of value for these parcels as listed below were deposited into the Court registry on September 26, 2003 and October 2, 2003, thereby vesting title in the parcels in Collier County. The proposed Offers of Judgment, copies of which are attached as Exhibit "A", offer the property owners approximately 20% above the deposit of the County's good faith estimate of value at the hearing on the Orders of Taking. ,.-. Proposed Offer Parcels O.T, Deposit of Judgment Difference 119, 121,821,921 $ 45,300,00 $ 55,748.00 $ 10,448,00 128, 728 $ 14,300,00 $ 18,000.00 $ 3,700.00 The County Attorney's Office has reviewed all considerations in making the Offers of Judgment and has calculated in good faith these offers of full compensation for the property interests taken, This office considers the terms of the Offers of Judgment to be reasonable. If the property owner rejects the Offer of Judgment and the case is settled at an amount below the proposed Offer of Judgment, then the County is not responsible for the owner's expert fees from the date of the rejection of the offer. FISCAL IMPACT: Funds in the amount of $14,148,00 are available from Transportation Impact Fee Funds. Source of funds are Impact Fees. GROWTH MANAGEMENT IMPACT: None, RECOMMENDATION: That the Board of County Commissioners approve the terms of the Offers of Judgment and authorize its service upon Respondents; approve the expenditure of funds as stated; and approve Stipulated Final Judgments based on the acceptance of the Offers of Judgment including attorney's fees pursuant to Section 73.092(1), F.S, ~ Agenda Item No, 16K1 May 25,2004 Page 1 of 6 ~,..- .'".~'<~_;~"~h""~;_""""'""'.';,"",,",h"~"'^'''','''-'''''' .... , COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16K1 Item Summary Authorize the Making of Offers of Judgment for Parcels 119, 121, 821. 921, 128 and 728 in the Golden Gate Parkway Project (Livingston Road to Santa Barbara Boulevard #60027) Meeting Date 5/25/2004 9:00:00 AM Prepared By Heidi F. Ashton Assistant County Attorney County Manager's Office County Altomey Office Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportlon Services Transportation Engineering and 5111/2004 3:20 PM Construction Approved By Sharon Newman Accounting Supervisor Date Transportlon Services Transportation Administration 5112/20044:34 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportlon Services Transportation Services Admin. 5113/20041:40 PM Approved By Lisa Taylor ManagementiBudget Analyst Date Transportlon Services Transportation Administration 5114/200410:12 AM Approved By David C. Weigel County Altorney Date County Manager's Office County Attorney Office 5117/20049:01 AM Approved By Pat Lehnhard Administrative Assistant Dale County Manager's Office Office of Management & Budget 5117/2004 10:05 AM Approved By Susan Usher Senior ManagementiBudget Analyst Date County Manager's Office Office of Management & Budget 5117120041 :45 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 5117/2004 5:44 PM Approved By James V. Mudd County Manager Dale Board of County COllnty Manager's Office Commissioners 5118/20048:34 AM Approved By Gregg R. Strakaluse Transportation Engineerlngl Construction Mgmt Director Date Transportlon Services Transportation Engineering and 51412004 8: 12 AM ",_. Construction Agenda Item No. 16K1 May 25, 2004 Page 2 of 6 - ._._,"-"' 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, Case No,: 03- 2196-CA Petitioner, Parcel Nos,: 119, 121,821 & 921 vs. ROBERT J. DERR, et aI., Respondents. I OFFER OF JUDGMENT TO: CharlesR.Forrnan,Esqurre FORMAN HANRATTY & MONTGOMERY 320 NW Third Avenue P. O. Box 159 Ocala, FL 34478 PETITIONER, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, F.S, and Fla,R.Civ,P. 1.442, does hereby make this binding Offer of Judgment in this action to Respondent, ROBERT J. DERR, for all compensation, including severance damages, business damages, statutory interest, costs to cure, together with the value of the taking, and any other claims of Respondent, ROBERT J. DERR, arising out of the taking of Parcels 119, 121, 821 and 921, in the total amount of Fifty-Five Thousand Seven Hundred Forty-Eight Dollars and NollOO ($55,748.00), which includes the amount of $45,300,00 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 attorneys fees and costs. Agenda Item No, 16K1 May 25, 2004 Page 3 of 6 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 Respondent(s) review upon reasonable notice of such a request. Dated this _ day of May, 2004. OFFICE OF THE COUNTY ATIORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: (j .~- HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATIORNEY FOR PETITIONER CERTmCA TE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Charles R. Fonnan, Esquire, FORMAN HANRATIY & MONTGOMERY, 320 NW Third Avenue, P. O. Box 159, Ocala, FL 34478 this _ day of May, 2004 via regular United States Mail. HEIDI F. ASmON, ESQUIRE ."'.....- Agenda Item No. 16K1 May 25, 2004 Page 4 of 6 "--'--- ... .... ....,..-........."'.----,--'''. -,-".~-,-~._,~,-~- -_..,--,..... 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, Case No,: 03-2273-CA Petitioner, Parcel Nos.: 128 & 728 vs. TERRY L. LICHLITER, et al., Respondents. I OFFER OF JUDGMENT TO: Charles R, Forman Esquire FORMAN HANRA TrY & MONTGOMERY 320 NW Third A venue P. 0, Box 159 Ocala, FL 34478 PETITIONER, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, F.S., and Fla,R,Civ.P. 1.442, does hereby make this binding Offer of Judgment in this action to Respondents, TERRY L. LICHLITER and DEBORAH LICHLITER, for all compensation, including severance damages, business damages, statutory interest, costs to cure, together with the value of the taking, and any other claims of Respondents, TERRY L. LICHLITER and DEBORAH LICHLITER, arising out of the taking of Parcels 128 and 728, in the total amount of Eighteen Thousand and No/100 Dollars ($18,000.00), which includes the amount of $14,300.00 which was deposited pursuant to the Order of Taking dated September 19, 2003, There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorneys fees and costs. Agenda Item No. 16K1 May 25, 2004 Page 5 of 6 -- ,-, 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 Respondent(s) review upon reasonable notice of such a request. Dated this _ day of May, 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ~~ HErrDIF.ASHTON,ESQUIRE ,.,- Florida Bar No. 0966770 ATIORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Charles R. Fonnan, Esquire, FORMAN HANRATTY & MONTGOMERY, 320 NW Third Avenue, P. O. Boll. 159, Ocala, FL 34478 this _ day of May, 2004 via regular United States Mail. HEIDI F. ASlITON, ESQUIRE - - Agenda Item No. 16K1 May 25, 2004 Page 6 of 6 - ..._- h. ~ -- ,-- .-..-....- ._~-' ,- EXECUTIVE SUMMARY Authorize the making of an Offer of Judgment to Respondent, Nellie Whitehurst, for Parcel No. 153 in the amount of $30,000.00 in the lawsuit styled Collier County v. John Frank Sudal, et al., Case No. 02-5168-CA (Immokalee Road Project No. 60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Nellie Whitehurst ("Respondent"), in the amount of $30,000.00, as full compensation, excepting attorney's fees and costs, for the fee simple acquisition arising out of the condemnation of Parcel No. 153 in Collier County v. John Frank Sudal, et al., Case No. 02-5168-CA. CONSIDERATIONS: On May 13, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 153 for the Immokalee Road Project (Project No. 60018). On May 20, 2003, Collier County deposited with the Registry of the Court the sum of $26,100.00 for Parcel 153 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $30,000.00 as full compensation for the property taken, including interest, any severance damages, business damages, damages to the remainder and costs to cure, but does not include ,,- attorney's fees and other such costs. The making of the Offer of Judgment will require the Respondent to carefully assess her claims for compensation. Respondent will have thirty days from the date of mailing the offer to accept. If Respondent accepts, the County will be required to deposit $3,900.00 into the registry of the Court, which will be paid to Respondent by Stipulated Final Judgment of the court. If Respondent rejects the offer, and fails to recover more than $30,000.00 for Parcel 153, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. 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 the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $3,900.00 are available in the FY 04 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on Respondent; 2. Approve the expenditure of funds as stated, if the offer is accepted~ ,- 3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment,and authorize payment accordingly. Agenda Item No. 16K2 May 25, 2004 1 of 5 .--" .,".."."...,-"~,,,. - _'_'.'__,._..'M"'H~'"_,,~,,, -......."-,....,--,._"..""'.,,,._.....>>..,-~~~' ~,_.- ~,,,.,,,...._,--_."-,,.~..- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16K2 - Item Summary Aulhor!:le Ul6 f!~akmg of an Offu! of Judgment to Respondont, Nellio Whitehurst. lor Parcel No. 153 in the amounl of 530,000,00 in the lawsl;,l st}~"d ColI'ur COlJflty v. John Frank SUllal, ut aI., Cas.E1 No. 02.5168-CA (Ir!1f!'okatoo Road Project No, 60e 1 a), Meeting Date 5/2512004 9:00:00 AM Prepared By Jeffrey C. Clapper Legal Assistant COUt1ty Manage"'. Office County Attorney Office Approved By Ellen T. Chadwell Assistant County Attorney Date County Manager's 01fiec County Attorney OffIce 51101200.8:51 AM Approved By Sh.lron Newman Accounting Supervisor Oa.. Transport/on Servlc.s Tr.nsportatlon Administration 5/11,'20042:.7 PM Approved By Kevin Hendricks Right Of Way Acqui$ition Manager 0... Transportion Services Transpo"-.ation Eniineering and 5/11/200.3:2. PM Construction Appro,'ed By LIsa Taylor Management/Budget Analyst Date Tromsportion Serv!ce' Transportation AdmInIstration 5!12,'2004 1 :.2 PM Appro,'ed By Norm E. Feder. AICP Transpor"....'tion Oivi5ion Administrntor O..lte Transportion Services Transportation Services Admin. 5/13!200.1:41 PM Appro,'ed By Gregg R. Slrakatun Transport..alion Enginecrln9J Construction Mgmt Director Oate Transponation Engineering and Transportlon Services Construction 5114,'200410:19 AM Approved By David C. Weigel Cour.ty Attorney Date County Manager, Office County Attorney Office 51171200.9:03 AM Approved By Pat lehnhard Adrr-inistratlve Assistant Date County Manager's Office Office of Management & Budget 5117.'200410:08 AM Approved By SU$itn Usher Senior M.1na:gemr.fltJ'Budget Analyst Date County Manager"s Office Office or Management & Budget 5117;20041:50 PM Appro,'ed By Michael Srnykowskl Management & Budget Director Date County Managor's Office Office of Management & Budget 51171200.5:.6 PM Approved By Jame, V, Mudd County M.n.ger Da.. Board of County County Manager's Offic. Commi&loiooers 5/18,'20046:00 PM - Agenda Item No, 16K2 May 25. 2004 2 of 5 ~~'.._',.~-~,_..". -.,.,.."~.."""."._",<,,,,--_...._. "."""--..,- ..-.... ,+,.-.--- ......---- "--,,._-- IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No. 02-5168-CA v. Parcel No.: 153 JOHN FRANK SUDAL, et al., Respondents. I NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT YOU ARE HEREBY NOTIFIED the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, has served Petitioner's Offer of Judgment to the Respondent, NELLIE WHITEHURST, as to Parcel 153 in the above-styled cause. I HEREBY CERTIFY that a true and correct copy of this Notice has been furnished via Regular U.S. Mail to Stephen E. Dalton, Esq., Pavese, Haverfield, et al., 1833 Hendry Street, Ft. Myers, FL 33901 and E. Glenn Tucker, Esq., RHODES, TUCKER & GARRETSON, P.O. Box 887, Marco Island, FL 34146 on this _ day of May, 2004. OFFICE OF THE COUNTY A TIORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 A TTO~iTmRlwr.nNdOmK{2 May 25, 2004 3 of 5 - IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No. 02-5168-CA v. Parcel No.: 153 JOHN FRANK SUDAL, et al., Respondents. / OFFER OF JUDGMENT TO: Nellie Whitehurst c/o Stephen E. Dalton, Esq. Pavese, Haverfield, et al. 1833 Hendry Street Ft. Myers, FL 33901 Plaintiff, COLLIER COUNTY, FLORlDA, 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, NELLIE WHITEHURST ("Respondent"), for all compensation, including severance damages, 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 153, in the total amount of Thirty Thousand and NollOO Dollars ($30,000.00), for Parcel 153, which includes the amount of $26,100.00 which was deposited pursuant to the Order of Taking dated May 13,2003. There are no non-monetary terms or other relevant conditions to this offer except that this offer does include interest from the date of the Order of Taking but does not include attorneys - fees and costs. Agenda Item No. 16K2 May 25, 2004 1 40f5 ---" --"'- - ~'~"'''''''''~'----~~,..,- '"'-- -,." _._._"~-~--~- The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondent's review upon reasonable notice of such a request. Dated this _ day of May, 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 A TIORNEY FOR PETITIONER Agenda Item No. 16K2 May 25, 2004 2 5 of 5 1',.,,.,. EXECUTIVE SUMMARY Approve Agreed Order and Authorize Payment or Expert Fees and Costs for Parcels 159 and 160 in the Lawsuit Styled Collier County v. Anthony DiNorcia, Jr., et. aL, Case No. 04-0031-CA (Vanderbilt Beach Road Project #63051). OBJECTIVE: That the Board of County Commissioners approve an Agreed Order and authorize payment of expert fees and costs with respect to Parcels 159 and 160 in the lawsuit styled Collier County v. Anthony DiNorcia, Jr., et ai., Case No. 04-0031-CA. CONSIDERATIONS: On January 5, 2004, a Petition in Eminent Domain was filed in Collier County Circuit Court for the acquisition of parcels for the 6-laning of Vanderbilt Beach Road between Airport Road and Collier Boulevard. On April 14, 2004, a Stipulated Order of Taking and Final Judgment was entered by the Court wherein the property owner was fully and fairly compensated for the property interests taken for Parcels 159 and 160. On April 26, 2004, Collier County deposited with the Registry of the Court the sum of $40,000.00 for Parcels 159 and 160, thereby vesting title in the parcels in Collier County. The County is now required to pay the reasonable costs of the property owner pursuant to Section 73.091, F.S. The property owner's experts have agreed to accept the sum of $918.00 for appraisal fees, $967.50 for planning and engineering fees and $50.00 for reimbursable costs for Parcels 159 and 160. The County Attorney's Office has prepared an Agreed Order, a copy of which is attached as Exhibit "A". FISCAL IMPACT: Funds in the amount of $1935.50 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 $1935.50 to the Gaylord Merlin Ludovici Diaz & Bain Trust Account on behalf of the property owner for appraisal fees, planning fees and engineering fees for Parcels 159 and 160. '- Agenda Item 16K3 May 25, 2004 1 of 5 -". <,. "',',~"'''":"''''''''-'''''''';-~'''''-, ,'".~'" "'.....',,,:""'._......_..-..._-_.,,"~",._- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16K3 Item Summary Approve Agreed Order and Authorize Payment of Expert Fees and Costs for Parcels 159 and 160 in the Lawsuit Styled Collier County v. Anthony DiNorcia. Jr.. el. al.. Case No. 04-0031 -CA (Vanderbilt Beach Road Project #63051), Meeting Date 5/25/2004 9:00:00 AM Pr~pared By Heidi F. Ashton As.latant County Attorney County Manager's Office County Attorney OffIce Approved By Lisa Taylor ManagemenllBudget Analyst Date Transportlon Services Transportation Administration 5/1212004 1: 35 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 5/12120044:31 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportlon Services Transportation Engineering and 5/1212004 2: 34 PM Construction Approved By Gregg R. Strakaluse Transportation Engineering! Construction Mgmt Director Date ,- Transportation Engineering and Transportion Services Construction 5/13/20045:41 PM Approl'ed By Norm E. Feder. AICP Transportation Division Administrator Date Transportlon Services Transportation Services Admin. 5/13/20041:43 PM Approved By David C. Weigel County Attorney Date County Manager's Office County Attorney Office 5111/20049:10 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5/11/200410:13 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5/11/20041:59 PM Approved By Michael Smykowskl Management & Budget Director Oate County Manager's Office Office of Management & Budget 5/1112004 5:48 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office -" Commissioners 5118/2004 6:04 PM Agenda Item 16K3 May 25. 2004 20f5 ---.'" .' -~ -"-~"",-.,,,<,,-..,,,,--,~., - ---- 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, Case No.: Q4-0031-CA Petitioner, Parcel Nos.: 159 & 160 vs. ANTHONY DINORCIA, JR., et aI., Respondents. I AGREED ORDER THIS CAUSE, having come before the Court upon joint motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent, ANTHONY DINORCIA, JR., by and through his 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, ANTHONY DINORCIA, JR., receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Nine Hundred Eighteen Dollars and No/I00 ($918.00) for appraisal fees incurred in connection with Parcels 159 and 160; it is further ORDERED that Respondent, ANTHONY DINORCIA, JR., receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Nine Hundred Sixty-Seven Dollars and 501100 ($967.50) for planning and engineering fees incurred in connection with Parcels 159 and 160; it is further Agenda Item 16K3 May 25, 2004 3 of 5 ORDERED that Respondent, ANTHONY DINORCIA, JR., receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Fifty Dollars and NollOO ($50.00) for reimbursable costs incurred in connection with Parcels 159 and 160~ it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Nineteen Hundred Thirty-Five Dollars and 50/100 ($1935.50) to GAYLORD MERLIN LUDOVICI DIAZ & BAIN TRUST ACCOUNT, c/o Lorena Hart Ludovici, Esquire, Gaylord Merlin Ludovici Diaz & Bain, 5001 West Cypress Street, Tampa, FL 33607-3887 for appraisal fees, planning fees and engineering fees for Parcels 159 and 160. ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit to Collier County Board of County Commissioners, c/o Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney, 3301 East Tarniarni Trail, Naples, FL 34112, less any sums retained by the Clerk of Courts up to 10% in accordance ~- with Section 28.33, F.S.~ it is further DONE AND ORDERED this _ day of , 2004, in Naples, Collier County, Florida. CIRCUIT COURT JUDGE Conformed copies to: Heidi F. Ashton, Esquire Lorena Hart Ludovici, Esquire E. Glenn Tucker, Esquire Bookkeeping ,.- Agenda Item 16K3 May 25, 2004 4 of 5 ",.."-........._.._-~,." ... -'.~ ._,.._~ ..........-.- _._- JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the - foregoing Agreed Order as to Parcels 159 and 160. Dated: Dated: @ LORENA HART LUDOVICI, ESQUIRE HEIDI F. ASHTO~, ESQUIRE Florida Bar No.: 847062 Florida Bar No.: 0966770 GA YLORD MERLIN LUDOVICl DIAZ & BAIN COUI\'TY ATTORi....'EY.S OFFICE 5001 West Cypress Street HaImon Turner Building Tampa, FL 33607-3887 3301 East Tamiami Trail (813) 221-9000 - Telephone Naples, FL 34112 (813) 221-9030 - Facsimile (239) 774-8400 - Telephone A TIORNEY FOR RESPONDE1\11' (239) 774-0225 - Facsimile ATTOR~'EYFORPETn10NER Agenda Item 16K3 May 25, 2004 5 of 5 ,- EXECUTIVE SUMMARY Approve Agreed Order and Authorize Payment of Appraisal Fees and Engineering Fees for Parcels 100, 101 and 700 in the Lawsuit Styled Collier County v. Faith Bible Church of Naples, Inc., et. al., Case No. 99.2165-CA (Immokalee Road Project #69101). OBJECTIVE: That the Board of County Commissioners approve an Agreed Order and authorize payment of appraisal fees and engineering fees with respect to Parcels 100, 101 and 700 in the lawsuit styled Collier County v. Faith Bible Church of Naples, Inc., et al., Case No. 99-2165-CA. CONSIDERATIONS: On August 27, 1999, an Order of Taking was cntercd in Collier County Circuit Court regarding the acquisition of Parcels 100, 101 and 700 for the Immokalee Road project (Project No. 69101). On September 9, 1999, Collier County deposited with the Registry of the Court the sum of $16,750.00 for Parcels 100, 101 and 700 thereby vesting title in the parcels in Collier County. On March 24, 2004, a Stipulated Final Judgment was entered whereby the property owner was - fully and fairly compensated for the property interests taken in the amount of $24,000.00. The County is now required to pay the reasonable costs of the property owner pursuant to Section 73.091, F.S. Through ncgotiations, the property owner's experts have agreed to acccpt the sum of $4300.00 for appraisal fees and $5300.00 for engineering fees for Parcels 100, 101 and 700. The County Attorney's Office has prepared an Agreed Order, a copy of which is attached as Exhibit "A". FISCAL IMPACT: Funds in the amount of $9600.00 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 $9600.00 to the Earle & Patchen Trust Account on behalf of the property owner for appraisal fees and engineering fees for Parcels 100, 101 and 700. - Agenda Item No. 16K4 May 25, 2004 Page 1 of 5 ,,-~. COLLIER COUNTY - BOARD OF COUNTY COMMISSIONERS Item Number 16K4 Item Summary Approve Agreed Order and Authorize Payment of Appraisal Fees and Engineering Fees for Parcels 100, 101 and 700 in the Lawsuit Styled Collier County v. Faith Bible Church of Naples, Inc., et. aI., Case No. 99-2165-CA (Immokalee Road Project #69101). Meeting Date 5/25/2004 9:00:00 AM Prepared By Heidi F. Ashton Assistant County Attorney County Manager's Office County Attorney Office Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 5/12/2004 1 :33 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 5/12/20044:37 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date -, Transportation Engineering and Transportion Services Construction 5/12/20042:36 PM Approved By Gregg R. Strakaluse Transportation Engineering/ Construction Mgmt Director Date Transportion Services Transportation Engineering and Construction 5/13/20048:37 AM Approved By Norm E. Feder, AIC? Transportation Division Administrator Date Transportion Services Transportation Services Admin. 5/13/20041:46 PM Approved By David C. Weigel County Attorney Date County Manager's Office County Attorney Office 5/17/20049:15 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5/17/200410:15 AM Approved By Susan Usher Senior Management/Budget Analyst Date "-..... County Manager's Office Office of Management & Budget 5/17/20042:03 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget Agenda It .-.....-.. ~.~. . -~,--,..."'-. 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, Case No.: 99-2165-CA Petitioner, Parcel Nos.: 100,101&700 vs. FAITH BIBLE CHURCH OF NAPLES, INe., et aI., Respondents. I AGREED ORDER THIS CAUSE, having come before the Court upon joint motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent, FAITH BIBLE CHURCH OF NAPLES, 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, FAITH BIBLE CHURCH OF NAPLES, INC" receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Forty-Three Hundred Dollars and No/loo ($4300.00) for appraisal fees incurred in connection with Parcels 100, 101 and 700; it is further ORDERED that Respondent, FAITH BIBLE CHURCH OF NAPLES, INe., receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Fifty-Three Hundred Dollars and NollOO ($5300.00) for engineering fees incurred in connection with Parcels 100, 101 and 700; it is further Agenda Item No. 16K4 May 25,2004 Page 3 of 5 - ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Ninety-Six Hundred Dollars and No/I00 ($9600.00) to the EARLE & PATCHEN TRUST ACCOUNT, c/o Brian P. Patchen, Esquire, Earle & Patchen, P.A., 1000 Brickell Avenue, Suite 1112, Miami, FL 33131 for appraisal fees and engineering fees for Parcels 100, 101 and 700. ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit to Collier County Board of County Commissioners, c/o Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney, 3301 East Tamiami Trail, Naples, FL 34112, less any sums retained by the Clerk of Courts up to 10% in accordance with Section 28.33, F.S.; it is further DONE AND ORDERED this _ day of , 2004, in Naples, Collier ~- County, Florida. CIRCUIT COURT JUDGE Conformed copies to: Heidi F. Ashton, Esquire Brian P. Patchen, Esquire E. Glenn Tucker, Esquire Bookkeeping -,., Agenda Item No. 16K4 May 25, 2004 Page 4 of 5 ~-~.,",_." "--,,--...................,.,,- ".,.,"-....'"~ .. ,.,------ ,,_. . '-....,," JOINT MOTION The Parties, by and through their undersigned atlorneys, hereby move for entry of the foregoing Agreed Order as to Parcels 100, 101 and 700. Dated: Dated: @ BRiAN P. PATCHEN, ESQUIRE HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 157545 Florida Bar No,; 0966770 EARLE & PATCHEN, P.A. COUNTY ATTORNEY'S OFFICE 1000 Bricken Avenue, Suite 1112 Hannon Turner Building Miami. FL 33131 3301 East Tamiami Trail (305) 372-1112 - Telephone Naples, FL 34112 (305) 372-3691 - Facsimile (239) 774-8400 - Telephone ATTORNEY FOR RESPONDEJ'o,'T (239) 774-0225 - Facsimile ATTORNEY FOR PETmO~ER Agenda Item No. 16K4 May 25, 2004 Page 5 of 5 ...,- EXECUTIVE SUMMARY Approve Agreed Order and Authorize Payment of Engineering Fees for Parcel 129 in the Lawsuit Styled CoUier County v. James R. Colosimo, Trustee, et. ai., Case No. 00-OI38-CA (Pine Ridge Road Project #60111). OBJECTIVE: That the Board of County Commissioners approve the Agreed Order and authorize payment of engineering fees with respect to Parcel 129 in the lawsuit styled Collier County v. James R. Colosimo, Trustee, et al., Case No. OO-0138-CA. CONSIDERATIONS: On April 6, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 129 for the Pine Ridge Road project (Project No. 60111). On April 27, 2000, Collier County deposited with the Registry of the Court the sum of $63,700.00 for Parcel 129 thereby vesting title in the Parcel in Collier County. On May 4, 2004, a Stipulated Final Judgment was entered whereby the property owners were fully and fairly compensated for the property interests taken in the amount of $112,000.00. The County is now required to pay the reasonable costs of the property owners pursuant to Section 73.091, F.S. Through negotiations, the property owners' experts have agreed to accept the sum of $1000.00 for - engineering fees for Parcel 129. The County Attomey's Office has prepared an Agreed Order, a copy of which is attached as Exhibit "A". FISCAL IMPACI': Funds in the amount of $1000.00 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 $1000.00 to the Ruden McCloskey Smith Schuster & Russell Trust Account on behalf of the property owners for engineering fees for Parcel 129. - Agenda Item No. 16K5 May 25, 2004 1 of 4 """-"'" "-'-~-~."-"""'- COLLIER COUNTY - BOARD OF COUNTY COMMISSIONERS Item Number 16K5 Item Summary Approve Agreed Order and Authorize Payment of Engineering Fees for Parcel 129 in the lawsuit Styled Collier County v. James R. Colosimo. Trustee. et aL, Case No, 00-0138-CA (Pine Ridge Road Project #60111), Meeting Date 5/25i2004 9:00:00 AM Prepared By Heidi F. Ashton Assistant County Attorney County Manager's Office County Attorney OffIce Approved By Lisa Taylor ManagemenUBudget Analyst Date Transportlon Services Transportation Administration 5/12120041:30 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 5112120044:38 PM Appro\'ed By Kevin Hendricks Right Of Way Acquisition Manager Date Transportion Services Transportation Engineering and Construction 5/12120042:31 PM Approved By Gregg R. Strakaluse Transportation Engineering! ,,-~, Date Construction Mgmt Director Transportation Engineering and Transportion Services Construction 5113/2004 8:31 AM Appro\'ed By Norm E. Feder, AICP Transportation Division Administrator Date Transportlon Services Transportation Services Admin. 5113/2004 1 :41 PM Approved By David C. Weigel County Attorney Date County Manager's Office County Attorney Office 5117/20049:16 AM Approved By Pat lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5117/200410:16 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5117/2004 2:06 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 5117/2004 5:52 PM Appro\'ed By James V. Mudd County Manager Date ,.-.. Board of County County Manager's Office Commissioners 5118120045:28 PM Agenda Item No. 16K5 May 25. 2004 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, Case No.: OO-0138-CA Petitioner, Parcel No.: 129 vs. JAMES R. COLOSIMO, TRUSTEE, et al., Respondents. / AGREED ORDER THIS CAUSE, having come before the Court upon joint motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents, GARRETT F. X. BEYRENT and TERYL H. BRZESKI flkla TERYL BEYRENT, 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, GARRETT F. X. BEYRENT and TERYL H. BRZESKI flkla TERYL BEY RENT, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Thousand Dollars and NollOO ($1000.00) for engineering fees incurred in connection with Parcel 129; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of One Thousand Dollars and No/100 (1000.00) to RUDEN MCCLOSKY SMITH SCHUSTER & RUSSELL, P.A. TRUST ACCOUNT c/o Thomas R. Bolf, Esquire, Ruden McClosky Smith Agenda Item No. 16K5 May 25, 2004 30f4 - Ma~U3-ZDD~ 05:03,. F rlW'"~EN lteLOm 17 FL NT um~m 1-700 P.DDl/003 F-711 . ... ... SdmImr &: RmII11. F.A., Phst UDioD Ceut=-. 15th Floor, 2OO:Bast!rowan!.Bcullvard. P. O. .Box 1900. PM Law:1crdalc, PI. 33302 far ~,,,..flliDg tees for Partd. 129. DONE AND OlU>ERPD tbi.s _ day of . 2004. in Napa. Callier County, !lIDdcJa. . CIlCUlT COuaT J'UI)Q! ~ copies to: HaIc1;l F. .Ashtoa,:Esq1m 'I'hOma R.. BoJf, EequiJe . B. Gleml Tacker, Esql1ite BookbepiDg .''''-, lOINTMOTION . : na Parries, by iDd thmugh ~ undmlpcd attomOyI, h=eby move for f2'J%f1 of: die . fon:ga!q.Aped Order u tc PlItd 129. '.. ~ Dmi: !ilk Y ~ ')U{} ~ Da:d: 'it.,t<fim BElOI.,. ASIl'roN.:BSQUl:RE THOMAS R.. BOLF, Q'VIRE f1artda Ill' No.: 454419 Florida Bar No.: 0966770 RUDEN MCCLOSKY SMm! SCBUSTER. COUNTY ATI'ORNBY'S OFPICE &RUS~.T... P.A.. Hazmoa TUtIl<< Buildma lUst Umoo CeDtc:r. ~Phxlr 3301 East Tamiami Tnil 200 East BZOWIl'C1 BoW.cva:tl NaplcI, R. 34112 P. O. Boll. 1900 (239) 114-8400 . Telephone fon t..miderdal." R. 33302 (23P) 774-C22S . F~mnc (954) 7~-Telephonc ATl"OR.NEY FOR PlmTIONER. ~S4)7~996-F~a ATTORNEY FO'RlmSPONDBNTS - Agenda Item No. 16K5 May 25, 2004 4 of 4 -- ~-,~_... '-~. .... ~.^ ^.,"'''~.._, ... ...............~-- '__,n___ _.-._"-, ,-- EXECUTIVE SUMMARY Authorize the making of an Offer of Judgment to Respondent H.A. Street for Respondent's undivided one-half interest in Parcel No. 159A in the amount of $12,000.00 in the lawsuit styled Collier County v. H.A. Street, et aI., Case No. 03-2873-CA (lmrnokalee Road Project #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, H.A. Street ("Respondent"), in the amount of $12,000.00, as full compensation for Respondent's undivided one-half interest in Parcel No. 159A, excepting attorney's fees, costs, and interest, for the fee simple acquisition arising out of the condemnation of Parcel No. 159A in Collier County v. H.A. Street, et al., Case No. 03-2873- CA. CONSIDERATIONS: On October 3, 2003, a Stipulated Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Mr. Street's one-half interest in Parcel 159A for the Immokalee Road Project (Project No. 6(018). On October 16, 2003, Collier County deposited with the Registry of the Court the sum of $10,100.00 for Parcel 159A in accordance with the Stipulated Order of Taking. .- The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $12,000.00 as full compensation for his undivided one-half interest in Parcel No. 159A, including any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees or other such costs, and interest. The making of the Offer of Judgment will require the Respondent to carefully assess his claims for compensation. Respondent will have thirty days from the date of mailing the offer to accept. If Respondent accepts, $12,000.00 will be paid to Respondent by Stipulated Final Judgmcnt of the court. If Respondent rejects the offer, and fails to recover more than $12,000.00 for Respondent's undivided one-half interest in Parcel 159A, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. 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 the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $1,900.00 are available in thc FY 04 adopted budget. Source of funds are gas taxes and impact fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: - 1. Approve the terms of the Offer of Judgment and authorize its service on Respondent, and 2. Approve the expenditure of funds as stated, in the event the offer is accepted; and 3. Approve Stipulated Final Judgment based on an acccptance of the Offer of Judgment, and authorize payment accordingly. Agenda Item No. 16K6 May 25, 2004 Page 1 of 5 '....__.,~.,"-,.,,--^ "'.'~""'~'"""_''''''''''''''',l'.,','',',_,__~",,-, "~'.",",--,._.._._.-.._-,,,,.,..,,,,,,,.,,.,,,,,.,,,,, COLLIER COUNTY ,,- BOARD OF COUNTY COMMISSIONERS Item Number 16K6 Item Summary Authorize the making of an Offer of Judgment to Respondent HA Street for Respondent's undivided one-half interest in Parcel No, 159A in the amount of $12,000,00 in the lawsuit styled Collier County v, HA Street, et aI., Case No, 03-2873-CA (Immokalee Road Project #60018), Meeting Date 5/25/2004 9:00:00 AM Prepared By Jeffrey C. Clapper Legal Assistant County Manager's Office County Attorney Office Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 5/12120044:39 PM Approved By Transportation Engineering/ Gregg R. Strakaluse Construction Mgmt Director Date Transportion Services Transportation Engineering and 5/13/2004 B: 36 AM Construction Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin, 5113/20041:48 PM Approl'ed By Ellen T. Chadwell Assistant County Attorney Date County Manager's Office County Attorney Office 5/14/200412:11 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportlon Services Transportation Engineering and Construction 5/14/200410:11 AM Approl'ed By Lisa Taylor Management/Budget Analyst Date Transportlon Services Transportation Administration 5/14/2004 10:08 AM Approved By David C, Weigel County Attorney Date County Manager's Office County Attorney Office 5/17120049:17 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 5117/200410:18 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5/17/20042:11 PM Approved By ,-~ Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 5/17/2004 5:54 PM Approved By James V, Mudd County Manager Date Board of COllnty County Manager's Office Agendal~~4~~PM Commissioners PS!.je 2 af 6 ---_.".~,- ..-."- '"'~, , . ~~ ,...._~~~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Case No. 03-2873-CA Petitioner, Parcel No.: 159A vs. H.A. S1REET~ and COLLIER COUNTY TAX COLLECTOR, Respondents. I OFFER OF JUDGMENT TO: H.A. Street P.O. Box 2100 Grundy, V A 24614 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, H.A. STREET ("Respondent"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent arising out of the taking of Respondent's undivided one-half interest in Parcel 159A, in the total amount of Twelve Thousand and No/lOO Dollars ($12,000.00). 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 attorney's 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 Respondent's review upon reasonable notice of such a request. Agenda Item No, 16K6 1 May 25, 2004 Page 3 of 5 - Dated this _ day of May, 2004. OFFICE OF THE COUNTY A ITORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 A ITORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment .._"'" has been furnished by U.S. Mail, to: H.A. Street, P.O. Box 2100, Grundy, VA 24614 on this _ day of May, 2004. ELLEN T. CHADWELL, ESQUIRE .._- Agenda Item No, 16K6 2 May 25, 2004 Page 4 of 5 ."."-- ----"--~~- .~.,,-,.. .... '....-- IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, '" Case No. 03-2873-CA Petitioner, Parcel No.: 159A vs. H.A. S1REET~ and COLLIER COUNTY TAX COLLECTOR, Respondents. I NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, hereby gives notice of serving Petitioner's Offer of Judgment to the Respondent, H.A. STREET, as to Parcel 159A in the above-styled cause. I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Service of Petitioner's Offer of Judgment has been furnished via regular U.S. Mail to H.A. Street, P.O. Box 2100, Grundy, V A 24614, and E. Glenn Tucker, Esq., RHODES, TUCKER & GARRETSON, P.O. Box 887, Marco Island, FL 34146 on this _ day of May, 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 330L East Tamiarni Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL Florida Bar No. 0983860 At\(\gmycfaI11enhl~<)61It8 May 25, 2004 Page 5 of 5 -, EXECUTIVE SUMMARY PUDZ-2003-AR-4332 Colonades Medical Park, LLC, represented by Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., and D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., requesting a rezone from "E" Estates to Commercial Planned Unit Development (CPUD) for a project to be known as the Colonades at Santa Barbara PUD, to allow development of a maximwn of 35,000 square feet of mixed office uses. Property is located at the northwest corner of Golden Gate Parkway and Santa Barbara Boulevard, in Section 29, Township 49 South, Range 26 East, Collier County, Florida, consisting of 6.83::1: acres. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezoning for the Colonades at Santa Barbara PUD is consistent with the Collier County Growth Management Plan and the Land Development Code and is in the best interest of the community. CONSIDERATIONS: The petitioner wishes to rezone approximately 6.83 acres of undeveloped land currently zoned Estates ("E") to Commercial Planned Unit Development (CPUD). The project will be known as the Colonades at Santa Barbara CPUD. The property is located at the northwest corner of Golden Gate -. Parkway and Santa Barbara Boulevard, in Section 29, Township 49 South, Range 26 East, Collier County, Florida. The petitioner proposed this PUD to allow development of a maximum of 35,000 square feet of floor area of medical and other professional office uses pursuant to the Growth Management Plan (GMP) requirements for the Golden Gate Area Master Plan Commercial Infill Designation within which this parcel is located. That designation establishes specific criteria within which development can occur. FISCAL IMPACT: The approval of the PUD by and of itself does not have a fiscal impact on the County. The fiscal impact occurs as development occurs. The fiscal impacts of development are addressed through the payment of impact fees that are collected after the zoning is approved. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted Levels of Service (LOS) for public facilities. In the event that impact fee collections are inadequate to maintain adopted Levels of Service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. Development takes place in an environment of concurrency management. When Level of Service requirements fall below adopted standards, a mechanism is in place to stop building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. .- PUDZ-2003-AR-4332. Colonades at Santa Barbara PUD Executive Summary Agenda Item No. 17A Page 1 of 2 May 25, 2004 . Page 1 of 75 ".."-.______...._...,~,_..,._._.._"'.,_"..~"'''_,,.c. -"."-,-'*'~ ."'_......''''''''...._.H''''_.... ~".".'.....-.,.''',....'''.,w''...."...'"..~,-..",.,,"''.'.'d"'~'_",_." ., -, ""H"."""_;,,,,,_,_,__,,_,,,",,~,,,,~,,"^ " "'~""~'---"';-"''''''-''"--~''' This project seeks to develop a maximum of 35,000 square feet of office use floor area, however it is not known whether that amount of area will ultimately be developed; impact fee payments vary by land use type and this zoning approval does not provide the level of specificity to determine how the site will eventually be developed. Zoning approval grants the developer the ability to choose from a list of approved uses, however, the actual use determination is not provided to county staff until much later in the development process. The development of the property may result in future fiscal impact on County public facilities, however, it is important to note that the petitioner is reducing the intensity of the project from the originally approved potential square footage of development. Therefore the associated fiscal impact, including all applicable impact fees, will be less than or equal to the original estimated fiscal impact, excluding changes due to rate schedule increases. Additionally, there is no guarantee that the project at build out will maximize its authorized level of development. Other fees will include building permit review fees, Fire Protection Impact Fees, Water and Sewer Impact Fees and other utility fees associated with connecting to the County's sewer and water system. Finally, the property owners will be required to pay ad valorem taxes based upon the commercial development that occurs on the site. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The subject property is designated Golden Gate Commercial In-fill Subdistrict, as identified on the Golden Gate Area Future Land Use Map of the Growth Management Plan. This subdistrict was ,-- expanded to include the subject site and specific criteria established for this site (Growth Management Plan Amendment petition CP-2000-7). These criteria are very specific and are the result of considerable scrutiny of petition CP-2000-7 through the public hearing process. The PUD document includes the criteria therefore the petition is consistent with the Growth Management Plan. ENVIRONMENTAL ISSUES: The Environmental Review staff has reviewed the petition and the PUD document and addressed any concerns within the PUD document and the Master Plan. This petition was not required to submit an Environmental Impact Statement because of its small size; therefore the petition did not need to be heard by the Environmental Advisory Council. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard by the CCPC on April 15, 2004. The petitioncr provided a lctter that proposed several changes to the PUD document to address negotiations with the neighbors. The CCPC approved a motion (8 to 0) to forward Petition PUDZ-2003-AR-4332 to the Board of County Commissioners (BCC) with a recommendation of approval. The changes to the PUD document have been incorporated into the PUD document prepared for the Board of County Commissioners hearing. STAFF RECOMMENDATION: Staff recommends approval of the request for Petition PUDZ-2003-AR-4332 subject to compliance ,,"'~ with the proposed PUD document, and as otherwise described by the Ordinance of Adoption and Exhibits thereto. PUDZ-2003-AR-4332. Colonades at Santa Barbara PUD Executive Summary Agenda Item No. 17 A Page 2 of 2 May 25, 2004 Page 2 of 75 ~_.._- COLLIER COUNTY ,- BOARD OF COUNTY COMMISSIONERS Item Number 17A Item Summary This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members, PUDZ-2003-AR-4332 Colonades Medical Park. LLC. represented by Richard D, Yovanovlch, of Goodlelte, Coleman and Johnson, PA, and D, Wayne Arnold. AICP, of Q, Grady Minor & Associates. p, A" requesting a rezone from "E" Estates to Commercial Planned Unit Development (CPUD) for a project to be known as the COLONADES AT SANTA BARBARA PUD, to allow aevelopment of a maximum of 35,000 square feet of mixed office uses. Property IS located at the northwest comer of Golden Gate Parkway and Santa Barbara Boulevard, in Section 29, Township 49 South, Range 26 East, Collier County, Florida, consisting of 6,83:t acres, Meeting Date 5/25/20049:0000 AM Prepared By Kay Deselem, AICP Principal Planner Community Development & Zoning & Land Development Review Environmental Services Approved By Susan Murray, AICP Zoning &. Land Development Director Date Community Development &. Zoning II. Land Development Review 4123/2004 12:58 PM Environmental Services Approved By ,- Community Development II. Joseph K, Schmitt Date Environmental Services Adminstrator Community Development & Community Development &. 4!2312004 3: 18 PM Environmental Services Environmental Services Admin, Approved By Ray Bellows Chief Planner Date Community Development & 4'261200411:26 AM Environmental Services Zoning II. Land Development ReView Approved By Marl< Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 514/2004 8:35 AM Approved By Michael Smykowski Management &. Budget Director Date County Manager's Office Office of Management & Budget 514120049:05 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 515120043:37 PM Approved By Constance A. Johnson Operations Analyst Date Community Development &. Community Oevelopmenl & 51512004 4:43 PM Environmental Services Environmental Services Admin, - Agenda Item No, 17 A May 25, 2004 Page 3 of 75 ~'''---''--''.'-~ -"---- Co1W~r County - ~~~ ~ STAFF REPORT COLLIER COUNTY PLANNING COl\'lMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: APRIL 15, 2004 SUBJECT: PETITION PUDZ-2003-AR-4332 AGENT/APPLICANT: Owner: Colonnades Medical Park, LL Agent: D. Wayne Arnold 9240 Bonita Beach Road, Suite2206 Q. Grady Minor & Assoc. Bonita Springs, FL 34135 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: The petitioner wishes to rezone approximately 6.83 acres of land currently zoned Estates ("E") to Commercial Planned Unit Development (CPUD), The project will be known as the Colonades at Santa Barbara CPUD. GEOGRAPHIC LOCATION: The property is located at the northwest corner of Golden Gate Parkway and Santa Barbara Boulevard, in Section 29, Township 49 South, Range 26 East, Collier County, Florida. (See illustration on the following page.) PURPOSFlDESCRIPTION OF PROJECT: The petitioner proposed this PUD to allow for medical and other professional office uses pursuant to the Growth Management Plan (GMP) requirements for the Golden Gate Area Master Plan Commercial Infill Designation within which this parcel is located. That designation establishes specific criteria within which development can occur. The subject site is undeveloped. The western 5.3:!: acres of the site consists of a Pine Flatwoods Florida Land Use Cover Classification System (FLUCCS) 411 plant community; the remainder of the site, a narrow strip of land running parallel to the Santa Barbara Boulevard frontage, is a FLUCCS 740 Disturbed Lands plant community, which is a cleared tract dominated by turf grasses. (See Agenda Item No. 17 A May 25, 2004 C'AdLib eXpress\Work'rad60AA6,tmp,doc Page 1 of 9 Page 4 of 75 ,-, aerial photograph on the following page.) The project proposes a maximum of 35,000 square feet of total leasable floor area to allow development of general and medical office uses. SURROUNDING LAND USE AND ZONING: (See attached Zonine Mau) North: single-family residential uses within the "E" zoning district East: Santa Barbara Boulevard, then commercial uses within Santa Barbara Square, zoned C-4 South: Golden Gate Parkway, then the Golden Gate Church of Christ. zoned "E" West: single family residential uses within the "E" zoning district ;;- .~. -; -. F'~' ~J, ~1if." ~~ '':1'' ~...' ~ ", ~ ~ '-. '. 'I I I (~ .~t- ~ ,.. ~. . _. '~.~!t. .,. .'. ... . .. . , "J ~.-: . ,..>: :- 0",)/' ',~ ,'.~' . t,' .'::.~.~. ~...~.... :;~. 'l~' · , ,'! 4~ W."'..J~-t\.~.'.,. 1nW:.. >) l~<< ,_.. . . "'"l "::. .. """J> .' ..,~~ ...' ...:.. " 4 .' ,.t_~ I 'Jff:,,' ~ ,.IlJ' ...~..., ~,~t~ .~ ~ - ,', I - . . ' ~ ,. . ' ... r' .:c. " '" ...L., - . , ' .,,~, ~<' 0 . .. "''a',' " - "', .' "'.'..~..? ' ", :) .,', .' ~ III . n.' , . '" . . ~ \, ~?i.:. ',. .~~,;.,,~~..~,.,.~...d;;Q:. .: ~" ',fI:' ,"',: " ~'t :.:.:~',,";I?', I-'~' \~:_ ~",. ~. ~ .,.... ~..~ ~,J!:~ I<J . 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C.p)"ighlfC)2IlIIZCellillrC~..tlP...,..rf.14pp.r-N~p....n~~',. ~..&t;,:",.t, "',~'~' .,. ~'I.rti ~_ ,,_~ _. _ _ _ _ ___ _ --'- . .:-<"')11I. ........ . WJ l.!l!D lIL~ ,._ ..-:'" Aerial Photo (property line depictions are approximate) ;"-0 Agenda Item No, 17A May 25, 2004 C'AdLib eXpress\Worklrad60AA6,tmp,doc Page 2 of 9 Page 5 of 75 ----.. .~."" ...-,-.--- - "----- 2.11H C'T s.w. I I c.4 @ 0 I : SANTA BAIlBARA S~to,R( :n y" .;"~ ~ _____-- COlD~ CAlE PARKW...l -- 11! FJARICWAY 1 113 I , 21 '1 p.u." aD 2~1H PLAC! S .......111 c ~lp CI:: 12 ~ 11 "1 w ..J " I!. II ' (Not to same scale and not matched lines) GROWTH MANAGEMENT PLAN CONSISTENCY: Comprehensive Planning Staff has reviewed this petition and has provided a memo dated January 23, 2004 that contains their analysis and recommendation. That memo is quoted below, with the requirements of the GMP shown in italics and staff comments following. The subject property is designated Golden Gate Commercial In-fill Subdistrict, as identified on the Golden Gate Area Future Land Use Map of the Growth Management Plan. This subdistrict was expanded to include the subject site and specific criteria established for this site (Growth Management Plan Amendment petition CP-2000-7). These criteria are very specific and are the result of considerable scrutiny of petition CP-2000-7 thru the public hearing process. Relevant to this petition, commercial uses shall be permitted under the subject to the following criteria: a) Commercial uses shall be limited to low intensity transitional commercial uses that are compatible with both residential and commercial, to provide for small scale shopping and personal needs, intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C-l, C-2, or C-3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91-102), adopted October 30, 1991 (see comments further below). b) Rezones shall be encouraged in the form of a Planned Unit Development (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least forty thousand (40,000) square feet in area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan); (Property comprises 0[6.83 acres) Agenda Item No. 17 A May 25,2004 C'AdLib eXpressIWorklrad60AA6,tmp.doc Page 3 of 9 Page 6 of 75 ,.- c) Projects within the in-ftll area shall be encouraged to make provisions for shared parking arrangements with adjoining commercial developments when applicable; (N/A) d) Driveways and curb cuts for projects within the Commercial In-fill area shall be consolidated with adjoining commercial developments; (N/A) and e) Access to projects shall not be permitted from CR-951. (N/A) f) Any project located within the in-fill area at the northwest corner of Golden Gate Parkway and Santa Barbara Boulevard, less and except an easement for Santa Barbara Boulevard right-of-way, shall be subject to the following additional development restrictions: I, The site shall be limited to thirty-five thousand (35,000) square feet of building area. (Providedforin Section 2.2 C and 3.2 of the PUD) 2. Land uses shall be restricted to offices only. (Provided for in Section 2.2A. and Section 3.2 of the PUD document) 3. All principal structures shall be required to have a minimum setback of one hundred (tOO) feet from the project's northern boundary. (Providedfor in Section 3.4, 1,e) i., of the PUD) - 4. The northern seventy-five (75) feet of the western sixty (60) percent of the site shall be a green area (open space area). It shall be utilized for only water management facilities. landscape buffers, and similar uses. (Providedfor in Section 2.16, B and the PUD Master Plan) 5. The western sixty (60) percent of the site shall have an outdoor pedestrian-friendly patio area(s), that total at least five hundred (500) square feet in area and incorporate a minimum of: benches or seating areas for at least twelve (12) persons, and vegetative shading, and a waterfall or water feature of at least one hundred (100) square feet in area. and brick pavers. (Provided for in Section 2.16, C of the PUD and the PUD Master Plan). It is suggested that a representative sketch be provided. 6. A twenty-five (25) foot wide landscaped strip shall be provided along the entire frontage of both Golden Gate Parkway and Santa Barbara Boulevard. (Provided for in 2.16 D of the PUD) 7, A minimum buffer of thirty-five (35) feet in width shall be provided along the project's western boundary and along the eastern forty (40) percent of the project's northern boundary. A minimum buffer of fifty (50) feet in width shall be provided along the western sixty (60) percent of the project's northern boundary. Where feasible, existing native vegetation shall be retained within these buffers along the project's western and northern boundaries. These buffers shall be supplemented with Oak or Mahogany trees planted a maximum of twenty (20) feet apart in a staggered manner; and a seven (7) foot wall. fence, or hedge that will. within two (2) years of planting. grow to a minimum height of seven (7) feet and be a minimum of ninety-five (95) ,_., percent opaque. (Providedfor in Section 2.16. E of the PUD and the PUD Master Plan) Agenda Item No. 17 A May 25, 2004 C:'AdLib eXpress\Workv-ad60AA6,tmp.doc Page 4 of 9 Page 7 of 75 --"~.- "-'- ,-. ,,__..w,o" -.-" 8. All buildings shall have tile or metal roofs, or decorative parapet walls above the roofline, and buildings shall be finished in light subdued colors except for decorative trim. (Providedfor in Section 2.15, B. 1.) 9. Building heights shall be limited to one (1 )-story and a maximum of thirty-five (35) feet. (Providedfor in 3.4 Development Standards D. 1 of the PUD) 10. All lighting facilities shall be architecturally-designed, and limited to a height of twenty-five (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses. (Provided for in Section 2.15, B. 2; and reference made to Section 2.8 of the LDC in Section 2.15 B of the PUD but Section 3.4 D. 2. conflicts - need to add text to Section 3.4 d.2 as noted below under review of PUD document) II, There shall be no ingress or egress on Santa Barbara Boulevard. (Provided for in Section 2.13 K) FLUE Policy 5.4 provides that all new development must be compatible with the surrounding land uses. Comprehensive Planning leaves the determination of compatibility to Current Planning staff as part of their review of the petition in its totality. Additionally, the site is within the Corridor Management Overlay that runs along Golden Gate Parkway. The PUD may need to be modified to comply with the development standards of that Overlay. Comprehensive Planning leave this determination to Current Planning staff, COMPREHENSIVE PLANNING SECTION STAFF CONCLUSION: Based upon the above analysis, staff concludes the proposed uses and standards for the subject site may be deemed consistent with the Golden Gate Area Master Plan. ANAL YSIS: Staff has completed a comprehensive evaluation of this land use petition and the criteria on which a recommendation must be based. This evaluation provides an objective, comprehensive overview of the potential impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners (BCC). These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"), Agenda Item No. 17 A May 25,2004 C\AdLib eXpress\Work'rad60AA6,tmp,doc Page 5 of 9 Page 8 of 75 .- In addition, staff has provided the analyses from the different disciplines within the county who are charged with the review of land use petitions. Brief summaries of those analyses are provided below. Environmental Analysis: Environmental Services Staff has reviewed the petition and the PUD document and has addressed any concerns within the PUD document and the Master Plan. This petition was not required to submit an Environmental Impact statement because of its small size; therefore the petition did not need to be hea.-d by the Environmental Advisory Council. Transportation Analysis: Transportation Department Staff has reviewed the petition and has come to agreement with the petitioner regarding right-of-way reservations to address potential and planned improvements along Santa Barbara Boulevard and Golden Gate Parkway. Concerns raised have been adequately addressed in the Transportation Section of the PUD document. Transportation staff offers the following analysis: Policy 5.1 of the GMP Transportation Element states, "The County Commission will review all rezone requests with consideration of their impact on the overall system, and shall not approve any such request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service within the five year planning period, unless specific mitigating stipulations are approved. Traffic analyses to determine significant project impact shall use the following to dctermine thc study area: a. On links (roadway segments) directly accessed by the project where project traffic is equal to ',-' or exceeds 3 percent of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 3 percent of the adopted LOS standard service volume; c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 5 percent of the adopted LOS standard service volume." Policy 5.2 of the GMP Transportation Element states: "Project traffic that is less than 1 percent of the adopted peak hour service volume represents a de minimis impact." Upon review of rezone petition PUDZ-2003-AR-4332, staff recommends approval based on the following facts: This petition is for a mixed-use office development with a proposed maximum of 35,000 square feet of medical and general office uses. The TIS for this petition projects a total of 1265 trip ends on a weekday and a maximum of 128 PM peak hour trips. Trip distribution and percentages of peak hour volume on roadway segments are as follows: I Project Directional Distribution I ROAD FROM TO I % OF PROJECT PM PEAK HOUR I % CAPACITY AT SEGMENT VOLUME VOLUME ADOPT. LOS I Golden Gate 1-75 Santa Barbara Blvd. 100% 128 4.3% Parkway I Golden Gate Santa Barbara Collier Blvd. 25% 32 I 1,6% Parkway Blvd. : Santa Barbara Green Blvd. Golden Gate 25% 32 I 1.6% I Blvd, ParkwaY - I I Santa Barbara Golden Gate Radio Road 25% 32 I 1.8% Blvd. Parkway Agenda Item No. 17 A May 25, 2004 C:'AdLib eXpress\Workltad60AA6.tmp.doc Page 6 of 9 Page 9 of 75 ---.-- ""~ . -------., -- --_. The only segment of roadway impacted above 3.0 percent by the proposed development is Golden Gate Parkway from 1-75 to Santa Barbara Boulevard. This segment is currently under construction and is scheduled for completion the fIrst quarter of fIscal year 2005. The available and additional capacity introduced by construction will accommodate the proposed development without signifIcantly impacting any roadway segment. Therefore, this petition appears to be consistent with policy 5.1 and not applicable to policy 5.2. Utility Issues: The Utilities Department Staff has reviewed the petition and provided language in the PUD document to address potable water, reclaimed water and wastewater, as well solid waste collection and solid waste disposal. The project is within the service area of Florida Governmental Utility Authority. Therefore, it is not within the County Water-Sewer service area. Zoning Department Analysis: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, to the requirement or limitations set forth in the Golden Gate Area Future Land Use Map of the Growth Management Plan (GMP), The proposed uses are consistent with the GMP, which provides criteria for the scope of intensity of uses within the Golden Gate Commercial In-fIll Subdistrict. The actual uses proposed, as limited in the PUD document, should be compatible with the land uses that are now or may be developed on adjacent tracts. As discerned from the aerial photograph, the surrounding zoning discussion and the Master Plan, the site will be separated from other development by roadway to the south (Golden Gate Parkway) and to the east (Santa Barbara Boulevard). To the west, the subject property abuts a single-family home site. The Master Plan shows a 35- foot wide buffer area will separate the buildings on the subject site from the property boundary of the home site. The actual structure is located approximately 60 feet from that same property line, therefore the nearest structure on the subject property will be located at least 95 feet from the single-family home. The petitioner is proposing a maximum height for principal and accessory structures of one story (not to exceed 35 feet high), and a maximum height for architectural features of 45 feet. A single-family home site abuts the subject property to the north as well. The aerial photo indicates that there are several structures located on the parcel to the north, but it is impossible to identify each structure, so staff cannot ascertain the separation distances between the existing structures to the north and what is proposed on the subject site. However, the Master Plan indicates there will be a 75-foot side open space area and a 50-foot wide landscape buffer to separate uses in the western 411 feet and a 35-foot wide landscape buffer along the remainder of the property boundary, in compliance with the GMP Golden Gate Commercial InfIll designation requirements. The PUD document establishes a 100-foot north boundary and 35-foot west boundary building setback for both principal and accessory structures. Agenda Item No, 17 A May 25, 2004 C:'AdLib eXpress\Work'rad60AA6,tmp,doc Page 7 of 9 Page 10 of 75 - Staff believes the Golden Gate Commercial Infill requirements provide adequate limitations on uses as well as specific site design criteria, and therefore believes the proposed PUD will be compatible with the adjacent properties. Furthermore, staff has considered the availability of community infrastructure and services and the commitments made in the PUD document and has determined that development of the subject property is timely and consistent with the FLUE to the GMP. Deviation Discussion: The petitioner is seeking one deviation (see Sections 2.19 and 3.4.C.l.a) of the PUD document). The deviation seeks relief from LDC Section 2.2.21.3.2, (Corridor Management Overlay) which requires a 50-foot minimum setback along Golden Gate Parkway, to allow a 40-foot setback. The petitioner maintains that this reduction is appropriate because the site will suffer from development constraints because of the additional right-of-way taking along Golden Gate Parkway. Staff has analyzed the deviation pursuant to the requirements of LDC Sections 2.7.3.1.2. and 2.7.3.1.3. and finds the petitioner has adequately demonstrated "the element may be waived without a detrimental effect on the health, safety and welfare of the community" [LDC 2.7.3.1,3.1, and further, staff recommends approval of this deviation. NEIGHBORHOOD INFORMATION MEETING: .-.. The petitioner held a Neighborhood Information Meeting on September 11, 2003 that was attended by approximately fourteen individuals and the applicant's team and county staff. A few persons voiced opposition to commercial use at this site and stated that they were also opposed to the GMP amendment that established the Commercial Infill designation that now will allow commercial uses on the site. Concern was raised regarding access onto Santa Barbara Boulevard and Golden Gate Parkway; the applicant's agent explained that the concerns raises are addressed with the limitations that are included in the Commercial Infill requirements and the project will comply with those requiremcnts. A question was asked about parking requircments; thc applicant explained that the project would comply with the LDC regarding this issue. An attendee asked if this project would generate hazardous waste, to which the applicant's agent replied that medical wastes are governed by a separate set of regulations other than zoning, and the project would be required to comply with those regulations as well. STAFF RECOMMENDATION: The Department of Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDZ-2003-AR-4332 to the Board of County Commissioners with a recommendation of approval of the rezoning request from Estates to PUD, subject the limitations and commitments that are incorporated in the PUD document and the Ordinance that accompanies the PUD document. ,-, Agenda Item No, 17 A May 25, 2004 C:'.AdLib eXpress\Worklrad60AA6,tmp,doc Page 8 of 9 Page 11 of 75 ---_.~.~ -..-,,--- ".,-, .,,,_. _._-~"~,. ~ PREPARED BY: el~~'V 3 -:2:2- Dc/ K\ SELEM, PRINCIPAL PLANNER DATE DEPARTMENT OF ZON1NG Al'D LAND DEVELOPMENT REVIEW RE:VIEWE(} BY: -1'~~-- 4/c/oC; RA Y BLOWS. HIEF PLANNER I I DATE D1;PARTME~T OF ZON1'KG AND LAND DEVELOPMENT REVIEW -- J )..U/llj/~ ~ SlJSAN MCRRAY, AlCP. DIRECTOR DATE D1:PARTME~T OF ZON1NG AND LAND DEVELOPMENT REVIEW APPROVED BY: H K. SC 1 '~ (~7DATE A[~MINl RATOR UNITY DEVELOPMENT & E!'."VIRONME!'.iAL SERVICES DIVISION Tentatively scheduled for th.e May 25. 2004 Board of County Commissioners Meeting Allachmt:nts: Exhibit A: :{ezoning Findings Exhibit B: :>00 Findings COLLIER COLNTY PLA~ING COMMISSION: ~jj~ j;jJJ RLSSELL k BCDD, CHAIRMAN Agenda Item No. 17 A G:'.Curref1t\DeseJemIPUD Rezones,(:oIonades @Santa Barbara PUD. AR4332\STAFF REPORT doe Page 9~aa;e 2152 ~~~~ I -, -- " " , :ll:UIP"''lO''._ . _MC ~"'IIOYIl1llS ... , m.... - . --- .........- - ..... ~ <, i I _'M" I " ;Q./IDt..1I DfIl'U .........lIm...rs ... " ... ;- :floG m.~ I -. ,. 'If ... . --- -- i; I \JIUJIa...._ I ,. " I I ...:,. mll1D " " U - ... . I GATE QCIJD :r' ::rioJa " ,_. " ...~m.a LOCA TION MAP PETITION 'PUDZ- 2003- AR- 4332 - ._--. -.-.-...... .._..- ~ -~.~-,._.."..__..- Rezone Findings PETITION PUDZ-2003-AR-4332 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable. 1. Whether the proposed change will be consistent with the goals, objectives, policies, Future Land Use Map and the elements of the Growth Management Plan (GMP); The property is located within the Golden Gate Commercial Infill Sub-district as identified in the Golden Gate Area Master Plan. Specific development requirements are established in the GMP. and the PUD document contains appropriate references assuring compliance with the provisions of the Golden Gate Commercial Infill Sub-district. 2. The existing land use pattern; The subject property is located at the northwestern corner of the intersection of Golden Gate Parkway and Santa Barbara Boulevard. Properties at the northeastern comer of the intersection are zoned and developed with general commercial land uses. At the southwestern comer of the intersection is a church. Properties to the west and north are zoned estates and are developed with single- family homes. The proposed medical and professional office complex is consistent with the Future Land Use designation for this area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD was the subject of an amendment to the GMP to specifically allow a use of this type at this location. The services that will be provided by this PUD can serve the nearby residents. Therefore, the subject site will not create an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; The proposed district boundaries are logically drawn and they are consistent with the GMP. Rezone Findis Agendal!~. ~ - 5. Whether changed or changing conditions make the passage of the proposed amendment necessary; The site is designated for office uses, and the applicant intends to develop the property for medical and professional office uses. With the planned right-of-way expansion for both Santa Barbara Boulevard and Golden Gate Parkway. the property would be less suitable for residential use. Further, the Golden Gate Area Master Plan does not permit residential uses on the subject property. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; No adverse impacts to nearby residential uses will result from the proposed PUD rezoning. The GMP amendment pertaining to this property was adopted in 2001. This amendment restricted use of the property to single-story office uses, and included provisions for buffering and building setbacks. The PUD is consistent with these previously approved development standards. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding - land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The Transportation Services Division has reviewed the proposed PUD and has incorporated appropriate language into the PUD document, which renders the PUD compatible with surrounding uses and the Traffic Circulation Element. No level of service impacts result from this project. Therefore. the proposed PUD will not excessively increase traffic congestion. 8. Whether the proposed change will create a drainage problem; The project will be reviewed and approved subject to requirements of Collier County and the South Florida Water Management District The PUD document incorporates appropriate references to insure that no adverse drainage conditions will result from the proposed development. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The proposed office uses will be required to meet building setbacks and single- story height restrictions. When meeting these requirements, light and air will not be reduced to adjacent properties. - Rezone Find~S Agenda!;:~. ~ .-..--. ._- ~~, .- - ,.,.~.,- 10. Whether the proposed change will adversely affect property values in the adjacent area; This site is adjacent to other residential and potential residential uses. An appraisal of estimated future property values resulting from a rezone is not an issue addressed at the rezoning stage. Given the required building and development standards, no diminution of property values is anticipated. 11 Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The development of adjacent properties, in accordance with existing regulations, will not be affected. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; If the proposed rezone is determined by the Board of County Commissioners to be consistent with the GMP, the proposed change will not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Under the approved Golden Gate Commercial Infill Sub-district, only office uses can be developed on this site. The existing estates zoning district does not permit office uses: therefore, the rezoning to a planned development supportive of office uses IS necessary. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The request is consistent with the GMP, and is therefore, within the needs of the community, The GMP limits the site to a maximum of 35,000 sq. ft. of office use and single-story structures, and is of a scale appropriate for the surrounding area. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. It is not impossible to find other sites in Collier County: however, the petitioner wishes to construct office uses on this parcel. Rezone Findis Agenda~~. ~ - 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. While site conditions may restrict the location and square-footage of the office buildings, they would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The rezoning of this property will result in the development of an office complex. The Site Development Plan will be reviewed for compliance with the Levels of Service required for public facilities in the area. - ,,,- Rezone Findis Agenda~~. ~ ,,---_. _.~" ~,~"'- ~_._.~-_...,-_._,- PUD FINDINGS PETITION PUDz.2003-AR-4332 Section 2.7.3.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners be supported by the following findings, where applicable: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding area, traffic and access, drainage, sewer, water, and other utilities. The property is designated for office uses and has been so designated after approval of a site specific GMP amendment for the property. The site is located at the intersection of two arterial roadways and is well suited for the proposed professional and medical office uses. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may related to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. The petitioner has provided evidence that the PUD is under unified control. 3. Conformity of the proposed PUD with the goals, objectives and policies of the G~IP. Staff analysis indicates that the Colonades at Santa Barbara PUD is consistent with the goals, objectives and policies of the GMP. ~. The internal and external compatibility of the proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff analysis indicates that the PUD is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses, 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The PUD document and conceptual master plan make specific provisions for open space and preservation areas consistent with the GMP and Land Development Code. PUD Find~r Agenda~~ \6 - 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The PUD is required to meet concurrency requirements at the time of Site Development Plan approval. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The site is not designed, nor intended to provide for expansion, which is consistent with the intent of the specific provisions of the Golden Gate Commercial InfIlI Sub-district. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Staff analysis indicates that the Colonades at Santa Barbara PUD conforms to the PUD regulations, and the one deviation requested should not have a detrimental effect on the health, safety and welfare of the community, ,- - PUD Find~S Agenda!!~. ~ ._-~-_..,..- -,..- _.-,.._- -_.,,~ --, 3rd KE-SUHMITIAL PUDZ-2003-AR-4332 PROJECT #21)03020038 DATE: 1/21/0.. KA Y DESELJ~M - - - -.--- --;- - APPLICATION FOR PUBLIC HEARING FOR: 0PUD REZONE DpUD TO PUD REZONE P(:tition No.: Date Petition Received: Commission District: - Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Colonnades Medical Park. LLC Applicant's Mailin~ Address 9240 Bonita Beach Road. Suite City Bonita Springs State FL Zip 34135 Applicant's Teleph)ne # 239-498-9114 Fax # 239-498-6555 Applicant's E-Mail Address: Name of Agent D. 'Vayne Arnold Firm O. Gradv Minor & Associates. P.A. Agent's Mailing Address 3800 Via Del Rev City _Bonita Spring~ State FL Zip 34134 Agent's Telephone It 239-947-1144 Fax # 239-947-0375 COLl IER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 IHONE (941) 403-2400 / FAX (941) 643-6968 Agenda Item No, 17 A May 25,2004 "- Page 20 of 75 02127~)J ADPlication For Public Heari.!!! For PUD Rezone --- I - '" Be aware that Collier County has lobbyist regulations. Guide yourself acc:ordingl* and ensure that you are in compliance with these regulations. Complete the following for all Association(s) affiliated with this petition. (provide ulditional sheets if m:cessary) Name of Homeowner A!;sociation: i Mailing Address City State FL Zip I I I Name of Homeowner Association: Mailing Address City State FL Zip Name of Homeowner Ass,}ciation: Mailing Address City State FL Zip Name of Master Association: - Mailing Address City State FL Z;p Name of Civic Association: Golden Gate Area Civic Association Mailing Address 4701 Golden Gate Parkway City Naples State FL Zip 34116 Name of Civic Associatioll: Golden Gate Estates Area Civic Association Mailing Address 761 17th St. S.W. City Naples State FL Zi:> 34117 2. Disclosure of Interl:st Information: a. If the property is owned fee simple by an INDNIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership inLrrest as well as the percenta,~e of such interest. (Use additional sheets if necessary). Name and Addres; Percentage of Ownership - - - - Agenda Item No. 17A May 25, 2004 Page 21 of 75 02127/03 Application For Public Hearif!J' For PUD Rezone "-'-'."-'-'._.-~ -,- -' .-....-......-.. I b. If the propu1y is owned by a CORPORATION, list the officers and stockholders and the percentHge of stock owned by each. Name and Ad-tress, and Office Percentage of Stock - c. If the propeJty is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentaj~e of interest. Name and Address Percentage of Interest d. If the proper1 y is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the !:eneral and/or limited partners. Name and Addnss Percentage of Ownership Athina Kvritsm.. 9240 Bonita Beach Road 50 - Suite 2206. Bonita SDrin2S. FL 34135 ;lannos G. Grekos. 9240 Bonita Beach Road 50 ;;uite 2206. Bonta Sprin2S. FL 34135 I i e, If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, frustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Addre is Percentage of Ownership - Agenda Item No. 17 A May 25, 2004 Page 22 of 75 02127/03 Application For Public Hearir I! For pun Rezone -- - Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. \ Name and J\d.lress I g. Date subject property acquired (X) leased (): 09/2003 Term oflease _-YfS.lmos. If Petitioner has option to buy, indicate date of option: _ and date option terminates: _-' or anticipated closing date _' h. Should any changes of ownership or changes in contracts for purchase occur subsequent to) the date of application, but prior to the date of the final public hearing, it is the re3pOnsibility of the applicant, or agent on his behalf, to submit a supplementa., disclosure of interest form. 3. Detailed le2al descriDtion of the orooertY covered bv the aDolication: (If space is inadequate, attach on separate page.) If request involves change to more dum one zoning .- district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the 11l5: six months, maximum I" to 400' scale) ifrequired to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 29 . Township: 49 Range: 26 Lot: Tract 112 Block: Unit 30 Subdivision: Gold_rn Gate Estates Plat Book: .2----- Page #: 2L- Property 1.0.#: 38170000009 Metes & Bounds DI:scription: Please refer to attached le2al description 4. Size of DroDertY: )50 ft. X 850 ft. = Total Sq. Ft. Acres :t6.:~ 5. Address/2enerallo:ation of subiect DroDertY: Northwest comer of Golden Gate Parkwavand Santa Barbara Boulevard 6, PUD District (LDC 2.2.20.4): D Residential o Community Facilititls cg] Commercial 0 Indus~enda Item No. 17A May 25. 2004 Page 23 of 75 02/27L03 ADDllcallfJoJllor Public Hearill\! For PUD Rnone "---- ---'-- ~"'~~""-- .,"- ~---- I ~ Adiacent zoniDS! and land use: I. Zoning Land Use N E. Estates Residential S PUD Church E C-4 Commercial i I W E. Estates Residential Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate Jage). Section: _ Township: Range: Lot: Block: Subdivision: Plat Book: Page #: _ Property 1.0.#: Metes & Bounds Description: 8. Rezone Request: 'fhis application is requesting a rezone from the E. Estates zoning district(s) tc the CPUD zoning district(s). Present Use of the ])roperty: Vacant Proposed Use (or rcnge of uses) of the property: Office Original PUD Name: N/A Ordinance No.: 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 AND Section 2.7.3.2.5 of the Collier County Land Development Code, staffs analysis and recommendation to :he Planning Commission, and tIe Planning Commission's recommendation to the Boad of County Commissioners sha 1 be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reft:rence to the criteria noted belo~. Include any backup materials and documentation in Slpport of the request. Agenda Item No. 17 A May 25, 2004 Page 24 of 75 02127/03 Application For Public: "euri. 2 For PUD Rezone - - - PUD Rezone Considerations (LDC Section 2.7.3.2.5) 1. The suitability of the area for the type and pattern of development proposed in relation to physical cllIlracteristics of the land, surrounding areas, traffic and access, drainage. sewer, water, and other utilities. 2. Adequacy of Evidence of unified control and suitability of any proposed agreements. contract, or 01 her instruments, or for amendments in those proposed, particularly as they may relat,~ to arrangements or provisions to be madefor the continl4ing operation and maintenance of such areas and facilities that are not to be provided or maintained I at public expf.'l'se. Findings and recommendations of this type shall be m.ule only after consultation w.'th the county attorney. 3. Conformity of ~he proposed PUD with the goals. objectives and policies of the growth management plan. 4, 'I'he internal and external compatibility of proposed uses, which conditio",. may include restrictions on location of improvements. restrictions on design, and buffering and screening reqlll rements. 5. The adequacy 'Jf usable open space areas in existence and as proposea to serve the development. ,,,,,- 6, The timing or ..equence of development for the purpose of assuring the adequacy of available imprcvements andfaci/ities. both public and private. 7. The ability of the subject property and of surrounding areas to c.:ccommodate expansion. 8. Conformity wit}: PUD regulations, or as to desirable modifications of SUdl regulations in the particulal" case, based on determination that such modifications of justified as meeting public ,"Jurposes to a degree at least equivalent to literal appliCtltion of such regulations . 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many COlT munities have adopted such restrictions. You may wish tl) contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restric"ions. 10. Previous land useletitions on the subiect propertY: To your knowledge, has a public hearing been held 01 this property within the last year? If so, what was the nature of that hearing? Not to our knowled2e. Agenda Item No. 17 A May 25, 2004 Page 25 of 75 02127/03 ADDlicall~n For Public: HeariDl! For PUD Rezone -~'~,"" -~.-----_.. -_.-----" .,~_"""'.__""m ,__ '_r~""'___"~",,~,__'_ STATEMENT OF UTn..ITY PROVISIONS FOk ';TANDARD REZONE REOUEST -, I 1. Name of Applicart: Colonnade Medical Park. LLC 2. Mailing Address: 9240 Bonita Beach Road. Suite 2206 City Bonita Sprir.2s State FL Zip 34135 3. Address ofSubjec: Property (if available): Not available 4. Legal Description: Section: 29 Township: 49 Range: 26 Lot: Tract 112 Block: Unit 30 Subdivision: Golden Gate Estates Plat Book: 7 __ Page #: 2L Property I.D.#: 38170000009 Metes & Bounds Description: See attached legal description 5. Type of sewage disposal to be provided (check applicable system): a. County Utility System 0 b, City Utility System 0 c. Franchised lJtility System C8J I Provide Name Florida Govenunent Utility Authority d. Package Treatment Plant 0 (GPD capacity) e. Septic System 0 6. Type of water servi.;e to be provided: a. County Utili ty System 0 b. City Utility ;)ystem 0 c. Franchised Utility System C8J Provide Name Florida Govenunent Utility Authority d. Private System (Well) 0 7. Total population tOJe served: 35.000 Sq. Ft. Commercial 8. Peak and Average Laily Demands: A. Water - Pea~ 9.000 GPD A verage Daily 3.600 GPD B. Sewer - Pea]. 9.000 GPD A verage Daily 3.600 GPD 9. If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: 10, Narrative Statement: Provide a brief and concise narrative statement an:! schematic drawing of sewage lreatment process to be used as well as a specific statement regarding the method of eftluent and sludge disposal. If percolation POA!e~ 1IlIeM: ~ 7t,b.en May 25, 2004 Page 26 of 75 02/2i/0J ADDlicatiClft For Public "earin For PVD Rezone --- - ._- " ,- percolation data and soil involved shall be provided from tests prepared and certified by a professional engirleer. 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of tbe pre-application meeting notes; b. If this rezone is being requested for a specific use, provide twenty (2(') copies (this includes: HUI if affordable housing, Joyce Erns~ if residential and ImmokaleelWater Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [anti one reduced 8W' x 11" c( py of site plan], drawn to a maximum scale of 1 inch eq'l8ls 400 feet, depicting the following [Additional copies of the plan may be requested upon completion 0 f staff evaluation for distribution to the Board and van ous advisory boards such a:l the Environmental Advisory Board (EAB), or CCPC]; . all existing and proposed structures and the dimensions thereof, . provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), . all existing and/or proposed parking and loading areas [include matJix indicating ,- required ar d provided parking and loading, including required parking for the disabled], . required y~ rds, open space and preserve areas, . proposed locations for utilities (as well as location of existing utility s.%Vices to the site), . proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural ren dering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. o}f the Land Development Code (LDC) , or a request for waiver if appropriate. e. Whether or not an EIS is required, two copies of a recent aerial photograp~ (taken within the previous tweln months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification ~hall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of natiye vegetation on site, by area, and a calculation and locaton(s) of the required portion ofr ative vegetation to be preserved (per LOC Section 3.9.5.5.4.). Agenda Item No. 17A May 25, 2004 Page 27 of 75 0211;/03 ADDllcallc.n For Public Hearlr Il For PUD Rezone ,-'""...-- --..- -""....-.- ....~~...~ ..,,----~...~.- --- --.. f. Statement ofutili~, provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological surveyor waiver application if property is 10~Lted within an area of historical O~ archaeological probability (as identified at pre-application meeting); 1. Any additional r( quirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. J. An electronic versi)n of the PUD on a disk as part of this submittal package. k. Boundary Survey, 110 more than six months old - LDC Section 2.7.3.1.2.(8) Please be advised that Section 2.7.2.3.2 (3) of the Land Development COdl! requires an applicant to remove their public hearing advertising sign (5) after final action is taken by the Board of County Commissioners. Based on the Board's rmal adion on this item, please remo, e all public hearing advertising sign (5) immediately. Agenda Item No. 17A May 25, 2004 Page 28 of 75 02127/03 Application For Public Hurin. For PUD Rezone ._--. _ __u_ ,,- PUD REZONE APPLICATION SUBMITIAL CHECKLIST This completed checklist is to be submitted with application packet! Requirements #of Required Not Copies Reauired 1. Completed Applicatioll/PUD documents 24. X 2. Copy ofDeed(s) and list identifying Owner(s) and all 2. X Partn~ifaCo~mt~m 3. Completed Owner/Agc:nt Affidavit, Notarized 2. X 4. Pre-application noteslninutes 24. X 5. Conceptual Site Plans 24. X 6. Environmental Impact Statement - (BIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 5. X 8. Completed Utility Pro,isions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 X 10. Historical & Archaeolc gieal Surveyor W ai ver 4 X Application 11. Copies of State and/or :.ederal Permits 4 X ,-- 12. Architectural Renderinl~ ofProoosed Structure(s) 4 X 13. Pre-Application Fee, A:>plication Fee and Data - X Conversion Fee Check ~hall be made payable to Collier County Board of County Commission~ 14. An electronic version 0 f the PUD on a disk as part of the X submittal packet. 15. PUBLIC PARTICIPATION MEETING: X APPLICA nON SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associations and proJ>l..~ owner associations were notified. Copy of audio/video recording of public meeting. Written account (If meeting. 16. Affordable Housing Density Bonus Agreement 4 X includin~ all Applicaticns and Exhibits. 17. Boundary Survey (no mJre than 6 months old) 5 X 18. OTHER REQUIREMENTS: . Documents required for Long-& nge Planning Review .1 additional copy if for affordable housing As t:.'le authorized agent/applicant filr this petition, I attest that all of the information indicated on this checkli,;t is included in this ~ubmitta1 package. I understar d that failure to include all necessary submittal information may result in the delay of procf'SSing this p,:tition. ~- ~ ~~~ A~fl~l~ ~17 A Agent/Applicant Signature y' , 004 Date Page 29 of 75 02/27/03 ADDlIcatlOD For Public Hearin. For PUD Rezone .-."""- .... <..-.....-...... ,....-. --' '--- -l AFFIDA VIT We/I, Colonnades Medical Park. LLC being first duly sworn. depose and say that well am/are the owners of the property described herein and which is the subject matter of t,1e proposed hearing; that all the ans wers to the questions in this application. including the ,'isclosure of interest information, all s,retches. data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief We/I understand that the injor'1lation requested on this application must be complete and accurate and that the content of tNs form. whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete. and all rf'quired inJormation has aeen submitted. As property owner Wellfurther authorize O. Gradv Minor & Associates. P.A. and Rkhard D. Yovanovich ofGoodlette. Coleman. and Johnson. P.A. to act as our/my representati"e in any malters regarding this PeNion. -- Signature of Property Owner Zmnos G. Grekos - Typed or Printed Name ofC>wner Typed or Printed Name of Owner The foregoing instrument "as acknowledged before me this 15~ day oj-:r;;;",,, A'~ !Il/' by lk- ,24. '..n. _~ wh~ is personally known to me or has produco , e1t...s Q,v n //J )j.;I:J[,' JlL:.... as zdentification. ( , ~ State of Florida ary Public - State of Florida) County of.1 J-~~ ' 1fj~~ . t;) Mr co._,~lfllft *....' ~.. ExpIrM~" 110I' Notary Stamp Agenda Item No. 17 A I May 25, 2004 Page 30 of 75 ~ I -- , .- - COVENANT OF UNIFIED CONTROL The undersigned do hereby sv rear or affirm that they are the fee simple titleholders and owners of record of property commonly known as Folio # ~ 8170000009 Golden Gate EST Unit 30 TR 112 OR 683 PO 173 (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described hereiI is the subject of an application for commercial planned unit dovelo:)ment (CPUD) zoning. We hereby designate D. Wavne Arnold ofO. Grady Minor &: Assoc. PA and Richard D. Yovanovich of Goodlette. Coleml\1I and lomoD. P.A.legal representative thereo( as the legal representatives oftb= property and as such, these individuals are authorized to legally bind all owners of tho property in the course of seekinS the necessary approvals to develOl'. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of lpplicatioDS, plans, surveys, and studies necessary to obtain zoning approval on tho site. These representatives will remain the only entity to authorize development activity on the proferty until such timo as a new or amended CO\'ClWlt of unified control is delivered to Collier County. The undersigned recognize tho, following and will be guided accordingly in the pursuit of devel,lplDellt of the prc~ect: 1. The property will be dove, oped and used in conformity with the approved master pIan including. all conditions placed on the developmen' and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal ~tative id entified herein is responsible for compliance with all terms, conditions. safeguard.!, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless iIIlIl until a new or amended covenant of unified control is delivered to ud recorded by Collier County. - 3. A departure from the proyi lions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided it)!' in the p1an.ncd unit development process will constitute a violatioll of the Land Development Code. 4. All terms and conditions c f the planned unit development approval will be incorporated into covenants and restrictions which l'UJ1 with the land so as to provide notice to subsequent owners that all development activity within the planned unit devdopment must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditiclDS of the planned unit development, seck equitable relief as necessa:y to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned writ development, nd the County may stop ongoing construction activity until the projt:ct is brought -r into ~os, ,0000ti.... ODd oafogwuds oflhc plumed umt development - ----- Manager Member Owner Dr. Zannos G. Grekos Printed Name Printed Name STATE OF FLORIDA) COUNTY OF iii e L -.) J.. ~ ~- . Sworn to (0' .tlinned) Md..booribcd befon> me"", / s&- day of -:s/1 AJ r-<- A ""1: 2004 by )e., 2ANN D.5. 1!~~~ <:,. who is personally known to me or as produced \. ~s 0 #oJ A J /'1 JG, t:J k) 1J as identification. - "\ ~ 3rd RE-SUBMITTAL MllMYT.... PUDZ-2003-AR-4332 ~ t:)~c.."""DD1_4 PROJECT #2003020038 .. ~.tlo,."""17 2D DATE: 1/21/04 Agenda Item No'.17A KAY DESELEM (Serial Number, if any) May 25, 2004 F:\JOEl\Colonades at Santa ~amElr3\LUNING\COVENANT OF UNIFIED CONTROL. doc Page 31 of 75 ...--- .-- _..~ --.-- .----.. .~,,~"'- ---.... ---~ .~.. V"-I . 11IIII Current Ownership I Folio No,138170000oot ::J Property Add.....~ NO SITE ADDRESS I Owner Name COLONNADE MI:OICAL PARK U.c I Addresses 92.40 BONITA BE"CH RD STE 2201 City BONITA SPRJNGO statal FL ~ ZJ,~ 34135 - 4251 Legal GOLDEN GATE EST UNIT 30 TR I 112 OR 683 PG 173 I Section r Township 3 Range I A~ I Map No. l Stnlp No. I 29 49 28 6.83 4B2t 335500 112 04B2t I Sub No. I 335500 GOLDEN GATE EST UNIT 30 '1J I "!J Min- I "'fJ1.l1t~ 0 VACANT RESIDENTIAL 10 13.8244 - 2003 Final Tax Relll Values Latest Sales HistDry Land Value $ 278,615.00 Book " Page Amount (+) Improvld Value S 0.00 3392 - 4 $1,010.000.00 (-) Market Value S 276,815.00 H SOH Exempt Value SO.OO (=1 Assessed Value S 278,615.00 (-) Hom_tead and othltr Exempt Value $ 0.00 (=) Taxable Value e S 276,615.00 SOH = "Save Our Homes" &empt value due III :ap on assessment increases. - The Information is Updated Weekly. Agenda Item No. 17 A http://wmv, collierappraiser,com/Rel:ordDetail.asp?F olioID=000003 8170000009 May 25,2004 Oage 32 0.hI3/2004 ,-- l . Division of Corporations Page 1 of2 . ,'- Florida Limited Liability COLONNADE MEDICAL PARK, LLC PRINCIPAL ADDRESS 5117 CASTELLO DRIVE, SUITE 2 NAPLES FL 34103 MAILING ADDRESS 5117 CASTELLO DRIVE, SUITE 2 NAPLES FL 341 03 Documeut NumlM,r FEINumber Date FUed LOI ??oo18 130 593752902 10/221200 1 State Statu. Effecdve Date FL ACTIVE NONE Total Contribudo:l 0.00 - Registered Agent I Name & Address ~ I MUR.RA Y. PAUL A ~ 5667 NAPLBS BLVD NAPLES FL34109 I - Addn:a Cblllpd: 0510912003 ==:J Manager/Member Detail I Name & Address II Title I C KYRITSIS, A nnNA L G 207 MERMAIDS BIGHT NAPLES FL 34103 C GREKOS, ZANNOS G B 207 MERMAIDS BIGHT NAPLES FL 34103 Agenda Item No. 17 A May 25, 2004 Page 33 of 75 http://ccfcorp.dos.state,t1.usIscripts/cordetexe?al =D ETFIL&n 1 = LO 1 0000 1813 O&n2=N AMFWD... 1/14/2004 __,_w."_',__'^_ .,^_ .--... - - ._-. _._,~_." --- I . Division of Corporations Page20f2 . Annual Reports I Report Year 1/ Filed Date I I 2002 II 0810 112002 I , 2003 II OSlO9lZ003 I :1 ~ ~ l:~,,--,,':,ci\!j:. " j ,-(;"';i'l1! ~{n ::1:"1 1..'("#; '-i11' J No Events No Name History Information Document Images Listed below are the images available for this filing. , ] I I I i TIDS IS NOT OFFICIAl, RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICf , I , - : -,1)')1"';' ,I." I ,'- . - ~ i : Agenda Item No. 17 A May 25,2004 Page 34 of 75 htto://ccfcoro.dos.state.tluslscripts/ct)rdet.exe?al =DETFIL&nl =LOl 00001 8130&n2=NAMFWD... 1/14/2004 , . , . I _' 2003 LIMITED LIABILITY COMPANY I UNIFORM BUSINESS REPORT (UBR) i !?~~ENT# L01000J18130.' ; ca.ONNADE MEDICAL PARI<. LtC 'F l LED I . . r 03 HA1-~) PH 12: ~O PrfnclpeI PIIce 01 Bulin" MIing AddreSs I 5117 CASTa10 DIIYI. stm Z 5U7 CASTRLO 11M. SIJTE 2 SEC{,(E'j~~'( OF STAtE NAfUS R. "~o:I NANS R. :MIGI TALLAHASSEE. FLO"IOA .. ____ .. __ 11.lm~I.IIIIWlI.D SlAa, Aclt I, .. Sl*,,\pt. to 8lC. 0 CHECIC HER~ F MAI<NJ ~ CIy&s.. Cky6Slale 4. Fa~ 59-3~ : 8:--~ ZIp I Co.I*Y Zip C(UIIry .. CerIllIc:.- CIl StaIUI 0IMcI 0 $5.00 AdlIIanII ,. Aequhd .. MaIM........... 01 CumtIIt ::t....... Aaent 7. ......... AdcINU at .... R.glI..... AiIenl MURRAy, PAll. A Name 'Pl"l. ~ \ ~ . l...'~nTu.." i 5111 CASTB.LO ORNE. $UTE 2 ~~i;;,:.;. ,. ",00. .. Not -r::rI\Jjl I NAPlES R. 34103 · I ~Iy f'J,"" -'-- FLj~ .. The.-- "*'*' entity Ilbnitl t1iI SlalImert lor 1he pIMpOI8 of c:hInging III reglsItnld o/tICa or ,..ed agM. or belCh. in the StIIIII 01 R:ridI. I."..... WIlt\, Ifld IICCeP the cbI1ga11cr11 01 reglsl8nId IgeI'L I I ~~ . I ~...... ""'*'" _.................. .d _.....-. lNCJ1'E; ........... __ __ _..-.. OG! , I FI~ NOWUI FEE IS _00 Make Check Payable to FIorIdt Department of Statlt . f Due By ..., 1. 2003 : .. MANAGlNGMEMBeA3/MANAGEAS 10. AOQmQNS,CHNaSI 1lTtI 1IGR 0 CIIIIlI mu -. I 0 a.g. 0 AddIIa IWlIlE K'fRTSIS. ATHNA l NAME E. 000 1 81:;839 1 6 Sl1IEtTMlDIESS 207 MEfWIDS BIGH1' SlllEET.IlDISS 05/09/03--01092--003 1.*311 ?S CITY.sr-ZIP' NAPlES Fl34103 cnv.sl-ZI' . Co llTll "lQU 0 IleIelt TITlE ' 0 QqI 0 MdIIIll ME GFII<os' ZAHNOS G NAME snmmel 'J5J71ERMA1DS BIGHT snm MD&S CITY. Sf-ZIP' HAfIlES R. 34103 CITY - Sf- ZIP ~ 1tU 0 0IIclI mu I 0 Cl'eCt 0 AdID IWIE NAME STllEETAIlllllOS S11&TAllllRESS I CITY _ Sf-lIP CIlY. ST - ZIP I lIl\1 0 OM I1TLE I 0 QIIIgI 0 AdlIIIa IWlE IWIIE Sll'IEET ~ ' S1I&T AllllRESS ' CITY.SJ-ZI' erN-ST-ZP t rmE 0 0_ nTU i 0 a... 0 AddIIllI NoWE tWolE ST1&TAOCIlESS STllElTAIlCIAESS ~ CITY. Sf.ZI' CITY-SHIP I 1Jl\E 0 0IIeIe Tm.E ' 0 Qwlge 0 Adlitlal HIllE. IWIIE ' SlNET.lIlOIISS Sl1IEET AIlOlBS CIIY-Sf.ZI' J crrt-$f.ZP Agenda Item No. 17 A 11. I hefeby cerllly \hal the Iflfom1a~.oI.. led wlfll~ fling doeS not quaMIy 101' \he exemption stalAld in Sectlon 119,Q7(3XI), Florida ,~. tlelnfamllljan Indicated on thll report Is true ur and that 11)' sigl'llllure siIalI have the san. legal ellllCl .. it made under 08tti: that I am a ~ ~ ~ ot ". limited llIbWty cCJI!lPllrtY 01' 'II<' 8mllQWtfild liD e)(~. tnle repOI'1 .. requlnId 1Iy Ct1lIptw eoe. FlOI'Ida S1alU8I, "~ - - l' ~._..._ .~~~ ,~~k'l1ll'; J:wm~'w.l:;ln..J u. L ~ A </1. .117:) l.::l~t~/.' 'J~ -~-,..._.. "---- - - - ~I r PUDZ-2003-AR-4332 PROJECT #2003020038 DATE: 6125/03 KAYDESELEM SURFACE WATER MANAGEMENT REPORT FOR THECOLONADESATSANTABARBARAPUD Prepared by: Q. GRADY MINOR & ASSOCIATES P.A. CIVIL ENGINEERS ## LAND SURVEYORS ## PLANNERS 3800 Via Del Rey Bonita Springs, Florida 34134 (239) 947-1144 JUNE 2003 . Agenda Item No, 17 A May 25, 2004 F:'JOEi\Colonades at Santi Barbara\Cds\S'~ MRPT.DOC Page 36 ota~ .."_.~.."--"'''--'"- - _n I r SURFACE WATER MANAGEMENT REPORT cOtONADES AT SANTA BARBARA PUD The Colonades at Santa Barbara PUD is a request for PUD zoning of approximately 6.83::1: acres for a mixed-use office developI [lent The project is requesting approval for the development ofup to 35,000 square feet of office devel Jpment, in, :luding medical and general office uses. The project site is located on the northwest comer of the intersection of Golden Gate Parkway and Santa Barbara Boulevard in Section 29, Township 49 South, Range 26 East, Collier COlmty, Florida. EXISTING FACILITIIS: The propOsed site is currently undeveloped. There i9 no control structure and all flow is (lver land into the Golden Gate Parkway and Santa Barbara Boulevard Rights-of-way. The propc rty is located within the Main Golden Gate Canal Drainage Basin. PROPOSED F ACILITJl:8: The proposed project will provide water quality storage in a series of interconnected dry detention storage areas. DRAINAGE INFORMK~ ,..- 1. The project shall ccnsist of a single drainage basin. The drainage basin area is 1he total site area less the future right-of-way reservation. (6.83 - 0.65 = 6.18 acres) WATER QUALITY ANALYSIS 1. First Inch: 6.18 acr,~ x I-inch x (I-foot per 12-inches) = 0.52 acre-feet. 2_ 2.5 inches times percent of impervious a. ImperviOUI Area = 2.55 Acres b. Percent Impervious (2.55/6.18) = 41.3~. c. 2.5" x percent impervious: 2.5 x 0.413 = 1.03 incnes d. Volume required for water quality: 1.03" x 6.18 acres x 1 "/12' = 0.53 ae-ft. 3. 0,53 Ac.-ft. controls . The water management system will provide water quality storage for the turn lane improvements in Gol fen Gate Boulevard within the project system. This impervic.us surface has been included in :he above calculations. Agenda Item No. 17 A May 25, 2004 F:\JOB'Colooades at Santa Barbara\Cds\SW\ffiPT.rxx: Page 37 &kJ75 ~_...- -- _o...~ ~..w, ., , -, -- I '.P" ,~. r , . GOLDEN GATE PARKWAY I SANTA BARBARA PARCEL. +/- 5.48 ACRES Collier County I Section 29, TownshiJ: 49 South, Range 26 East Protected Species Survey Prepared By: Boylan -~' Environme~ Consultants, " c. I t I Wetfor.d ~ Wildlife S/l~mtllral Pennill/lfg. '",pact UUJmtll1S ) 1000 Metro Parkway, Suite 4, Flirt Myers, Florida, 339 [2 Phone: (941) 418-067) Fax: (941) 4IS..{)672 April 6, 1999 PUDZ-2003-AR-4332 PROJECT #20030200::8 DATE: 6125/03 KA Y DESELEM Agenda Item No. 17 A May 25, 2004 Page 38 of 75 -- .---------- . . ,'I .,. ,..-..._ ~wI Golden Gate PUkway I Santa Sarban Protect,eeI SpecJc:s Survey Pace 1 or 3 SITE LOCATION The property is located on the northwest comer of the intersection of Golden Gate Parkway and I Santa Barbara Blvd. in ~:ection 29, Township 498, Range 26E, Collier County, FJcrida. The site , is bordered by roadways on the east and south sides. The west and north sides ofae parcel are bordered by occupied re:ddentiallots. METHODOLOGY The species survey was conducted on March 29, 1999 by two environmental scientists from Boylan Environmental C)nsu1tants, Inc. The tiime of day was approximately from 12:00 p.Ol. to 2:30 p.m. The temperature was in the low 800s, and cloud cover varied from 0 to 2S percent. The survey method is conprised of a several step process. First, vegetation communities or land- uses on the study area are delineated on an aerial photograph using the Florida Lami Use, Cover and Forms Classification System (FLUCCS). Next, the FLUCCS codes are cross-n:ferenced with a species list that names the species which have a probability of occurring in a particular FLUCCS community. See attached table entitled "Potential Listed Wildlife Specie~". - With a list ofthe potential listed plants and animals, each FLUCCS community is 5e'arched in the field for these species. AIl intensive pedestrian survey is conducted using belt transt~cts as a means of searching for plants and animals. In addition, periodic "stop-look-listen" and quiet stalking methods are condtJcted for animals. Signs or sightings of these species are then recorded. Listed below are the FLUCCS communities identified on the site. The following community descriptions correspond to the mappings on the attached FLUCCS map. See Florida Land Use, Cover and F onns Classificltion System (Department of Transportation 1985) for definitions. FLUCCS 411, Pine Flamoods Slash pine and occasional cypress in the canopy with scattered saw palmetto in the groundcover dominate this community. Other vegetation includes grapevine, poison ivy, beauty bc~rry, smilax, caesar weed. love vine, cabbage palm, and penny royal. Brazilian pepper has begun to invade the westernmost portion of the property. Beeause the groundcovers are not wetland vegetation, it is anticipated neither SFWMD nor ACOE will consider this community as jurisdictional wetlands. FLlfCCS 740, Disturbed I.ands This area of tile property was previously cleared for the Santa Barbara Blvd. right of way. It is dominated by turf grasses. It is anticipated neither SFWMD nor ACOE will consider this community as jurisdictional wetlands. Agenda Item No. 17 A May 25, 2004 Page 39 of 75 \\BEOC\BEOGG Parkway-SB (99033)\specil:s survey,doc _0'- .------ --- '_0." .- .""-..-. ..~_. c~,~__.~._,. , , , ' ''" ',I Golden Gate ParkwlIY I Sanla Barba,. Protected Species Survey Page 3 of3 SPECIES PRESENCE The various listed speci es which may occur in the FLUCCS communities have been tabulated on i the attached table. Dur.ng our field investigations. bo listed species were observe:i. ! . . DISCUSSION No listed species or sigriS oflisted species were observed on the parcel. Other wildlife observed included a mockingbird. I I Agenda Item No. 17 A May 25,2004 Page 40 of 75 \\BEOOBEOGG Parkway-SB (99033)\species survey.doc --- - .-_. ..- - -- .---- >> . . . - PUDZ-2003-AR.4332 PROJECT #200:l020038 DATE: 6125/03 KAY DESELEM TRAFFIC IMPACT STATEMENT FOR COLONADESATSANTABARBARAPUD - .~~ Prepared by: -C~~~?{01 Q. GRADY MINOR & ASSOCIATES, P.A. CIVIL ENGINEERS. LAND SURVEYORS. PLANNERS 3800 Via Del Rey Bonita Springs, Florida 34134 (239) 947-1144 May 12, 2003 Agenda Item No. 17 A May 25, 2004 F:IJOB\Colonades "t Santa Barbar.a\Ccls\{:GGTISDOC Page 41 of 75 GCG ----..- - I .. . , Page 1 COLONADES AT SANTA BARBARA PUD INTRODUCTION '[he Colonades at Santa J 1arbara PUD is a request for PUD zoning of appro:ximate1y 6.83% aaes for a mixed-use office develoJ: menl The project is requesting approval for the development e>fup to 35,000 square feet of office devc:1opment, including medical and general office uses. The project site is locatei on the northwest comec of the intersection of Golden Gatt: Plllkway and Santa Barbara Boulevard in Section 29, Township 49 South, Range 26 East, Colliec County, Florida. For project location please refer to Figure 1, Location Map. Please refer to Figure Z, Mastec Concept Plan for general configur.rtion of access points. SCOPE The following analyses me included in this report: 1. Trip Generati.oIL Calculations (at buildout) presented for Peak Season Daily Traffic (PSD11 inc1udhg the respective ~ hour volumes. 2. Existing Traffic Volumes on adjacent arterial roadways; AADT volumes, PSDT volumes, and L ~el of Service (LOS). 3. Discussion of iIapacts to roadways. - TRIP GENERATION Trip generation rates are I~ted using 6th Edition Trip Generation published by the Institute of Transportation Engineers. Land Use Code 720 is used to estimate trip gencntion for the project:, since Medical Office use is the highest traffic generating use proposed. A summary of the Trip Generation Calculations for the proposed project is shown on Table 1. The trip generation for the proposed project is estimated to be 1,265 trip ends for daily traffic votmne and 128 trip ends during the highest peak hour (PM). No significant amount of internal OI'i>ass-by capture is expected for the proposed uses, so no adjustment is made to the trip generation calculation. Please refer to theDISCC/SSION section for details concerning the effects of these traffic volumes on the level of service for roadway links adjacent to the project. F:'JOB'IColmades III Sama Barbana'DJ! '\GGGTIS.DOC Agenda Item No. 1fJf.!G May 25, 2004 Page 42 of 75 ,,- ^".,,,- "",,-,.. ....-",~_"",....,.._,"'....""""'--",...."""""'-="",""_'>t,.......''"..n , . . . - Page 2 DISCUSSION The radius of development influence for the project extends only to the links immediately adjacalt to the intersection of Golden Gate Parkway and Santa Barbara Boulevard. Please refea' to Table 2 for a snmmary of the proj.m expected trip distn"bution. The only link for which projcd generated traffic represents more thin 3% of capacity of the adopted LOS is Golden Gate Parkwfty adjacent to the project site. This is due to the necessity for all project traffic to entel' and exit from the property wing the single entrance located on that roadway link. Existing traffic volumes 011 the surrounding roadway links are presented on Table 3. The links of Santa Barbam Boulevard from Green Boulevard to Golden Gate Parkway and from Golden Gate Parkway to F.adio Road are currently operating at LOS D. The minimmn level of service standard for these links is LOS D. There is a small amount of excess capacity available at this time. Golden Gate Parkway from 1-75 to Santa Barbara Boulevard and from Santa Barbara Boulevard to Collier Boulevard are curr,mtly operating below their minimum service standards of LOS E and LOS D, respectively. - The 5-year capital improvement element includes funding for design, right-of-way acquisition, construction, and inspecticn on both Golden Gate Parkway and Santa Barbara Bouleva:d in the next three fiscal years. Wideni.tlg of Golden Gate Parkway (west of Santa Barbara Boulevard) and Santa Barbara Boulevard (both n.)rth and south of Golden Gate Parkway) from 4 to 6 lanes is planned. The segment of Golden Gate Pakway east of Santa Barbara Boulevard is listed as a COnstraiIled roadway. The operating level of service will remain at an acceptable level with these improvements through buildout oftbe project. F:IJOB\Colooacll:lc SanIa Bart.ra'Cda\( GGTIS.DOC Agenda Item No. 1tiW May 25,2004 Page 43 of 75 -~"-""-- --".- ~,-~ 01/Z9/Z003 lED 10:40 FA! ,!39 947 6783 grad1 Ilnor ~ ,~~. 100Z/001 ADDRESSING CIlECKUJT Please complete the followiJ:gg subinit to the ~ Section ir R.cMew. Hpt all iteqJa win ~to everv moicd:. Items in bold twe are1'UlUiTcd.. 1. Legal dacripdoll of subject pto~ or propaties (mpy ufllmgtAy d.-~ ma.1118 ultIIdIal) Tract 112.. Ooldm Gate ~ Unit 30. II rcoorded in Plat Book 7. Pue58 t1l PnbHc Records of CollietCountv -z..q - 4- ~ - ~(.. ~~ ,. ~. 2. FolD (Property ID) mIDlhtl'(t) of IJ:xWe (attach to. or tmoeIaJe wtt!. ~ dGcrlptItM I/mtNW tMn f11III) ~817Q0()()()()9 3. Street addnla 01' Iddreue. (Cb appllctzb1., i/tdtwad1 arIgMdJ . Not aMi.,m ... Locatio. map, showing exact location of project/site ill rela&a to De8l't:St public road ti;#<<-way 5. Copy ofsarvey (NmmBIt ONLY FOR. UNPLATrED PlWPBRTlES) 6. Proposed project MlD.O (jf app1li::tz1M) CoIOflades at Sant::l Barh~ 7. P:roposal Street DI:I!1!S (If a,~) NO( applicable 8. Site DeveIDpmeaf. Ph... N12mber (FOR. EXISTING PROJECI"SISl"I'B ONLY) SDP - 9. fetid_ Type- (Complctl: a scpuate A.ddrcssiq ~hlt 1br cadi PetitiaG Type) B SDP (SIte O"'.p'ualt Plan) ~ PPL (PIom APIolhYR) SDl'A (SOP Am~:at) PSP (PreIiDdDIIy Sabdfvbim Plat) B SDPI (SDP Ib.uh.bdial ~) . PP (PJDaI Prill) SJP (Site l:mpzovcmc:m P1ao) !LA (Lot IJM AdjuIII:meDt) 8 S1PA (SIP--'"l B BL CBlasdDa Pamit) SNll (Strcr::t Name Olrote) ROW (Ri~WayPermit) V~ (Vq~ llcmoval Pcunits) D BXP ~Pemrlt) t8J LImcl Ute Petition ~imce. CooditioJW OIQ, o VRSFP (Vcg. RaDoftl &: Sm: pm Pa::mit) , Boat Dock Bxt., Rsmni,- PUD ~.) o Other- Dcectibe: , J.Q. Project or chM::Iopmmt nBDU!8 proposal iJr, or abcady appeui:Dg in. gondnmMrirlm doPftlr~ Of applicable; iDdicatll whethc:--proposed or c:xiJtf"S> Not ""~le 11. Plcue Cbc:Ick ODe: 181 Cblddist is to be pged BIde 0 PerIoaaDy PIcked Up 12. Applk:atNIIDIII D. W~lCAmnld FhoH 239-947.lJ44 Fa: ~9-947.0375 13. SigaaturB 011 Addn:s.siuS a eddist docs DOt 00D8Cimtc P.tojcct lDdIor Street Nmu ~\)"a1111d. is sahject to further review by 1he Addressing Sedion. FOR STAFF USE ONLY Primary Number '9 O~ c:.... .Addrcss Namber Addlea Number Appm'Cdby lL_~ Address Number m 1Xa. t"'1 Date Ol- 30- 03. RECEIVED PlJlDrIOlI!blmfi7 A PROJEC ~( DATE: 6/'& ~~ KA Y DESELE1'1 _ ______0..__ ___._____ t -.,- -( PUDZ-2003-AR-4332 PROJECT #2003020038 DATE: 6125/03 KAY DESELEM STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REOUEST 1. Name of Applicant: Heartbeat Cardiac Services.lnc. 2. Mailing Address: ,n40 Bonita Beach Road City Bonita Sprnlgs State FL Zip 34135 3. Address ofSubjeC1: Property (if available): Not Available 4. Legal Desaiption: Section: 29 Township: 49 Range: 26 Lot: Tract 112 Block: Unit 30 Subdivision: Golden Gate Estates Plat Book: 7 Page#:2L PropertyI.D.#: 38170000009 - Metes & Bounds o.~cription: See attached leszal description 5. Type of sewage disIl()sal to be provided (check applicable system): a County Utility System 0 b. City Utility ~:ystem 0 c. Franchised l'tility System ~ Provide Nam e Florida Government Utility Authoritv d. Package Tr~,tment Plant 0 (GPD capacilY) e. Septic System 0 6. Type of water serviCt: to be provided: a County Utili~{ System 0 b, City Utility S:fStem D c. Franchised Ut ility System r8I Provide Namt: Florida Government Utility Authority d, Private Systen (Well) 0 7. Total population to btl served: 35.000 Sq. Ft. Commercial 8. Peak and Average Dally Demands: A. Water - Peak _ 9.000 GPD Average Daily 3.600 GPD B. Sewer - Peak _ 9.000 GPD Average Daily 3.600 GPD Agenda Item No. 17 A May 25, 2004 Page 45 of 75 8 --_.~--"'.,. .'-- ,-- _._--~-- -- --~ -- -~- --.- , , 9. If proposing to be connected to Collier County Regional Water System, p:,ease provide the date service is expected to be required: 10. N anative Statement: Provide a brief and concise narrative statement and schematic drawing of sewagl: treatment process to be used as well as a specific stateuumt regarding the method of etlluent and sludge disposal. If percolation ponds are to be used, then percolation data ard soil involved shall be provided from tests prepared and (:edified by a professional engineer. II. Collier County Ftility Dedication Statement: If the project is locateC. within the services boundarie.l: of Collier County's utility service system, written notarizl:d statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage colle:;tion facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the COWity Utilities Division prior to tle issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility ~:ements for serving the water and sewer systems. 12. Statement of avanubility capacity from other providen: Unless waived or otherwise provided for at thexe-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from th it provider indicating that there is adequate capacity to serve the project shall be provided. Agenda Item No. 17 A May 25, 2004 Page 46 of 75 9 ,""",... "",....'u..., '~"""""_""'""""""_"''''''''"'',,''''''''''''''i'',,'~,,,_~ - ORDINANCE NO. 04 - AN ORDINANCE AMENDING ORDINANCE NUMBER 91- 102 OF TEE COLLIER COUNTY LAND DEVELOPMENT CODE WHI:H INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ?':ONING ATLAS MAP NUMBERED GGE18; BY' CHANGINC THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "E" ESTATES TO "CP-JD" COMMERICAL PLANNED UNIT DEVELOPMENT FOR A PROJECT TO BE KNOWN AS THE COLONADES AT SANTA BARBARA pun, WHICH IS LOCATED AT THE NORTHWEST CORNER OF GOLDEN GATE PARKWAY AND SANTA BARBARA BOULEVARD, IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER <:~OUNTY, FLORIDA, CONSISTING OF 6.83:!: ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Richa"d D. Yovanovich, of Goodlette, Coleman and Johm;on, P.A., .- representing Colonnade ~1edical Park, LLC, in Petition Number PUDZ-2003-AR-4332, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF :OUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 29, Township 49 South, Rangl: 26 East, Collier County, Florida, is changed from "E" Estates to "CPUD" Commercial Plalued Unit Development in accordance with the Colonade; at Santa Barbara PUD Document, attached hereto as Exhibit "A" and incorporated by referer.ce herein. The Official Zoning Atlas\1ap numbered GGEI8, as described in Ordinance Numbclr 91-102, - the Collier County Land Development Code, is hereby amended accordingly, Agenda Item No, 17 A May 25, 2004 Page 47 of 75 _._".,,- - -"'~ SECTION TWO: This Ordinance shall become effective upon filing with the Department ofStat(,. PASSED AND DlJL Y ADOPTED by the Board of County r:ommissioners of Collier County, Florida, this __ day of ,2004. A TrEST: BOARD OF COUNTY COMMISSIONE:tS COLLIER COUNTY, FLORIDA BY: -- - DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sutliciency ~~ ,\~--- Patrick G. White Assistant Cmmty Attorney Attachment: Exhibit A pun Document Agenda Item No. 17A May 25, 2004 Page 48 of 75 - COLONADES AT SANTABARBARA A COMMERCIAL PLANNED UNIT DEVELOPMENT -~'.' PREPARED FOR Colonnade ~ledical Park, LLC 9240 Bonita Beach Road Suite 2206 Bonita Springs, Florida 34135 JUNE 2003 -, Exhibit "A" Agenda Item No. 17 A May 25, 2004 C\A.dLib eXpress'Work\radJ6E 70tmp.c.oc Page 49 of 75 .~,__._~,."W,.. ."---'-- -"_...,,..~ ^'-.."."""'... COLONADES AT SANTA BARBARA A COMMERCIAL PLANNED UNIT DEVELOPMENT 6.831: Acres Located in Section 29 Township 49 South, Range 26 East Collier County, Florida PREPARED FOR: Colonnade Medical Park, LLC 9240 Bonita Beach Road, Suite 2206 Bonita Springs, Rorida 34135 PREPARED BY: Goodlette, Coleman and Johnson, P.A. 4001 Tamiami Trail North Suite 300 Naples, Florida 34103 And Q. Grady Minor & Assoc. P A 3800 Via Del Rey Bonita Springs, Rorida 34134 DATE FILED DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER Agenda Item No. 17 A May 25, 2004 Page 50 of 75 ClAdLib eXpn:ssIWork\r3d36E70 tmp.doc ,....., TABLE OF CONTENTS PAGE UST OF EXHIBITS AND TABLE I STATEMENT OF COMPLIANCE 11 SHORT TITLE IV SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1 GENERAL DESCRIPTION SECfION 11 PROJECf DEVELOPMENT 2-1 2.1 Purpose 2.2 General Description of the Project and Proposed Land Uses 2.3 Compliance with County Ordinances 2.4 Land Use Summary 2,5 Use of Right-of-Way 2.6 Sales Office and Construction Office 2,7 Changes and Amendments to CPUD Document or CPUD Master Plan 2.8 Preliminary Subdivision Plat Phasing 2.9 Open Space and Native Vegetation Retention Requirements - 2,10 Surface Water Management 2.11 Environmental 2.12 Utilities 2.13 Transportation 2.14 Common Area Maintenance 2.15 Design Guidelines and Standard" 2.16 Landscape Buffers, Benns, Fences and Walls 2.17 Signage 2.18 General Pennitted Uses 2.19 Deviations and Substitutions SECTION III OFFICE DlSTRICf 3-1 3.1 Purpose 3.2 General Description 3.3 Pennitted Uses and Sections 3.4 Development Standards SECfION IV PRESERVE DlSTRlCf 4-1 -1-.1 Purpose -1-.2 General Description -1-.3 Uses Pennitted -1-.4 Development Standards SECTION V DEVELOPMENT COMMITMENT 5-1 5,1 Purpose ,-~ 5,2 General 5.3 CPUD Master Development Plan Agenda Item No. 17 A May 25,2004 Page 51 of 75 C;\AdLib e Xpress\Work\radJ6E 70_lmp_c.oc ._, ~--".- Agenda Item No, 17 A May 25, 2004 C\AdLib eXpress\ WorI&ad36E70,tmp,cOC Page 52 of 75 - LIST OF EXHIBITS AND TABLES EXHIBIT A-I Conceptual CPUD Master Plan and Surface Water Management Plan EXHIBITB Boundary Survey EXHIBITC Location map EXHIBIT D Legal Description -"- .- Agenda Item No, 17 A May 25. 2004 Page 53 of 75 C\AdLib eXpresslWorll:\r.ld36E70unp doc 1 -~--.. ...-,,- STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Heartbeat Cardiac Services, Incorporated, hereinafter referred to as the Developer, to create a Commercial Planned Unit Development (CPUD) on 6.83:!: acres of land located in Section 29, Township 49 South, Range 26 East, Collier County, Florida. The name of this Commercial Planned Unit Development shall be Colonades at Santa Barbara CPUD. The development of this site will comply with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted there under of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Golden Gate Commercial Infill Sub-district as identified in the Golden Gate Area Master Plan and on the Future Land Use Map. In addition to other uses allowed by the Plan, this District is intended to accommodate a mix of general and medical office uses on this infill parcel, and contains development intensity standards to insure that development is compatible with surrounding residential and commercial land uses. The development of the property is also located within the corridor management overlay district and is subject to the provisions of Section 2.2.21 of the LDC, unless modified herein. 2. Colonades at Santa Barbara CPUD is compatible with and complementary to existing and zoned future land uses surrounding the project as required in Policy 5.4 of the FLUE. 3. Site and building improvements will be in compliance with applicable land development regulations and development regulations specified herein. 4. The development of Colonades at Santa Barbara CPUD will result in a well-designed office project, through coordinated and regulated signage, building design, vehicular and pedestrian access, and landscaping and will further the intent of Policies 3.I.E and F of the FLUE. 5. The development of Colonades at Santa Barbara CPUD will be designed in a manner consistent with Objective 7. Policies 7.1, 7.2. 7.3 and 7.5 of the Transportation Element of the Growth Management Plan, which address access management, on-site traffic and pedestrian circulation, and compliance with the Collier County Streetscape Master Plan. 6. The development of Colonades at Santa Barbara CPUD will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 G of the Future Land Use Element. 7. All fmal local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. 8. Colonades at Santa Barbara CPUD has received a waiver from the historical/archaeological survey and assessment requirements of Section 2.2.25.3.10 of the Land Development Code Agenda Item No. 17 A May 25, 2004 Page 54 of 75 C:\AdLib eXpress\WoMrad36E70.tmpdoc 11 - due to the site's location in a low potential area for containing historical/archaeological artifacts. The developer will comply with Section 2.2.25.8.2 of the Land Development Code should accidental discovery of any historic or archaeological site, significant artifact, or other indicator occur during site development or building construction. ._-< - Agenda Item No, 17 A May 25, 2004 Page 55 of 75 C\AdLib eXpress'Work.\radJ6E.70,rmp doc 111 ^. .--.. --~"> SHORT TITLE This ordinance shall be known and cited as the "COLONADES AT SANTA BARBARA COMMERCIAL PLANNED UNIT DEVELOPMENT ORDINANCE." Agenda Item No. 17 A May 25, 2004 Page 56 of 75 C\AdLib e Xpress\ Wor\(\r.KIJ6E 70 unpdoc IV "-' SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSlllP, AND GEl'i"ERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Colonades at Santa Barbara CPUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION Please refer to Exhibit "0". 1.3 PROPERTY OWNERSlllP The subject property is currently under the equitable ownership or control of Colonnade YIedical Park, LLC, a Florida Corporation, or its a",signs, whose address is 9240 Bonita Beach Road, Suite 2206, Bonita Springs, Florida 34135. - 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 29, Township 49 South, Range 26 East, and is generally bordered on the east by Santa Barbara Boulevard, to the south by Golden Gate Parkway, to the west and north by developed estates zoned property. B. The zoning classification of the subject property at the time of CPUD application is E, Estates and is located within the Corridor Management Overlay, which applies to projects along Golden Gate Parkway. C. Elevations within the site are approximately 7,5 to 9 feet-NGVO. Per FEMA Firm Map Panels No. 12006704150, dated June 3, 1986, the Colonades at Santa Barbara CPUO property is located within Zone "X" of the FEMA flood insurance rate map. O. Prior to development, vegetation on the site primarily consists of low quality pine t1atwoods, xeric oak. and palmetto prairie vegetation. Habitats of the site also been invaded by exotic plant species, including Brazilian pepper, melaleuca, and downy rose myrtle. - Agenda Item No, 17 A May 25. 2004 Page 57 of 75 C.\ ."-dUb eX press\W orK\radJOt:70,tmp.doc 1-2 ---,~ SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Colonades at Santa Barbara CPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF THE PROJECT AND PROPOSED LAND USES A. Colonades at Santa Barbara CPUD is a 6.836-acre mixed office development oriented to serve surrounding residential areas within a convenient travel distance, which will consist of medical and professional offices. Of the gross 6.83:t acres, 2.03:t acres is encumbered as a right-of-way easement for Santa Barbara Boulevard and Golden Gate Parkway. The developable area excluding rights-of-way is 4.8:!:: acres. Collier County has proposed to acquire an additional .65:!: acre for road right of way purposes. The net developable area outside of those areas proposed for right- of-way is 4.15:!: acres, B. The CPUD Master Plan is illustrated graphically on Exhibit A-l. A Land Use Summary indicating approximate land use acreage is shown on the plan. The location, size, and configuration of the buildings shall be determined at the time of County development approvals in accordance with the Collier County Land Development Code (LDC). C. The Project shall contain a maximum of 35,000 square feet of gross leasable area for mixed office uses. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Colonades at Santa Barbara CPUO shall be in accordance with the contents of this CPUO Ordinance, and to the extent they are not inconsistent with this CPUD Ordinance and applicable sections of the LOC, which is in effect at the time of issuance of any development order. Where this CPUO Ordinance does not provide development standards, then the provisions of the specific section of the LOC that is otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LOC in effect at the time of development order application, C. Development permitted by the approval of this CPUO will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LOC. Agenda Item No, 17 A May 25, 2004 Page 58 of 75 C\AdLib eXpress.\Work\rad.J6E70.unp doc 2.1 - D. All conditions imposed herein or as represented on Colonades at Santa Barbara CPUD Master Plan are part of the regulations, which govern the manner in which the land may be developed. E. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3.6. 2.4 LAND USES A. The location of land uses and general project configuration are shown on the CPUD Master Plan, Exhibit A-I. Changes and variations in building, location and square footage shall be permitted at time of County development to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2,7.3.5. of the Collier County LDC. The specific location and size of buildings and the assignment of square footage or units shall be determined at the time of County development approval. B. All infrastructure will be private. The Developer or its assignees shall be responsible for maintaining the drainage, common areas, and water and sewer improvements where such systems arc not dedicated to the County. The Developer reserves the right to request substitutions to Code design standards in accordance ~_. with Section 3.2.7.2. of the LOC. 2.5 USE OF RIGlITS-OF - WAY The Developer may place landscaping, signage, lighting, water management facilities, berms, decorative walls and fences, utilities or decorative entry features within a private right-of-way within the Colonades at Santa Barbara CPUD, subject to permitting agency approval. 2.6 SALES OFfiCE Al'ill CONSTRUCTION OFFICE Sales offices, construction offices, and other uses and structures related to the promotion, leasing and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted temporary uses throughout Colonades at Santa Barbara CPUD. These uses shall be subject to the requirements of Section 2.6.33.4. Section 3,2.6.3.6. and Division 3,3 of the LOC. These uses may use temporary septic tanks or holding tanks for waste disposal subject to permitting under 64E-6 F AC and may use potable water or irrigation wells. 2.7 CHANGES AND AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER PLAN Changes and amendments may be made to this CPUD Ordinance or CPUD Master Plan as - provided in Section 2.7.3.5. of the LDC. Minor changes and refmements as described herein may be made by the Developer in connection with any type of development or permit application required by the LOC. Agenda Item No. 17 A May 25, 2004 Page 59 of 75 C\:\dLib eXpn:ss\ Work\rad.36E70.lIn p.d.OC 2-2 ".~-_. _0.'" ",".-" 2.8 PRELIMINARY SUBDIVISION PLAT PHASING In the event platting is required. submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.9 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The CPUD will comply with Section 2.6.32 and Division 3.9 of the LDC, and Collier County Comprehensive Plan Amendment CP-2000-7 adopted by Ordinance No. 2000-12 on March 12, 2001 relating to open space and retention of native vegetation. Specific landscaping and open space requirements are established in Section 2.12 and Section 2.17 of the Colonades at Santa Barbara CPUD. 2.10 SURFACE WATER MANAGEMENT A. The surface water management permit for the water management system will be designed in accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 4-E-40. B. For the size and development intensity of this project, current rules require appropriate water quality storage to be provided. Water quality treatment shall be provided, based on 2.5" over the impervious area of the site. The current site design provides adequate area for meeting this requirement. Discharge from the site will be to Santa Barbara Boulevard and/or Golden Gate Parkway. C. The site will be designed in a manner that will prevent water from Colonades at Santa Barbara from draining onto the property located to the north. D. Any standing water that remains on the Colonades at Santa Barbara site after a seven (7) day period will be treated for mosquitoes. 2.11 ENVIRONMENTAL A. An Environmental Impact Statement was waived by the Collier County Planning Services Department, Environmental Review Section staff due to a previous Environmental Impact Statement provided for the Comprehensive Plan Amendment CP-2000-7, Ordinance No. 2000-12. B. Other permits will be obtained from applicable State. Federal and Local agencies as appropriate. C. The Preserve area shown on the Conceptual CPUD Master Plan encompasses approximately .75'i:. acres. The subject site, after excluding improved County Right-of-way easements contains approximately 4.8'i:. acres of native vegetation, Agenda Item No. 17 A May 25, 2004 Page 60 of 75 C\AdLib eXpress\Work\raa36E 70.tmpcoc 2-3 -, Retention of .75f:. acres of Preserve exceeds the required 15% (.72 acres) native vegetation of Section 3.9 of the LDC. D. All conservation areas shall be designated as conservation/preservation tracts or easements on all consuuction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Setbacks and buffers shall be provided in accordance with Section 3.9 of the LDC. In the event the Project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to the project's homeowners association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Review Staff for review and approval prior to fmal site development plan/construction plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation/preservation areas. 2.12 UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the _. continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. The project is within the service area of Florida Government Utility Authority. All water and wastewater facilities will be designed in accordance with Chapter 64E-6 FAC. 2.13 TRANSPORT A TION A, All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current edition, and the Manual On Unifoml Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier county Land Development code (LDC) B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, ,.- as amended, and Division 3.15. LDC, as it may be amended. E. All work within Collier County rights-of-way or public e'A~ffa ~ ~!lirCT A May 25, 2004 Page 61 of 75 C\AdLib eXpress\Work\radJ6E70.tmpc!.oc 2-4 '.....N_ --, .-~.- ~. -". Right-of-way Permit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LOC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this CPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not1imited to, safety, operational circulation, and roadway capacity. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County right-of- way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K. Ingress and egress to Santa Barbara Boulevard shall be prohibited. L. All sidewalks located within public rights of way shall be designed and constructed to LDC requirements. M. An interconnection from the subject property to the abutting tract to the north may be allowed should the Golden Gate Commercial Infill Sub-district as identified in the Golden Gate Area Master Plan and on the Future Land Use Map be amended to include the subject property to the north. The interconnection location and design will be subject to review and approval by county Zoning and Land Development Review and Transportation Planning staff in conjunction with the appropriate application submittal and fee payment pursuant to LOC Article 3. In no case should a possible interconnection be construed as support or vesting for any future amendment action for the Golden Gate Commercial Inftll Sub-district as identified in the Golden Gate Area Master Plan and on the Future Land Use Map. Agenda Item No. 17 A May 25,2004 Page 62 of 75 C:\AdUb eXpn:ssIWork\rad.l6E70tmpdoc 2.5 ,.,-,. 2.14 COMMON AREA MAINTENANCE Common area maintenance, including maintenance of the surface water management system, will be provided by the Developer or its assigns. 2.15 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. B. Colonades at Santa Barbara CPUD is planned as a professional office site under unified control. The Developer will establish guidelines and standards to ensure quality for the common areas. All development will meet and enhance LDC Division 2.8, Architectural and Site Design Standards and Guidelines, and those specific requirements listed below that are requirements of the Golden Gate Commercial In-fill Subdistrict. 1. All buildings shall have tile or metal roofs, or decorative parapet walls above - the roofline, and buildings shall be finished in light subdued colors except for decorative trim. 2. All lighting facilities shall be architecturally-designed. and limited to a height of twenty-five (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses. 2.16 LANDSCAPING, BERMS, FENCES AND WALLS Landscaping, berms, fences and walls are permitted as a principal use throughout Colonades at Santa Barbara CPUD. Required buffer treatments shall comply with the Collier County LDC and the Collier County Comprehensive Plan Amendment CP-2000-7 adopted by Ordinance No. 2000-12 on March 17,2001. The following standards shall apply: A. Landscape buffers contiguous to right-of-ways: 1. Minimum width of 25' measured from the property line. The minimum number of required trees shall be calculated at 1 tree per 25' linear feet. Plantings shall not be required to be planted on 25' centers in a linear manner, but may be clustered or planted in irregular patterns to provide greater buffers in certain areas and to provide enhancements of key project features. 2. The height of required trees within the buffers shall be 12' on average. ,- Canopy trees shall have a 6' canopy spread at the time of planting. Agenda Item No, 17 A May 25, 2004 Page 63 of 75 C:\AdLIb eXpres,IWOrY;\r3dJ6E 7Q,unpdoc 2-6 --_._.~,.. ~,,--_..".. 3. Hedges, where required by the Collier County Land Development Code (LDC) shall be installed in accordance with LDC Division 2.4, Landscaping and Buffering, except as provide in Section 2.16.4. 4. The developer must provide a berm and wall/fence combination along the northern property boundary at a total height of seven feet (7'). A concrete block wall will be constructed from the eastern boundary of the property westward to twenty-five feet (25') past the required thirty-five foot (35') buffer. A green chain link fence must be constructed from the end of the concrete block wall to the western boundary. The fence/wall combination will be constructed five (5) feet inside the subject property. The developer must plant a hedge on the north side of the wall and fence that will reach the height of the wall and fence within one (1) year of planting. 5. At the commencement of site clearing, the developer of Colonades at Santa Barbara must construct a temporary fence along the northern property boundary which will provide screening from the construction. B. The northern seventy-five (75) feet of the western sixty (60) percent of the site less those areas reserved for Santa Barbara road rights-of-way and casements, shall be a green area (open space area). It shall be utilized for only water management facilities, landscape buffers, and similar uses. C. The western sixty (60) percent of the site shall have an outdoor pedestrian- friendly patio area(s), that total at least five hundred (500) square feet in area and incorporate a minimum of: benches or seating areas for at least twelve (12) persons, and vegetative shading, and a water fall or water feature of at least one hundred (100) square feet in area, and brick pavers. The patio area will be designed such that utilities are not located within thc pedestrian fricndly area. D. A twenty-five (25) foot wide landscaped strip shall be provided along the entire frontage of both Golden Gate Parkway and Santa Barbara Boulevard. E. A minimum buffer of thirty-five (35) feet in width shall be provided along the project's western boundary and along the eastern forty (40) percent of the project's northern boundary. A minimum buffer of fifty (50) feet in width shall be provided along the western sixty (60) percent of the project's northern boundary . Where feasible, existing native vegetation shall be retained within these buffers along the project's western and northern boundaries. These buffers shall be supplemented with Oak or Mahogany trees planted a maximum of twenty (20) feet apart in a staggered manner, and a seven (7) foot wall, fence, or hedge that will, within two (2) years of planting, grow to a minimum height of seven (7) feet and be a minimum of ninety-five (95) percent opaque. When feasible, a hedge in lieu of a wall or fence will be provided. Agenda Item No. 17 A May 25, 2004 Page 54 of 75 C:\AdLib eXpress\Work\radJ6E 70.r.mp_doc 2-7 <- F. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Colonades at Santa Barbara CPUD boundary concurrent with site development. G. Sidewalks, signage, water management etc, shall be permitted within landscape buffers, per th~ LDC. 2.17 SIGNAGE A. GENERAL 1. All ground mounted project and freestanding use signs shall be of consistent architectural style and shall feature like building materials and sign structures. Sign structures will be uniform in size, color, and building material. Pole signs shall be prohibited. All signage shall be consistent with Section 2,5 and Section 2.2.21 of the LDC. 2. Pursuant to Sections 2.8.3.6,2.1 of the LDC, the following conditions provide for the required comprehensive sign plan for the Colonades at Santa Barbara CPUD. All sign regulation, pursuant to Collier County - Division 2.5 shall apply unless such regulations are in conflict with any conditions established in this CPUD, in which case the CPUD Document shall govern. a) Signs and decorative landscaped entrance features within a County dedicated right-of-way shall require a right-of way permit subject to the review and approval of the County. b) A minimum setback of 5' from edge of pavement shall be required, except that no sign shall be located so as to create a vehicular line of site obstruction. c) All project sign structures may feature architectural treatments, which shall be permitted to extend above the maximum height of the sign specified herein. B, TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, and speed limit signs, may be designed to retlect an alternative specification and common architectural theme upon approval by the Development Services Director, in accordance with Section 3.2,8,3.19. of the LOC. - 2.18 GENERAL PERMITTED USES Agenda Item No. 17 A May 25, 2004 Page 65 of 75 C:\ AdLib eXpres.>\Work\r.ld36E70unp,doc 2-8 ,<~ -"- A. Certain uses shall be considered general permitted uses throughout the Colonades at Santa Barbara CPUO. General permitted uses are those uses, which generally serve the Developer and tenants of Colonades at Santa Barbara CPUD and are typically part of the common infrastructure. B. General Permitted Uses: 1. Essential services as set forth under LOC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Architectural features and elements including walls, fences, arbors, gazebos and the like. 4. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses, subject to Section 2.6.33.4 of the LOC. 5. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.18 of this CPUO. 6. Pedestrian pathways 7. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. S, Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. 2.19 DEVIATIONS AND SUBSTITUTIONS A, From LDC Section 2.2.21,3.2 (Conidor Management Overlay) which required a minimum yard (building setback) of 50' for parcels along Golden Gate Parkway to permit a minimum yard (building setback) of 40' (~.ee Section 3.4.C.1.a). This deviation is permitted due to the proposed additional right-of-way taking of 9.1' for expansion of Golden Gate Parkway. Agenda Item No, 17 A , May 25, 2004 Page 66 of 75 C:\AdLib eXJmSSIWorIt\r3d.l6E70.tmpdoc 2-9 ,,,.-- SECTION HI OFFICE DISTRICT "0" 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Colonades at Santa Barbara CPUD designated Commercial on the Master Plan. 3.2 GENERALDES~ON A. Areas designated as Office on the CPUD Master Plan are intended to provide a maximum of 35,000 square feet (gross leasable area) of office uses as conceptually depicted on the Master Plan. B. No one building may exceed 25,000 square feet in gross leasable floor area. C. No business may be open to the public after 9 p.m. 3.3 PERMITTED USES AND STRUCTURES <-,'- No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A, Permitted Principal Uses and Structures: 1. Security and commodity brokers, dealers, exchange and services (6211- 6289) 2. Insurance Carriers and agents (6311-6399, 6411) 3. Real estate (6512-6553) 4. Holding and other investment offices (6712-6799) 5, Tax return preparation (7291) 6. Business services (7311, 7322-7331, 7336, 7338, 7371-7376. and 7379 (including only those business services conducted in an office area)) 7. Health services (8011-8049, 8071-8092) (8082, only those services conducted in an office area.) 8. Legal Services (8111) 9, Engineering, accounting, research, management and related services (8711- 8733--except 8713 uses are prohibited, 8741-8743, 8748) 10. Executive Offices (9111) 11. Executive and Legislative Offices (9111, 9131) B. Permitted Accessory Uses and Structures - 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Accessory apothecary facility only in conjunction wi~ me~c'Vt offi<f.S' 17 gen a em o. A May 25. 2004 Page 67 of 75 C\AdLib eXpress,worlc\rad.J6b 70.unp,doc 3-1 ---,----...--- -- --,-'~ -.'."- 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 10,000 S.P. for fee simple lots; however, there shall be no minimum lot area for condominium parcels. B. Minimum Lot Width: 50 Fr. for fee simple lots; however, there shall be no minimum lot area for condominium parcels. C. Minimum Yard Requirements: 1. Principal Structure Setbacks: a) Golden Gate Parkway: Forty feet (40') b) Santa Barbara Blvd: Twenty-five feet (25') c) Internal Frontage Drives: Five feet (5') d) Distance Between Free Standing Uses: Thirty feet (30') e) Minimum Building Setback from Non-Right-of-Way Perimeter Project Boundary of CPUD: 1. One hundred feet (100') from the north boundary. 11. Thirty-five feet (35') from the west boundary, f) Preserve Boundary: Twenty-five feet (25') 2) Accessory Structure Setbacks: a). One hundred feet (100') from the north boundary, except that a gazebo, water feature and similar open space uses may be located up to 50' from northern boundary. b). Thirty-five feet (35') from the west boundary. c). Preserve boundary Ten feet (10'). d). Road ROW: Twenty-five feet (25') D. Maximum Height: 1. Office Buildings: One story, not to exceed thirty-tive feet (35'). 2. Accessory Structure: Thirty-five feet (35'), except as limited by Section 2.15 8.2. Agenda Item No. 17 A May 25, 2004 Page 68 of 75 C:\AdLib eXpress'Work\rad36E70.tmp doc 3-2 .- 3. Architectural features: Forty-five feet (45') .- - Agenda Item No. 17A May 25. 2004 Page 69 of 75 C\AdLib eXpress'Wo~ 7Otmp.tloc 3-3 ----,.- ~,~" ---- '--' -,--_.,~--~-- SECTION IV PRESERVE DISTRICT "P" 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Colonades at Santa Barbara CPUD community designated on the Master Plan as the Preserve District. 4.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems. 4.3 USES PERMITTED Xo building or structure or part thereof, shall be erected altered or used, in whole or in part for other than the following, subject to Regional, State and Federal permits when required; A. Principal Uses 1. Passive recreational areas, boardwalks. 2. Nature trails. 3. Landscape buffers. 4. Drainage, water management, subject to all needed permits. 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. 4.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.9, of the Collier County Land Development Code. B. Maximum height of structures - Twenty-five feet (25'). Agenda Item No. 17 A May 25, 2004 Page 70 of 75 C:\ AdLi b eXpress\ W crk\rad.36E 7O.tmpdoc 4-1 - SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans (if required), and all applicable State and local laws, codes, and regulations applicable to this CPUD, Ex.cept where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Collier County Land Development Code shall apply to this project, even if the land within the CPUD is not to be platted. The Developer, its successors and assigns, shall be responsible for the commitments outlined in this document. These commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against ,-..'-' the developer, its successors, and assigns, prior to the development's last final subdivision acceptance. The Developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the CPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property, In addition, any successors or assignee in title to the Developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a condominiuml homeowners' association to be created by the Developer. Upon assignment or delegation, the Developer shall be released from responsibility for the commitments. 5.3 CPUD MASTER DEVELOPMENT PLAN A. Exhibit "A," CPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3,5 of the Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. - Agenda Item No. 17 A May 25, 2004 Page 71 of 75 C :\.-\dLib eXpress\Work\nld..36E70.tmp.doc 5-1 ."..~,""~. -.-. _..--' _..._.-.--. -lr:_ j - Qg ~ !.U _ ~- B :: u c II LUac 0::< c:t .; :E '"' f~ 2: ill ~ II' ~. ;!J r JII 1m 1;1 - CIlI'fAn'lll8 VW_ WIWS -- I.: , , i I'. r I I J II - ..... ! I il~ -' 5 B', w...__ "' f ..t_ J . .JlIi I III! I. iUfi r J I, i ii " I ~ is ~ I, i ., ", I,' ! ,l II 1lI I J iLl ',. i 1-, I r; l~ ~ I NFORMATIONAL ONL Y II 'UDZ-2003-AR-4332 ROJECI' #2003020038 ~ Exhibit A I'U tl:a:m~ ~I-'MI4:)f\, 'A TE: 3/4/04 . Ii V nli'f;:~T ~1t.. Agenda Item No, 17 A May 25,2004 Page 72 of 75 CMdUb eXJl=S\Wor~7Qlmp,OOc ..-... -- ... ~ " ,. ::. ~ ~ I I ~ i I \ 2i \ \ I I '" ;; "","IV "5 i I ....... .-~ ---- ..._~.. I _._ a _...... -- "~:lUI'l~~~=-.._ """V I __._ ____ -.. : ~;.:.--=-_.. -- ~ ==.&'..,;::===.:--- I :::._===--.-:- -- ;;;;;...--.- --....- _. !5Gl!!!.j .---. -!!.I.'*~~_.. I :'==~===_.._ ~..- . :.:--=:=.--.. .....--- -- '"" ".,...,.... -- --- ........, m 7C "","Ia ~ w___ ~ tv ----:-;; . INFORMA TlONAL ON!. Y ~,t~~~ PUDZ-2011:t..A.H_433~ :~... PROJECT 1/2003020038 _MII.&I1lIICfIlIr U. .r-- DATE: 3/4104 ~!.GM "._ '5i.~ KA Y DESELEM ~ :=--:= 1!Y-- l~"" lr-- Agenda Item No. 17 A _!!o_ ~ May 25, 2004 " Page 73 of 75 _.. ,..,. ~...._.- -... . . fM\ YAHCCR8IU 1EA0I ReAD I9LW) IWJ( 'C/ PUD VNll€ll8LT COUH1RY CUll I 1 ' OQ.F ~lRY a. IB "- f i PINE RI:lGF I!OAO \ ~ J.~ ~ ESTA 1[$ ~~K~ I'~ ~ ; P\.IO \ ~ EST A 1[$ ei g g 00 "'" ,.. f I '" '" ~ "'" "",' '" !lRAY !ii <c OAKS 9 ~ PlIO . " ! GOlDE QA TE Cry - ~7 h ~ GOUt" GAlE PNI"",\y \ <Ie4 /' 1.1-. ., ~ f I EXHIBIT "c" lOCA TION MAP Agenda Item No, 17 A May 25, 2004 Page 74 of 75 CAdLib eXp=sIWorklrad36E70.unp,doc ,.-. \ EXHIBIT "0" Leqal Description Tract 112, Golden Gate Estates -, Unit No. 30, a~) Recorded in Plat Book 7, P'Jge 58 of the Public Records of Collier County. ~ ~ 8 a I t ... .c 1 ~ El I I ~ Cl -- Agenda Item No. 17 A May 25. 2004 Page 75 of 75 ClAdLib eXp=sIWori<\radJ6E70.unp,doc - ,,-... A VROW2004-AR57l5 SHEEr 1 OF 1 EXECUTIVESU~ARY A VROW2004-AR5715 to disclaim, renounce and vacate the County's and the Public's interest in the 20 foot wide alley in Block A, according to the plat of "Immokalee, Horida", as recorded in Plat Book 1, Page 60, Public Records of Collier County, Florida. Located in Section 3, Township 47 South, Range 29 East. OBJECTIVE: To adopt a Resolution to vacate the 20 foot wide alley in Block A, according to the plat of "lmmokalee, Horida". CONSIDERATIONS: AVROW20Q4-AR5715 has been received by Planning Services from James L. McGee, P.E. and William L. Barton, as agents for the petitioners, Pablo and Agustina Grimaldo, requesting the vacation of the 20 foot wide alley in Block A so that the entire Block A can be incorporated as one building site. The Pace Center For Girls is proposed to be constructed at this site and the building will be positioned where the alley is now platted. The petitioner owns Lots 1 through 16 which are located on both sides of the platted alley. The alley was never constructed. Letters of no objection have been received from the following Collier County Departments: ,.--- Transportation, Engineering Services and Sheriff. Letters of no objection have also been received from lmmokalee Fire Control District, lmmokalee Water and Sewer District, Lee County Electric Cooperative, Comcast Cable and Sprint. Zoning is C5. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioners which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEJ\lIENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ENGINEERING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: 1. Adopt the Resolution for Petition A VROW20Q4-AR5715 for the vacation of the 20 foot wide alley in Block A, according to the plat of "Immokalee, Horida"; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. ,"""'" Agenda Item No. 178 May 25, 2004 Page 1 of 40 .....-., . ._-~.,,,,"".,.,;,,,~,,",,,,,,,,,,,,,,,,,,,,,,,,,,-,,,,,,,,,,,,,,-,,, <<<-."'" '''.---..,.......'''''' COLLIER COUNTY .- BOARD OF COUNTY COMMISSIONERS Item Number 17B Item Summary AVROVl/2004-AR5715 to disclaim, renounce and vacate the County's and the Public's interest in the 20 foot wide alley in Block A, according to the plat of "Immokalee, Florida", as recorded in Plat Book 1, Page 60, Public Records of Collier County. Florida, Located in Section 3, Township 47 South, Range 29 East Meeting Date 5/25/2004 9:00:00 AM Prepared By Rick Grigg Land Surveyor Community Development & Engineering Services Environmental Services Approved By Thomas e. Kuck, P.E. CDeS Engineering Services Director Date Community Development & CDES Engineering Services Environmental Services 4/26/2004 12:29 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Admlnstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 41271200411:32 AM Apprond By -, Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 4130/2004 1 :39 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 4130120044:12 PM Approved By James V, Mudd County Manager Date Board of County County Manager's Office Commissioners 5/312004 6:48 PM - - Agenda Item No. 178 May 25, 2004 Page 2 of 40 ".------- - RESOLUTION NO. 2004. A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION A VROW2004-AR5715 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLICS INTEREST IN THE 20 FOOT WIDE ALLEY IN BLOCK A, ACCORDING TO THE PLAT OF "IMMOKALEE, FLORIDA", AS RECORDED IN PLAT BOOK I, PAGE 60, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST. WHEREASpursuant to Section 177.101, Florida Statutes, James L. McGee, P.E. and William L. Barton, as agents for the petitioners, Pablo and Agustina Grimaldo, does hereby request the vacation of the 20 foot wide alley in Block A, according to the plat of "Immokalee, Florida" as recorded in Plat Book 1, Page 60, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating the 20 foot wide alley in Block A, according to the plat of "Immokalee, Florida" as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following 20 foot wide alley are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Agenda Item No. 178 May 25, 2004 Page 1 of 2 Page 3 of 40 ~ BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County. Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this day of ,2004. after motion, second and majority vote favoring same. DATED: A'ITEST: BOARD OF COUNTY COMMISSIOl'o'ERS DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA -, BY: Deputy Clerk Donna Fiala. Chairman Approved as to fonn and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney - Agenda Item No. 178 May 25, 2004 Page 2 of 2 Page 4 of 40 ",---_.," ---- ;.. EXHIBIT "AM DESCRIPTION OF 20' ALLEY TO BE VACATED AVROW2004-ARS71S SHEET I OF 1 ALL THAT PART OF TOWNSITE OF IMMOKALEE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I, PAGE 60. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE 20' ALLEY ADJOINING LOTS 1 - 16. BLOCK A L rING BETWEEN FIRST STREET AND SECOND STREET OF SAID TOWNSITE OF IMMOKALEE. CONTAINING BODO SOAURE FEET MORE OR LESS SUBJEC TO EASEMENTS AND RESTRICTIONS OF RECORD By______ ~--~,h~4:----------------- JOHN E. OUTWELL. P.S,M. LSJ J J4 CE FrCAr, OF AUTHORIZA TlON ILB-4J R/W = GHT OF WAY P.B. = PLA T BOOK DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. UNLESS A COMPARISION IS MADE. MEASURED BEARINGS AND DISTANCES ARE IDENTICAL WITH PLAT VALUES. - 60' R/W - OAK STREET I 1 I ~ I 1 I J I I I I I I I I I I I .. I I I C) ~I 2 J I 4 I 5 6 7 I, B (Q I I I Q I t I IJ 14 "l" I I I - I I I tB lB I BL~CK A I I I I I I I I I I I ~I ~- I I 400.0' I 0 I(f)~ 0 l- I I I ~ - ~ I I t I I I I I 8 I I I I II G: 1 I t B L A I I I t I ~ : 0 I I I I - ~ 16 I 15 I 14 I 13 12 II 10 I 9. 18 17 I I I I I I I I I I I I I t I , I t I I I I I I I 1 I t I I I I I I I I ~ PINE STREET 60' R/W - - I .. NOT A SURV[Y .. Mar 02. 2004 - 14: 1 0:44 KRIt.lESIS:\Projeng\Drowingl.d"g ...........~ CLIENT: WilsonMiller TiTlE: ,. FLORIDA IIII*W. ____.,.,.,... ~. ~AnModt.....,-.CllNI** ~b:. o.>.TE: .....-Itww._. _.,... ._.-CIt- _.....~_IIIII. ...__. _ __./W _._ ...- MARCH 2004 ,-,::,'0::: ,.....~~,~._-.' -, :;<, 1 bAl (i) [ye.TITIOIJ ] ~""l "'A- pETl110N FORM FOR VACATION OFROAD RlGB-r-or..WAY S /6 Date Reeelved: ;os -7-t/J-nd. ~vlZ.olLt zt:t:'4--Rl:. 7 hddH It PetlUner. pAt'; LO ~ A- ~\)~ T I ~ A ~1Z\ t-A A-L.PO Address: q '"2..4--- . M 'bl2.\ \-t A-tv\ '})12... T.,.- CIty/Sta..: 1 t.4M o\G~ t. E E.. ) t==L ZIp Code: ~ 4-1 4-7- ApId:\U\u..\tt.M L. ~OJ! oY" '"lAt.-tE$ L. H~l::tE:E. AcWna: ~C S "P4\L..A G\ (2.. E . Tllqlt r-' "Z.=?A - 4-3~- 3~ ~O ~ J,.11\PLGS I t::L -OaIIM-~r- ~ ROIMI N.-.: 'lO I ~UE'i '5ETWEE)J t ~T ~T ~ 2 -:;:..t- . ' LoadeIr. Secde. 0 ~ _ TOWIIsWP.M- bIp...tl- Plat Book. J Paptt) (,,0 - ",'.- Lepl))elcrtpdlla: L O"'IS J - I u, J ~L-JL A ." 1 J.A H 0 ~ALE E., earr-t ZaaiIII: C - 6 _...~ .... ~o AlLouJ 'Bv1L-DIf.,-'4 c.o1Jsr. FOe. 'Ptc.6 ce.srea.. PolZ- ~\12.Lf. Deee ddI affect .-.&tyf ::. No : g I_--~"'---"'~' ~'ll. 0"" J t .. .. ~ y(J'M ~~~.:: ~~ ? I ()1 .c=oo c::.:::> stpst1m o!PetitIOIIlI' Due I .... -pp...e. 1..0 UtTZ \ ~ A \.00 Au~V~TI,\JA &~IMAtlo bWrJEE.$ "'CJ ~ ... PriJlr N.... fl'kI-) ~ c::> PIeue tee "PoIk:1aaal Procedan o. Uae OaIbiIaad v...... 01"- ..........w.,- for die JIIIt 01 ~ c:> _ppcrrtne ma~ ~1tkJl1lNA ~., UdlI,.uu.a......... 01''''110: c....wlt1 n..IIo,v,r A &."'l_~ Sentces Dhtdea nr. . .....kee~ ~ 2MO Nt"'" BoHUW Dr. :N....lIIorWa 34104 (1) U ~.V"... II...... ~ bIdk:IU...... .llIv It'..... (2) u."ua.t II. cerperadn M_.... . p.It. CMt-........... die .... ef.... ad ..... seodhL'-t. . (3) II appIie'"~ .. . ptarbWllII1t.lbaltlIlt ........ .. e6a' ..- eIIdt1. ........ aM .... .. pm~--- '. (4) 1JIt sll odIa ewaen. - Al....-L -"A" ?p4of4 Agenda Item No, 178 May 25, 2004 Page 6 of 40 ., .~.<-- Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt [pE"-I'rION FcE. ~Ec:e:.rP"'r) Trans Number Date Nbr 470600 4/1/20042:12:56 PM Appl Name: WILLIAM L BARTON Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 605 PALM CIR E NAPLES FL 34102 Proj Name: PACE CENTER FOR GIRLS Type: T AZ: 252/25 Subdiv Nbr: 919 Project Nbr: 2004040005 Payor: PACE Fee Information G L Account Amount Waived 13113832632910000000 . . $1000.00 Total $1000.00 Payments AccounVCheck Number Amount 1700003003 $1000.00 Total Cash I . $0.001 Total Non-Cash $1000.00 T otaf Paid I $1000.00 I Memo: Cashier/location: GARRETT _S / 1 User: WILLOUGHBY _C Collier County Board of County Commissioners ~~:25a~PM CD-Plus for Windows 95/NT Page 7 of 40 ..,. ." " .. .>-": -" ". ."' ,;. , '.:"~. ,-:~ ~';'. ""-""""""".."..."._,.,..",, O""'_"""""",'"",",,,~,,,,,,_____~_,_,,_,,_,, '-' _._._....-..__._-~.--"...._-- *** 1914983 OR:. 2036 'PG:1539 tit ~ RlCOlDlD 1D omCIlL RlCOlDS of COLLlIl count, n 01/01/95 at O! :53U DnGl'!l, ma,rou _. DC 1II too DOC- ,10 .10 letn: nlll I IOILII P 0 B01 m WILLI 'L 33935 I'ul:d m Nwnbct: a_ICe #1 TIN: 1 O_#lTIN: ~E.D . Personal Representative's Distributive This Indenture, is made tbis ,lOth day of ... February Rosa Grimaldo Martinez' . .. . tM d~ly q;'.lIr~ .nd octlna p"non.1 rcp_tatM: oflhalliate of Manuel A. Grima 1 do . . party of the Drst pari, and Pablo Grimaldo and Aqustina Alejo Grimaldo, husband and wife, tenants by the entireties with right of survivorship,. wboKpootofrlcUdd.....il:924 Miriham Drive, IMMOKALEE, Florida 33934 oftMCounlyof COLLIER ,SI.leof Florida , parties orthuecond part. Witnesseth: ThaI WHEIU!AS, Manuel A.. Grimaldo dkd lntc.llte · JCIlcknt of collier ,'" Co~nl)'. Florida, on November 19th .1993 .KlzcdandJXllllCDCdOrthcreatproperty · herelnaller described; and Whereas, Iltle 10 said property passed 10 Ihe particll of the ICCOnd pari .. of Ihe dale of IIld dcto:derll'l death p~rs~.nl 10 lhe fIorida law 01 dcsccIltall<l dialrib~lion .. will more r~lIy appear from those certain procccdinp in the Or<uil Court ror Co 11 i e r County, F\orlda. Probate Division ,in Cue No.9 4 -59-CP-02 ,subJect only 10 lhe: riahl ollhe part yo/the first part to acI1 or CIIC\llllbct lhe prop"rty for tha p~11"* of defrayinl c1ainll, 0ClIl.. a.ncl ..penaes or administration 01 decedent'. catatC; IJId Whereas, the party,of the firat part wishes to distnbu'e lIid property 10 the patti.. 0/ lhe second I"'rt and evidence lhe re_ ollhe property rrom ..14 ript to IOU or ellC\lmMr, Now Therefore, In consideratiOn or Ihe forepnl 111<I In connection wilh the diltributlon of Ihe estate of said dcccdcnl, the party of __" Ihe n",t pari .... tcleased to the parties or the MCOnd part lhe ri&ht10...11 or enc~mher said propert, 111<I pnled, eon.cycd and conrormed unto the parties of tile accond part. 'Ihelr hel", 111<I aaipll rotcllCr, III of Ihe Interest 0/ uldcleccclcnl in ond to lhe ....1 propertY situatoclln COLLIER Co~nly, florid.. deocribedas roll""" ' All of LOts Nos. 1 through 16, inclusive, Block A, Townsite of Immokalee, according to the plat thereof as recorded in Plat Book 1, Page 60, of the'Public Records of collier county, situate Section 3, Township 47 south, Range 29 East. Being all or part of the same property acquired by Grantor, from Consolidated Land Company, by deed dated April 27, 1918, recorded among the Public Records of Collier County, Florida, in Book 51, Page 650. Together with aU and linl"l.. Ihe ten~enLl, hereditlments,. and Ipp~rten.nccS belon&in& 10 or in Iny way IppelUinlncto the ieal property, .~b)ecl to all rcstrictlOllS, reselY&liOllS, all<l easements of record, ir an" In<! ad valorem t.... ror the nlrrent )'Uf. ' BcCllIllC this deed Is &Wen to evidence lhe diltrib~tiOll or .....IS of a decedent'l ,,'"10 an<! inyo1YcS the llIIumplion 0/ DO mortpS"o IIIjaim_ltat. documentlry 11ImI'" are Irrued. ' I n Witness Whereof, the ~ndersl&nocl, as personal represenlative of Ihe ","Ie 01 said dc<cdcol, has, executed IhIs inslt\lme1l1 under seal 01\ the date .r.......iel. Signed sellled.aDdddlvered ID OU?RSeDce: ..' >' F.'. . > ,... , ~.._ _. ')" .~_~'~ . ~ k j)~j); (>>. P nted. Name: F.:rol'/'v h1. SlTRAUs..S Rosa Grimaldo Marti witness. .... ... . ... , .. .., ..' ....... r.O.Add.- UlIleLcaaue1.ol6.1mmokal....F\. ~ a~~~.~~~ '"" -.... witness .... ,~ STATB opFlorida COUtn'Y op COLLIER The rorcpnc Inslnlmcnl wuecknowledaed herore me this loth doyor February. 19 95 by Rosa Grimaldo Martinez -~ ..\l~ "11<< O.PIClAL NOTARY SIAl. 0' ., ~ UllOA LOU VAUGHAN ,__, ' ~ ~('\ CotlllllSlON NUIlIIUI aspersooalrepresentllMloltheOllateof Manuel A. Grimaldo ; I" Shel~'" 7 I known 10 me or"" prod~ced hor Florida driver's license.. idenlineallon. '7~ o~ MY F eo:'M'~N9:XP' This Docun,enl prepated By: Wayne E. ~lee 8 AllOI1IC1al 1.- PClIl orrICO IJm 640 ' 04 3111Iardcc51IllCtLaflcllc,I'Iorida Page 8 of 40 lJ\ollLlA 1'1.. 339'3S ,,0" .,..," ,,,,,...,>,,,,';:..";l~i ~-..,---'^'^ r 2003 COLLIER COUNTY NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENT SCOUNT EARNED ~% IN NOV 3% IN DEC 2% IN dAN 1% IN FEB 0% IN MOUNT DUE 3,163.0 3,196.0 3,221!1.9 3,c61.9 3, -- RlIWE '....- AlITHlIIlITY # .......s. __ __ .. A U.s. WI TO: :smJ AD lIAUIREIIlUR al.UER C8III1YlU al.LECTOR ~.l6]' 8lf2.79 ClUIT 3.969 8 0 3 . 72 SCllOlll- S1lIJ'E CIIIRIHOOSE lDIUl. ~ C-1 2.555 5], 1.39 sa...-LOCM. IIAPIB, I\DRIDA X112-4997 em AI 1.952 395.55 DBEIIIIIB>r EStROW CODE .52 1012.122 WIUBI.sT. 3.105 12 2 & . 7 & laP. SPB:W. GRIMALDO, PABLO l AGUSTINA nrEII APPR. DBn'. t:t2~ "ERIHA" D~ 16.270 3,29Q.1!I5 2 InnOKALEE Fl ~1~2- RAtE PER ..... tIl.IIIB &tHhwallS ..... ........ ~--- ....- IlCElIIll8ER c-..1I1lll !UI. OESC. PAID",:-,D3/30/n.~; ... 3,21H RE'C"~'.. ~~~,; .. '?' GUY l. CARL-TON' - TAX COLLEC 0000051190040000 0000329485 000000000000000 7 ".....,,"........: ~- ~ ' . ..,.~. "',>.- - -.."c lP.-rID 'rA~ .I2=eCE,IP'T\ . Agenda Item No, 178 May 25, 2004 Page 9 of 40 ,. --~'''._~-'''''~ ."",-""",~,,,,,,;,.,,,;"",,,,,,,;,,,,,,."",,,,".-i1'W""'"',~.,".>..., ---.- .. ~ .. "...... - . ' , I - FRED " .._ _'.~.'_ "''''~' ,_ >Of _ .~~ :- 6 ; ,t" 2 ' '3 ; 4 l 5 ; 6 1 I 1 \ ..~ IMMoKALEt' ,! I" > ' I 1 \. .1....... _....J..' _.....I.... _ _.... __..... _..; ___;.;:_ ....:_~.~;.....h....._ ~ ., ......,.... --!'" - - - -- ~ .. - f" -'(-"'-\,,-" - -....... :-Ut.. '" 1 ~ 1 l . .: , . (3) ~:. R~l..Et ~ lS~ VR,<::'FI~: . '....._ I' ,. . . , , 15 · 0(4 "'3' 12 . 1-4 ' '10 I"~'" " , ; I I ~. \ .' .t ~ '. , 4 ' I >- . ' .. f .' L. i 1 " ~. ,_.,.' 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UJ () I~" ')'~'~' - J3... . ~f""Ii ~~.... . ~ I I ~ i t -ti''< ,. ~ -... .n J~ i ltlll~~ It. i It '" ~~bi~ ~li~i~t}l ~ " ;:: ...St "-; t~-l'~~ ~ ~ ~ ,; ~~ M; t~111ft! ~ ' . G 0- titlj i hl~~ t" ~ ~~~ ~ ~t~~~ ~~ .c J\ l!t/: h ' fI~~l~~ ~ h ~ ~ l~~ ' ~~~'~l'" ~l..t "'1 \1~. U:f't 1 ... l~ 1'1:' \~ !~~jU~ "....:.'..> ~ ~ 1-1 '4' )~~.". \l''t''lo.~~'':i,..: ... :: .. ~ i~ ~ 1 '~J'~h 1" .. , ,',' .;~- ~ "\i~ l; ~ ~,",l.Nt ~ ''':~.~.': .;..~ "t .. ".. em No. 178 May 25, 2004 " ~j Page 11 of 40 : ., ".-.. l88JlSPUOO8S . . . , 0 (]) . "- ~ , <( ~ I >... 1\~ '. ....c 0 (,) - . CJ) 0... ::l. ---l . . <( ~ .... t 1 ..., ., ., -, ~ '+- ~ . '+- ~' ,. en 'r 0 (/) -+-' ",. ~ ~. {f) I fa) - ... 8 r: ~ - - - n.. . . - I I I 0TmTrT1iJ1fuTrm . I ~ . . . .~ l~ l88JlS lSJl.:I ~ - i~, . Agenoa Hem 1'110. II ~ .. . May 25, 2004 . Page 12'of 40 ..~ I :--<'.. . .' '.. . :' ..~~:':)~} ~;-~,;:.~;~:,~,~.>~~:';,~:~>;,:ti~-=:;,i~~ -.--- .-----. ------- RO~RCeJ.JT Prz~pe=rzri.( 250', Agenda Item No, 178 May 25,2004 Page 13 of40 file:IIC:\DOCUME.....l \grig~r\LOCALS-l \Temp\6R 1 DL40Y.htm 411/2004 -', =. :; ':~t: :.::<".-. :~-,::,t'-~s',."- '-...: O_'_~_ ~..." ...-"- ..'-"",-,-'. ---- '\~/""'""!~t~~_:I~'~'~'"A' ';"'~"!#' 'if! ...,.....'y /' ;-i'. .,~ l"',!>i'Ji....,'" . ._~ Details Page 1 of I (j) Folio No. 00115880005 M Owner Name CHAPMAN FRUIT CO INC Addresses 203 OAK ST .... Cltv IMMOKALEE 11 StateD FL . Zip I 34142 . 3768 Legal 34729 COMM NW CNR SW1f4 OF NW'14 SEe 3, S287FT, I! 40FT TO POB, S238fT, E 847.27FT N 15DEG E 255.21FT, W 891.10FT . , "For more than four lines of Legal Descrlptton please call the Property Appraiser's Office, . Section Township Acres 03 47 5.33 Sub No. 100 "0 Use Code 44 5 2003 Final Tax Roll Values Latest Sales History Land Value S 259,838.00 I Date I Book. Page II Amount I (+) Improved Value $ 952,677.00 (=1 Market Value $1,212,515.00 (-) SOH Exempt Value $0,00 (=) Assessed Value . $1,212,515,00 ,....!i;i, Homestead and other Exempt Value $ 0.00 (=) Taxable Value $1.212,515.00 SOH = 'Save Our Homes' exempt value due 10 cap on assessment increases. ; . " ; " . - The Information Is Updated Weekly. - - Agenda Item No, 178 May 25,2004 Page 14 of 40 http://www.collierappraiser,comIRecordDetai1.asp?FolioID=OOOOOOO 115 880005 4/1/2004 . ". " .'-"> <.>.~~,~";;: -- ___w,,~ -"~'-" .,,~""- . .. Details Page l.ofl Folio No. 00120200007 MaA Owner Name TOMATO MAN INC Addresses PO BOX 3266 Cltv IMMOKAlEE n State I Fl U Zlpl34143 .3266 legal 347 29 PART OF BlK F, ALL OF BlK G, PT OF VACATED RR ST, PT OF All RR RW & UNPLATTED ADJACENT PROPERTY DESC AS: "For more than four lines of legal Description please call the Property Appraiser's Office. Section Township Acres 03 47 9.01 Sub No, 100 ~ Use Code 44 2003 Final Tax Roll Values Latest Sales History land Value $ 441,385,00 Date Book. Page Amount (+) Improved Value $1,156,201,00 04'1998 .. ... 2406. 1350 $1,300,000.00 (=) Market Value $ 1,597,586.00 05'1995 2062 . 269 $0.00 (-) SOH Exempt Value $0.00 (=) Assessed Value $ 1,597,586.00 (-) Homestead and other Exempt Value $ 0,00 (=) Taxable Value . $ 1,597,586.00 SOH = "Save Our Homes. exempt value due to cap on assessment increases. ; ; 11IIII The Information Is Updated Weekly. Agenda Item No. 178 May 25, 2004 Page 15 of 40 http://www,collierappraiser.comIRecordDetail.asp?F olioID=OOOOOOO 120200007 4/1/2004 c.~.>; , ',- --, )1.'- . " .-.- ---.... - ---.. - ._- ---- Details Page 1 of1 _.. Current Ownershl Folio No. 51190140007 ~.R Address NO SITE ADDRESS Owner Name GASTON, FRED , Addresses 110 N 1ST ST : cItY IMMOKAlEE I StateU Fl U ZiP. 34142 .3702 Legal IMMOKAlEE BlK BLOTS 5.16 & VAC !JW 20FT ALLEY ADJ TO & LYING S OF LOTS 5-8, LESS SLY 20FT OF LOTS 9.16 FOR ROAD R/W "For more thIn four lines of Leglll Description please call the Property Appraiser's Office. Township Range Map No. 47 29 2E03 416S00 IMMOKAlEE ""lIIaQe Araa 27 IMPROVED COMMERCIAL S. 2003 Final Tax Roll Values Latest Sales History Land Value S 10S,OOO.00 Date Book. Page Amount (+) Improved Value S SOO,OO 01 / 2004 3487.1023 $0.00 (,;;,) Market Value S 105,SOO.00 03 / 2003 32~_6 S 0.00 (-) SOH Exempt Value S 0.00 06 / 2002 30S7 . 664 ... S 0.00 (;) Assessed Value S 10S,500.00 ....., Homestead and other Exempt Value S 0.00 Is) Taxable Value S 10S,500.00 SOH = .Save OUf Homes. exempt value due to cap on assessment Increases. ; ; 11IIII The Information Is Updated Weekly. ,- Agenda Item No, 178 May 25, 2004 Page 16 of 40 http://www.collierappraiser,comlRecordDetail.asp?F olioID=0000051190 140007 4/112004 '- .," .-.,.-----. _...~ ._~,..^' ..._- -,..-~_.,."",,~...<... .,--.._, - .-.. -...-..-.-..---- Details Page 1 of 1 Owner Name GASTON, FRED Addresses 110 N 1ST ST .., CItv IMMOKALEE I Statel FL 1 ZIDH 34142 -3702 Legal IMMOKALEE BLK BLOTS 1-4 & N 10FT OF E1W VAC ALLEY ADJ TO & LYING S OF LOTS 1-4 .... .. Section Township Range Acres 03 47 29 0.69 416500 IMMOKALEE 27 IMPROVED COMMERCIAL 2003 Final Tax Roll Values Latest Sales History Land Value $ 50,625.00 I 07 ~~~93 I Book. Page II Amount I I (+) Improved Value $ 30,482.00 1842.1519 .. $ 0.00 _ CD) Market Value S 81,107.00 (-) SOH Exempt Value $0.00 (-) Assessed Value S 81,107.00 H Homestead and other Exempt Value $ 0.00 ta) Taxable Value $ 81,107.00 SOH = .Save Our Homes. exempt value due to cap on assessment Increases. ; ; ... The Information is Updated Weekly. Agenda Item No. 178 May 25, 2004 Page 17 of 40 http://www.collierappraiser.comIRecordDetail.asp?FolioID=0000051190120001 4/1/2004 .' "': ,,",' ... " ," ....,-.;,-:: --<,., "'''''',.,.."....";;,~....,...,'''...,..-,'''',,.... ,....'. .'" .. .-". - ..----..-- Details Page I ofl ,,- Folio No.1 81681720003 Map. Owner Name AYALA,MATEO-&NORA . Addresses 207 WASHINGTON AVE City IMMOKALEE I State" FL I z1pl34142.3133 Legal FRED WHIDDENS BLK 4 LOTS 8, 9 AND LOT 23 LESS 20FT R/W Section Acres Map No, Strap No. 04 0.43 2E04 711400482E04 Sub No, 711400 WHIDDEN, FRED -t Use Code 10 VACANT COMMERCIAL 2003 Final Tax Roll Values Latest Sales History Land Value $ 47,000,00 I 03~~t:90 ~ Book - Page I Amount (+) Improved Value $0.00 jp16 -1788 S 50,200.00 (=) Market Value $ 47,000,00 (-) SOH Exempt Value S 0.00 (=) Assessed Value $ 47,000.00 (-) Homestead and other Exempt Value S 0.00 (=) Taxable Value S 47,000.00 ~OH = .Seve Our Homes' exempt value due to cap on assessment 'reases, ; ; - The Information Is Updated Weekly. ,,,,-- Agenda Item No. 178 May 25, 2004 Page 18 of 40 http://www .collierappraiser.com/RecordDetail.asp?Fo lioID=OOOOO81681720003 4/1/2004 " ---- -_...,~'" ._-,,- .-,,- ~," ,-." ..- - Details Page 1 of 1 I Falla No,~ 81681680208 MaR I Owner Name RODRIGUEZ, MARIA C Addresses 5120 DEER RUN RD Cltv IMMOKAlEE U StateD Fl U ZIDU 34142.2318 I legal~ FRED WHIDDENS BlK 4 lOT 7 I Section Township Range Acres 04 47 29 0.13 Sub No, 711400 WHIDDEN, FRED -1J Use Code 0 VACANT RESIDENTIAL 2003 Final Tax Roll Values Latest Sales History land Value S 6,738,00 I 09 ~:~03 ~ Book. Page I Amount I (+) Improved Value S 0,00 3393 . 2022 S 0.00 (=) Market Value S 6,738.00 (-) SOH Exempt Value S 0.00 (=) Assessed Value S 6,738.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value S 6,738.00 SOH = 'Save Our Homes' exempt value due to cap on assessment increases. : ; Im:lDI The Infonnation is Updated Weekly. Agenda Item No, 178 May 25, 2004 Page 19 of 40 http://www,collierappraiser.com/RecordDetail.asp?FolioID=0000081681680208 4/1/2004 ,~-:: .; , -- ...-.,,"'..~ ""---_....,....,.""..... ,~.,.;".,,- -.-._- -~--,,--~._-. ----.---.- ----- ~--_.-..---- ..--..-- Details Page 1 of1 - Folio NO.~ 81681680101 Map I Owner Name ZUNIGA, LUCY Addresses 331 ADAMS AVE W City IMMOKALEE II StateR FL n ZlpH 34142.3109 I Legall FRED WHIDDENS BLK 4 LOT 6 I Section Acres Map No, Strap No. 04 0.13 2E04 711400 462E04 Sub No. 711400 WHIDDEN, FRED "tl Use Code 0 VACANT RESIDENTIAL 2003 Final Tax Roll Values Latest Sales History Land Value $ 6,738.00 I 09~a::03 ~ Book. Page II Amount I -(+) Improved Value $ 0.00 3393 . 2021 $ 0.00 (=) Market Value $ 6,738.00 (-) SOH Exempt Value $0,00 (s) Assessed Value $ 6,738.00 (_) Homestead and other Exempt Value $0,00 (=) Taxable Value . . $ 6,738.00 SOH = .Save Our Homes' exempt value due to cap on assessment ......lC\~reases. ; ; tadiI The Information Is Updated Weekly. ,.,---. Agenda Item No. 178 May 25, 2004 Page 20 of 40 http://www,collierappraiser.com/RecordDetail.asp?F olio1D=0000081681680 1 01 4/1/2004 " ........ -_.~----_. "--~- ....,,---- --,,- .---- Details Page 1 of 1 Folio No, 81681680004 Mil Owner Name GRIMALDO, PABLO=& AGUSTINA A , Addresses 924 MERIHAM DR City 'MMOKALEE I Statel' Fl .. H Z'DU 34142 . I legall FRED WHIDDENS BlK 4 LOT 5 I Section Township Range Acres Map No. 04 47 29 0.13. 2E04 Sub No, 711400 WHIDDEN, FRED Mlllaoe Area -1l Use Code 0 VACANT RESIDENTIAL 5 2003 Final Tax Roll Values Latest Sales History land Value $ 6,738.00 I Book - Page Amount I (+) Improved Value $0.00 2036 -1538 $ 0.00 (=) Market Value $ 6,738.00 (-I SOH ExemDt Value $ 0,00 (=) Assessed Value $ 6,738.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 6,738.00 SOH = .Save Our Homes. exempt value due to cap on assessment Increases. ; ; - The Information is Updated Weekly. Agenda Item No. 178 May 25, 2004 Page 21 of 40 http://www .collierappraiser.comIRecordDetail,asp?FolioID=0000081681680004 4/1/2004 ~-;';', ' , ,">.".",.,~.,,,,..,,",,, Details Page 10f! Folio No, 81681640002 MaR Owner Name GRIMALDO, PABLO=& AGUSTINA A Addresses 924 MERIHAM DR . City IMMOKALEE U Statell FL H ZIDU 34142 . Legal FRED WHIDDEN! BLK 4 LOT 4 OR 2036 PG 1538 Section Range Acres 04 29 0.13 Sub No. WHIDDEN. FRED "'0 Use Code IMPROVED COMMERCIAL 2003 Final Tax Roll Values Latest Sales History Land Value $ 6,738.00 Book. Page Amount (+) Improved Value S 22,145.00 lQ3.6 . 15,3JI $ 0.00 (=1 Market Value $ 28,883,00 (-) SOH Exempt Value $ 0.00 .. (=) Assessed Value .. $ 28,883.00 (-) Homestead and other Exempt Value $0.00 (=1 Taxable Value $ 28,883.00 )H . "Save Our Homes" exempt value due to cap on assessment ;reases. ; ; 11I1III The Information Is Updated Weekly. .-. Agenda Item No. 178 May 25, 2004 Page 22 of 40 http://www,collierappraiser .comlRecordDetail.asp?F olioID=0000081681640002 4/1/2004 .., '0 " ' ~'~i:',~.."c1' ; - -..- -.---. -.-.. Details Page I of 1 Folio No. 81681600000 Mall. Owner Name GRIMALDO, PABLO=& AGUSTINA A . Addresses 924 MERIHAM DR , City IMMOKALEE n . Statel FL g ZIDn 34142. Legal FRED WHIDDENS BLK 4 LOT 3 OR 2036 PG 1536 Section Township Range Acres 04 47 29 0.13 Sub No. 711400 WHIDDEN, FRED -1J Use Code 2 MOBilE HOMES 2003 Final Tax Roll Values Latest Sales History land Value S 6,738.00 I Date ~ Book. Page /I Amount . I (+) Improved Value 2036 . 1536 $ 4,445.00 03 J 1995 $ 0,00 (=) Market Value $11,183.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $11,183.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $11,183.00 SOH = .Save Our Homes. exempt value due to cap on assessment Increases. ; ; r:IlDiI The Information Is Updated Weekly. Agenda Item No, 178 May 25, 2004 Page 23 of 40 http://www.collierappraiser,comIRecordDetail.asp?FolioID=0000081681600000 4/1/2004 ,," ,"" "',"-. .:-"',',:,, (-. . '.',,' ." '. .;..' . "; ",', .... ':~'-l'~..;"'" , _ e;" '..". .."'------- ---.- Details Page 1 of 1 Folio No. 81681560001 Ma~ Owner Name ORTIZ, MARIA DEL SOCORRO V . , Addresses 127 N 1ST S1 Cltv IMMOKALEE n Staten FL U ZIDD 34142.3701 I . Legal~ 7'ED WHIDDENS BLK 4 LOTS 1 + I Section Township Acres 04 47 Sub No, 711400 WHIDDEN, FRED -1l Use Code 1 SINGLE FAMILY RESIDENTIAL 2003 Final Tax Roll Values Latest Sales History Land Value $ 15,400.00 I Book - Page ~ Amount I (+) Improved Value S 21,701.00 28Z6-=-2ill $ 35,700.00 (e) Market Value $ 37,101.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 37,101.00 l-l Homestead and other Exempt Value $ 0.00 (e) Taxable Value $ 37,101.00 SOH = 'Save Our Homes' exempt value due to cap on assessment ........,reases. ; ; 11IIII The Information Is Updated Weekly. - Agenda Item No, 178 May 25, 2004 Page 24 of 40 http://www.collierappraiser.comIRecordDetail.asp?FolioID=000008168156000 1 4/1/2004 .'-." ~-"'-'-~---'~-'''-'- Details Page 1 of 1 Owner Name FROST, EDDIE D=& JULIE B Addresses 126 SENTINElLA CT , City lEHIGH ACRES . StateR Fl D ZIDI 33936 . 0702 I legall FRED WHIDD!NS BlK 1 LOTS 11 + 12 . ... .. .. . SectIon TownshIp Range Acres 04 47 29 0.25 Sub No, WHIDDEN, FRED -t Use Code IMPROVED COMMERCIAL 2003 Final Tax Roll Values Latest Sales History land Value $ 19,250.00 Date Book. Page Amount (+) Improved Value $149,291.00 06/2003 3405 . 1536 $ 385,000.00 (=l Market Value $168,541.00 09 / 2002 3115 . 3034 $ 783,000.00 (-) SOH Exempt Value S 0.00 (=) Assessed Value $168,541.00 (-) Homestead and other Exempt Value S 0.00 I=l Taxable Value , $168,541.00 SOH = 'Save Our Homes. exempt value due to cap on assessment increases, ; ; - The Information is Updated Weekly. Agenda Item No. 178 May 25, 2004 Page 25 of 40 http://www.collierappraiser .comlRecordDetail.asp?F oliolD=O000081680 160004 ------ Details Page 1 of 1 ,- Folio No.1 81680120002 Mall Owner Name FROST, EDDIE e-& JULIE B . , Addresses 126 SENTINELLA CT . City LEHIGH ACRES I State I FL U ZIDH 33936 - 0702 L.gal~ FRED WHIDDENS BLK 1 LOTS 9 + 10 . ,; . .. .... Section Acres Map No. 04 0.25 2E04 2003 Final Tax Roll Values Latest Sales History Land Value $ 19,250.00 Date Book - Page Amount (+) Improved Value . $ 0.00 09 J 2003 3405 . 1536 $ 385,000.00 (=) Market Value $ 19,250.00 09 J 2002 ID5-~~ $ 783,000.00 (-) SOH Exempt Value $ 0,00 (=) Assessed Value . $ 19,250.00 (-) Homestead and other Exempt Value . . $ 0.00 (=) Taxable Value $ 19,250.00 "H = .Save Our Homes. exempt value due to cap on assessment eases. ; ; - The Information is Updated Weekly. - .,-- Agenda Item No. 178 May 25, 2004 Page 26 of 40 http://www,collierappraiser.comIRecordDetail.asp?F olioID=O000081680 120002 4/112004 ,._,', ,: . ,'->~ ::. '.' ::>:: ~<''-{~: ::- ::';/::;:.,:~:::':~\ ::'::':-~"';-~-',t~.~;-.~,,~~, - ......... .-.-.--_. .._---- Details Page lof 1 - Current Ownership I Prope Address 106 2ND ST N Owner Name ROSILLO, JOSE LUIS .' Addresses 1509 IMMOKALEE DR lOT E6 , City IMMOKAlEE I State' FL B ZIDI34142 .3400 \ Legal~ ~~ED WHIDDENS BlK 4 LOTS 16 + Section Township Range Acres Strap No. 04 47 29 0.34 711400 4 162E04 Sub No. 711400 -1J Use Code 2 2003 Final Tax Roll Values Latest Sales History Land Value S 17 ,500.00 Date Book. Page Amount (+) Improved Value S 18,450.00 03 / 2000 2650 . 3207 $ 55,000.00 (=) Market Value $ 35,950.00 10/1988 1389. 645 $ 0.00 (-) SOH Exempt Value $0,00 (=) Assessed Value $ 35,950.00 (_) Homestead and other Exempt Value S 0,00 (=) Taxable Value S 35,950.00 SOH = .Save Our Homes. exempt value due to cap on assessment increases. ; ; - The Information Is Updated Weekly. Agenda Item No, 178 May 25, 2004 Page 27 of 40 http://www.collierappraiser.comIRecordDetai1.asp?FOlioID=0000081681840006 4/1/2004 'or',' '-.' ,'., "',~ , ot--. \' " " ..,..~ ' ,'. . ..'-- ----...--. .---.-.-..----.'---.-.-----.- Details Page 1 of 1 - UID Folio No. 81681800004 Ma Owner Name DE LA lUZ RUEDA, MARIA .. , , Addresses CYNTHIA CHRISTINE HINOJOSA .. . ... 920 NEW MARKET RD W .. .. City IMMOKAlEE R Stltell Fl R Zip. 34142 .3048 Legal FRED WHIDDENS BlK 4 LOTS 14 + 15 OR 1771 PO 2308 I Section ; Township ~ Range I 04 47 29 Sub No. 711400 WHIDDEN, FRED "0 Use Code S MUL TI-FAMIL Y LESS THAN 10 UNIT 2003 Final Tax Roll Values Latest Sales History land Value $ 17,500.00 Date Book - Page Amount 1+) Improved Value. $ 63,052.00 01/ 2002 2963 0 2467 . $0.00 1=) Market Value $ 80,552,00 11/1992 1771 - 2308 $ 0.00 (-) SOH Exempt Value $ 0.00 1=) Assessed Value S 80,552.00 (o) Homestead and other Exempt Value S 0.00 - - (=) Taxable Value $ 80,552,00 i = 'Save Our Homes' exempt value due to cap on assessment . eases, ; ; 11IIII The Information is Updated Weekly. .,-. Agenda Item No. 178 May 25, 2004 Page 28 of 40 http://www ,collierappraiser.comlRecordDetail.asp?F olio1D=0000081681800004 4/1/2004 p, . . . , '. -. ..,~, ,,-', -~"'- . -"'-''''-- ..'_.,~- --.-----...-- Details Page 1 of 1 Folio No. 81681760005 Map Owner Name RAYNOR, JAMES G=& SHIRLEY Addresses PO BOX 1012 CItv IMMOKALEE H StateD FL n ZIDN 34143 -1012 Legat FRED WHIDDENS BLK 4 LOTS 10-13 OR 1014 PG 79 Section Township Range Acres 04 47 29 0.69 Sub No. 711400 WHIDDEN, FRED ""0 Use Code 11 IMPROVED COMMERCIAL 2003 Final Tax Roll Values Latest Sales History Land Value $ 31,150.00 I Date U Book - Page U Amount I (+) Improved Value $ 94,285.00 (=) Market Value $ 125,435.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 125,435.00 (_) Homestead and other Exempt Value $0,00 (=) Taxable Value $125,435.00 SOH = .Save Our Homes. exempt value due to cap on assessment increases. ; ; -- The Information is Updated Weekly. Agenda Item No. 178 May 25.2004 Page 29 of 40 http://www .collierappraiser.comIRecordDetai1.asp?FolioID=0000081681760005 411/2004 Details Page 1 of 1 - ~ ([f) Folio No.1181680360008 MaR II Current Ownership I I Property Addressll202 2ND ST N Owner Name FROST, EDDIE 0-& JULIE B . Addr9Sses 126 SENTINELLA CT Cltv LEHIGH ACRES U StateR FL I ZIPU 33936 .0702 Legal FRED WHIDDENS BLK 1 A PORTION OF LOT 23 & 24 DESC AS:BEG AT NW CNR OF LOT 24, E 20FT, N 3.50FT, E 70FT, S 10.50FT, E ...... "For more than four lines of Legal Description please call the Property Appraiser's Office. . . Section Township Range Acres Strap No. 04 47 29 0.17 711400 1 242E04 Sub No. 711400 WHIDDEN, FRED Use Code 1 SINGLE FAMILY RESIDENTIAL 5 2003 Final Tax Roll Values Latest Sales History , Land Value $13,125.00 Date Book. Page Amount (+) Improved Value $ 12,755.00 09 I 2003 3405 . 1536 $ 385,000.00 (;0) Market Value $ 25,880.00 09 I 2002 3115. 3034 $ 783,000.00 (-) SOH Exempt Value $0.00 . (;0) Assessed Value $ 25,880,00 ) Homestead and other Exempt Value $ 0.00 (::1 Taxable Value $ 25,880.00 SOH = "Save Our Homes. exempt value due 10 cap on assessment increases, ; ; 111III The Informallon Is Updated Weekly, - Agenda Item No. 178 May 25, 2004 Page 30 of 40 http://www ,collierappraiser.comlRecordDetai1.asp?F olioID=00000816803 60008 4/1/2004 Details Page 1 of 1 Folio No. 81680280007 MaR Owner Name FROST, EDDIE 0"& JULIE B Addresses 126 SENTINEllA CT City lEHIGH ACRES I State. Fl H ZlpD 33936.0702 I legall F~ED WHIOOENS BlK 1 lOTS21 + Section Range Acres 04 29 WHIDDEN, FRED VACANT RESIDENTIAL 2003 Final Tax Roll Values land Value $ 26,250.00 Date Book - Page Amount 0 (+) Improved Value 0 $ 50.00 09 I 2003 3405 . 1536 00 S 385,000,00 (=) Market Value $ 26,300.00 09 I 2002 3115 - 3034 $ 783,000.00 (-) SOH Exempt Value $0.00 (=) Assessed Value $ 26,300.00 (_) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 26,300.00 SOH = .Save Our Homes' exempt value due to cap on assessment increases. ; ; - The Information Is Updated Weekly. Agenda Item No. 178 May 25. 2004 Page 31 of 40 http://www.collierappraiser.com/RecordDetail.asp?F olioID=OOOO081680280007 4/1/2004 -. "'-".::. ~,> ",,,;'../"'_->sc <::~~<H"~;~~;~?;~ "_ __,,_ ..-__e......"..,....,.,." 'e,." '''V "'."..__.,,,"..,,,',....."'. '''''. ,.",..."..'.-,~m..''''''",;,.." t - ~ COLLIER COUNTY GOVERNMENT ~&.rTE2: of - - NO o f3':!et::T/oJJ - ... tLo^-loL TRANSPORTATION SERVICES DIVISION 2705 S. HORSESHOE DRIVE TRANSPORTATION OPERATIONS DEPARTMENT NAPLES, FL 34104 (941) 774-8494 March 24, 2004 FAX (941) 659.5787 transporta tion@colliergov.net Mr, James L. McGee 226 Fairway Circle Naples, FL 34110 , , '.:'':'~"" '''',~-<'~<';''''\ - . , . A" ,,' ~. ._........_._--~,.,-_...~,::.,.~.,-..q.--, . Re: Vacation of an Easement Adjacent to First Street, lmmokalee Immokalee Boys and Girls Club Dear Mr. McGee: Thank you for your letter of February 29, 2004, In your letter you requested vacation of an easement platted across Lots 1-16 Block A, Immokalee Subdivision. - Based on a review of your request by all departments within the Transportation Services Division, we offer no objection to your request. . Please advise if there are any questions or if you seek any additional information. cc: orman E, Feder, AICP, Transportation Administrator Gregg Strakaluse, P.E., TECM Dirtector Donald Scott, AICP, Transportation Planning Director Diane Flagg, TO & A TM Director John Vliet, Interim Road Maintenance Director File: Vacations (First Street, Immokalee) - ,. . .. " ;"~ I~ " ~ z'-. ' ! '. :'.l~ij . :;(~:'. ;',~'~.~,; - . , . , . - " ,," ~ ~. . ~ " .. i'- , " , Agenda Item No. 178 May 25, 2004 Page 32 of 40 "~~.- ~_><~N'~"_~_~_,", _____ "...--..,,- --.... ,--...'-- ..j i:' - '. . 226 Fairway Circle Naples, Fl 34110 Q:o~Ol (941) 254-9536 February 29, 2004 ! Mr. John Houldsworth Collier County Engineering Services 2800 N. Horseshoe Drive _. ... Naples". F,L_.?,,4104. ~.-.' --', ,.,'" ~,.- -, .-_.-.._.._...~,.~. ._.-.:".:....-~ RE:"'Vacation-'of Easement Dear Mr. Houldsworth: The PACE Center for Girls is purchasing Lots 1-16; Block A, Immokalee, Folio# 51190040000 to house a new center. The twenty- foot easement dividing these lots must be vacated to accommodate the facility. Please note that similar vacation has already occurred for Blocks Band C. I have enclosed a map for your review. Please execute the "No objection statement" below and return to this address. Sincerely Yours, ~~~J~~,-- U~es L. McGee .~.I have n\ objection to the proposed vacation. .. L\~ j()l\..I. l~ ~Il S~. E loA i..eel( .. \4le.'\- - gnature printed name . title- date j lm/noobj Agenda Item No. 178 May 25, 2004 Page 33 of 40 , ,<-...;....-~,.....~.,:.._-'~.. -, ~btrtff SHERIFF DON HUNTER · COLLIER COUNTY a.O~O \ 3301 Tamiami Trail East, Bldg, J, Naples, FL 341 12-4902 (239) n4-4434 www,colliersherlff.org March 10, 2004 Mr. James L. McGee 226 Fairway Circle Naples, FL 34110 .-..-.- ....,.--_.-..;-;.:~>:' RE: Vacation of Easement Dear Mr. McGee: Staff has reviewed your request for a letter of "No Objection" for the above described project, The particular vacation is as described in your letter of February 29, 2004: to -, vacate a twenty-foot easement dividing two lots so that a PACE Center for Girls may be constructed. The Sheriffs Office reviews these requests to determine if the granting of the vacation will have any foreseeable negative effect on our ability to provide law enforcement services to the area. These services include emergency response, patrol, and traffic enforcement. So long as the vacation, either now or in the future, does not impinge on our ability to deliver these services, the Collier County Sheriff's Office has "No Objection" to the granting of your request. If the agency can be of any further service, please advise. DH:GY:dv File - Agenda Item No. 178 II "The duty of the Collier County Sheriff's Office is to pres 4 ~, the lives. property and constitutional guarantees ~ij,~~o 11 --.-.. "-.-- --- ,.~-~ .~ . . 226 Fairway Circle [I- 0 ^-lDl Naples, Fl 34110 (941) 254-9536 February 29, 2004 Immokalee Fire District 502 New Market Road E. Immokalee, FL 34142 RE: Vacation of Easement Dear Sir: The PACE Center for Girls is purchasing Lots 1-16; Block A, Immokalee, Folio# 51190040000 to house a new center. The twenty- foot easement dividing these lots must be vacated to accommodate the facility. Please note that similar vacation has already occurred for Blocks Band C. I have enclosed a map for your review. Please execute the "No objection statement" below and return to this address. d=elJ ~= James L. McGee I have no objection to the proposed vacation. ~ - I.E. F: ~,x.."7U nil< ttJ,.u1f'" irt~ ign t e printed name ti tIe te' jlm/noobj Agenda Item No. 178 May 25, 2004 Page 35 of 40 f"C -- '",,0>- f -- 226 Fairway Circle [L.a ^-l 0 1 Naples, Fl. 34110 (239) 254-9536 February 29, 2004 lmmokalee Water & Sewer Attn: Eva Deyo Immokalee, Florida 34142 RE: Vacation of Easement Dear Madam: The PACE Center for Girls is purchasing Lots 1-16; Block A, Immokalee, Folio # 51 I 90040000 to house a new center, The twenty-foot easement dividing these lots must be vacated to accommodate the facility. Please note that similar vacation has already occurred for Blocks B and C. I have enclosed a map for your review, Please execute the "No objection statement" below and return to this address. ,-, Sincerely Yours, James L. McGee I have no ob' ection to the proposed vacation, 1 Er~-kv~ T.>,'r()c~r Eu;4-7i?)~o 3-21-0 Y Printed name Title Date "_. Agenda Item No. 178 May 25, 2004 Page 36 of 40 -.,,"- ----...., ~,,~ 226 Fairway Circle Naples, Fl 34110 tL D ^-lO 1 (941) 254-9536 February 29, 2004 Lee County Electric Coop. PO Box 3455 N. Fort Myers, FL 33918 ,._,_,,~...'"___,_ __,_~,RE_:." Vac,Cl,,~~oI). of Easement,... ...'" -...,._-.'--' .__..,,-,'~ ~,........... .,.::~ '~~- """,,,,; ~-- ,~-" "o.-'. Dear Sir: The PACE Center for Girls is purchasing Lots 1-16; Block A, Immokalee, Folio# 51190040000 to house a new center. The twenty- foot easement dividing these lots must be vacated to accommodate the facility. Please note that similar vacation has already occurred for Blocks Band C. I have enclosed a map for your review. Please execute the "No obj ection statement" below and return to this address. a. cerely Yours, ~ J )t;{~ James L. McGee to the proposed vacation. . k'arPYl t-frtrdiYL {'~ 3ka,1c4 printed name title date ....' '- ,...,-~ ~"._.--,.~...,-' ""-',.-_'~-".. -,". j lm/noobj : Agenda Item No. 178 I i May 25,2004 I Page 37 of 40 I P.O, Box 413018 -, Naples, FL 34101 Collier: 239-732-3816 b- DNa l Lee: 239-432-1816 FAX: 239-498-4483 , -@--- .. -~-- ~:;, ~ ~,a.:;":;'~~'_::):;-4>:, comcast .. :~, ..- ' ' ' Mr, James L. McGee 226 Fairway Cir. Naples, FL 34110 Re: . Easement Vacation of rear easement on Lots 1-16; Block A, Immokalee, FL "'----- ......_.__.,~ -- . Dear Mr, McGee, - Comcast has reviewed the plans of the above referenced property, Comcastha.s no Objection to the reareasement vacation request at of the above mentioned lots. .. Comcast has no existing service in Immokalee at this time, If I can be of any additional assistance regarding this project, please do not hesitate to call me. ~;eIY~~ arb Bradford ..... .. .. 239-732-3816 .. . Planning and Design Comcast Cablevision ~":>:... .~ . ",,': '-,.'- :;...,. " ;,-' "- ~. ;, ;. .. ._,,~, '-'. ....'";...' - - Agenda Item No. 17B May 25, 2004 .. Page 38 of40 :;".', <~\ .:: \ " ":'~ ~ ~';". :.<';?)~;j.:~~~~~~~;~~-<;::-:;:~_:~~:~~~~ ~~,,- ~_... _.'~ ~ Sprint P.O, Box 2459 Naples. Florida 34106-2469 March 8, 2004 [L-OI40J Mr. James L. McGee 226 Fairway Circle Naples, Florida 34110 RE: Petition to Vacate - Lots 1-16, Block A Section 3 Township 47S Range 28E Collier County Dear ~rr: McGee' Sprint-Florida, Inc. has no objection to your petition to vacate the following easement: Rear 20' easement between Oak St. and Pine St, from 1 sl St. east to 2nd St. in Immokalee, Florida If I can be of any further assistance, please contact me at 263-6215. Sincerely, ~ Greg Winland Associate Network Engineer GL W Ijw Attach. cc: Easement File Agenda Item No. 178 May 25,2004 Page 39 of 40' -" Agenda Item No. 178 May 25, 2004 Page 40 of'40 . " fiIe:IIC:\DqCl.!ME-1 \grig~r\LOCALS-l \ Temp\ VGM9G24A.htm . 411/2004 . '}'-~.:-> _,", . <~'..~:~':"~;:,~: :.,:,I'::-~~"~:r>'-~:~ ..' :' ,',' ',',~~;':~,~",,~--~,,~:)::<:'.~h;-'~,,':'~':\:~tt~~~2'-~~~~A~~ ._----~-~.._. ..~ "'~".,.,,- ".,._.,~._, EXECUTIVE SUMMARY PUDZ-2003.AR.4575, Robert L. Duane, AICP, of Hole Montes, Inc., representing Benderson Development Company, Inc., requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as The Bosley PUD for a maximum of 303 multi.family atTordable housing dwelling units for property located approximately one. quarter mile south of the intersection of 1.75 and Immokalee Road, in Section 30, Township 48 South, Range 26 East, consisting of 20.23 acres. OBJECTIVE: The petitioner requests a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development for a maximum of 303 affordable housing dwelling units to be known as the Bosley PUD. CONSIDERATIONS: The subject property is located in the southwest quadrant of the intersection of Interstate - 75 and Immokalee Road (CR 846), approximately one quarter mile south of Immokalee Road, - The Bosley PUD is proposed in order to permit a maximum of 303 dwelling units of affordable housing within multifamily buildings, on 20.23 acres of land that are currently undeveloped, Access to the site is proposed through the residential tract of the adjacent Donovan Center PUD (a mixed use PUD), The Donovan Center PUD has access from Strand Boulevard, which meets Immokalee Road at a signalized intersection. The site lies outside Activity Center Number 4, but within the Residential Density Band surrounding that Activity Center. Therefore, the site qualifies for a base density of up to 7 dwelling units per acre. In addition, the petitioner has submitted an Affordable Housing Density Bonus Agreement (attached), which would permit a bonus of up to 8 dwelling units per acre, for a requested maximum density of 15 dwelling units per acre, Staff analysis also indicates that the PUD is compatible with the surrounding properties, The property to the north of the subject property is being developed with commercial uses. When residential uses are developed adjacent to commercial uses, multi-family dwelling units are usually more compatible than single-family dwelling units, The narrow, agriculturally zoned property to the east appears too small to be developed residentially, and therefore may be developed with agricultural uses in the future. The agriculturally zoned parcel to the south is being developed with the North Collier Regional Park. Parks are compatible with residential uses. The parcel to the west is also being developed with a multi-family residential use, and is compatible, - Agenda Item No. 17C Page 1 of 4 May 25,2004 Page 1 of 147 ,,....,,,,..-- ",. ,.'"_..."'F'......""'.......'.,_..."...~_~. ,.,.._"'-_.......;.;....~.."',...- "",,,,,--,';"--"--' FISCAL IMPACT: This rezone will have no fiscal impact on Collier County. However, the further development of the property will result in future fiscal impact on County public facilities, The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development. The following impact fees will be applicable to this project: Impact Fee Per Unit Total . Park Impact Fee: $1,095 $331,785 . Libraries Impact Fcc: $ 238 $ 72,114 . Road Impact Fee $4,170 $1,263,510 . EMS Impact Fee $104 $ 31,512 . Fire Impact Fee: $0,15 per square foot under roof $ 27,270 . Correctional Facility: $118 $ 35,754 . Educational Facilities: $827 per dwelling unit $ 250,581 . Water Impact Fee TBD TBD . Sewer Impact Fee TBD TBD Please note that the inclusion of impact fees and taxes collected are for informational purposes - only, they arc not included in thc critcria uscd by Staff and thc Planning Commission to analyzc this petition, GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict, as identified on the Future Land Use Map of the Growth Management Plan, Future Land Use Element (FLUE): This Subdistrict permits residential development at a base density of four residential units per gross acre. In addition, a density bonus of three residential units per gross acre is allowed for the subject property in addition to the base density because it is located within the Residential Density Band around Activity Center Number 4, The FLUE also allows up to 8 residential units per gross acre to be added to the base density if the project meets thc dcfinitions and requircmcnts of the Affordablc Housing Dcnsity Bonus (AHDB) Ordinancc (Section 2.7.7 of the Land Development Code, Ordinance #91-102, adopted October 30, 1991). A companion AHDB Agreement has been submitted that demonstrates the project is eligible for the bonus of 8 dwelling units/acre, Therefore, the maximum allowable density can be fifteen dwelling units per acre or 303 dwelling units on the subject's property of 20.23 acres. FLUE Policy 5.4 requires that all new developments are compatible with and complimentary to the surrounding land uses. Analysis by the Department of Zoning and Land Development Review staff indicates that the proposed Bosley PUD is compatible with surrounding land uses. Transportation Element: Thc Traffic Impact Statcmcnt indicatcs that thc Boslcy PUD will ............... generatc a total of 150 AM peak hour trips and 185 PM pcak hour trips, The Transportation Agenda Item No, 17C Page2of4 May 25, 2004 Page 2 of 147 Services Division reviewed the proposed Bosley PUD and found that it is consistent with Policies 5,1 and 5.2 of the Transportation Element. Open Space/Conservation: The Environmental Services Department reviewed the proposed PUD and found that it is consistent with the applicable policies of the Conservation and Coastal 1:1anagement Element. ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition, HISTORICAUARCHAEOLOGICAL IMPACT: This parcel is not located within an Historic/Archaeological Probability Area. EAC RECOMMENDATION: Since there are no wetland impacts or wildlife issues, this petition was not required to be heard by the Environmental Advisory Council. PLANNING COMMISSION RECOM.\1ENDA TION: - The Collier County Planning Commission heard this petition on April 15, 2004. The CCPC heard presentations by the petitioner, County Staff, and 3 speakers. The speakers from Collier County Public Schools and the Affordable Housing Commission spoke in favor of the project. The third speaker did not object to the project, but encouraged the County to widen the 1-75 bridge over Immokalee Road to eliminate a perceived bottleneck. At the CCPC meeting the petitioner stated that an agreement had been reached between the petitioncr and thc homcowncrs at thc Strand, involving phasing of dwclling units, No onc [rom the Strand spoke in opposition, Commissioner Strain made a motion to recommend approval, which included phasing, a recommendation for a pedestrian connection to the County Park, and several other changes, Commissioner Adelstein seconded the motion, which was approved by a vote of 8 to O. PLANNING SERVICES STAFF RECO~ENDATION: Because the proposed PUD has been found compatible with the neighborhood and consistent with the Growth Management Plan (including the Density Rating System and the Transportation Element) Staff recommended that the Collier County Planning Commission forward a recommendation of approval of petition PUDZ-2003-AR-4575 subject to the conditions of approval that have been incorporated into the PUD document. - Agenda Item No, 17C Page 3 of 4 May 25, 2004 Page 3 of 147 G:\Current\rei schl\PUD\bos ley'.execsumm - ,-, Agenda Item No, 17C May 25, 2004 Page 4 of 4 Page 4 of 147 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number 17C Item Summary This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members, PUDZ-2003-AR-4575, Robert L. Duane, AICP, of Hole Montes, Inc" representing Benderson Development Company, Inc., requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as the Bosley PUD for a maximum of 303 multi- family affordable housing dwelling units for property located approximately one- quarter mile south of the intersection of 1-75 and Immokalee Road, in Section 30, Township 48 South, Range 26 East, consisting of 20,23 acres. Meeting Date 5/25/2004 9:00:00 AM Prepared By Fred Relschl, AICP Principal Planner Community Development & Environmental Services Zoning & land Development Review Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 5/11/20049:59 AM Approved By Susan Murray, AICP Zoning & land Development Director Date Community Development & Environmental Services Zoning & land Development Review 5/11/20044:16 PM ,-- Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/12/20044:26 PM Appro,'ed By Sandra lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/12/2004 11 :36 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Dale Community Development & Community Development & Environmental Services Environmental Services Admin, 5/13/2004 12:56 PM Appro,'ed By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/17/20043:29 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's OffIce Office of Management & Budget 5/18/2004 9:39 AM Approved By James V. Mudd County Manager Date ,- Board of County Commissioners County Manager's Office 5/18/20045:48 PM Agenda Item No. 17e May 25. 2004 Page 5 of 147 <--..-.. --~.- ----. Co~T County - ""- ~ - ST AFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: APRIL 15, 2004 SUBJECT: PETITION PUDZ-2003-AR-4575 BOSLEY PUD AGENT/APPLICANT: OWNER: RB-3 Associates 570 Delaware A venue Buffalo, NY 14202-1207 APPLICANT: David Gustafson Benderson Development Company, Inc. 8441 Cooper Creek Boulevard University Park, FL 34201 AGENT: Robert L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 REQUESTED ACTION: The petitioner requests a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as the Bosley PUD. GEOGRAPHIC LOCATION: The subject Planned Unit Development (PUD) is located in the southwest quadrant of the intersection of Interstate 75 and Immokalee Road in Section 30, Township 48 South, Range 26 East, Collier County, Florida. (See illustration on following page) 1 PUDZ-03-AR-4575, BOSLEY PUD Agenda Item No. 17C May 25, 2004 Page 6 of 147 - --,. a.. < ~ W I- - C/) M .,..... ., .. '" .. g; < . ... .. .. N N nr;IOl'" I I c ::l - II. ,. Z ...,.. .-nDO ..v:. 0 \ I I i= i. L i= i w I = "I · ;1 II. o 1= II I a.. !p . . ~G. < I- 1= . ill - Iii ~ -" --... Z I! I " -I 0 K - Ii - II · I- I-- < I () i. 0 ;..... -1 . , II II ! n= . , ~ ! . 2 PUDZ-03-AR-4575, BOSLEY PUD ,-" Agenda Item No. 17C May 25, 2004 Page 7 of 147 --' ',-<- --- ,- -,- ... - II z , I · .. I II i - ~~ i i i ~ 11:'" ..~ >i ;; ~ h Cl , . .. .... g ~~~~~~~~~~~~~':;;iS;;;;;;~ .. .. ~ . II: 0 ~i - z u :z: Cl . .. ~~ ~ m z ..:. .. 0 .. 1 >= N + 0 0 I " ci :lJ .. " . .. II: !l u N .. ~t= ..:. .. 0 II: + .. .. II ... :>- U .... .. ... .. ... . o. ! I '" 0 I II: .. II: W ~ ~O~ U ~ Z ~ . ~IC CO. . 0" >- Z ... f ' ~oi to 3 ~ ... H ... ~ -'fl: N I : ~~ :: (,) ffi ~"'c c co " III .. o.,z .. ' z ~% H ~ ~ ~o:5 ~ : ~ ll~ ..____ . Q. C~Q. ~ ::I 0 !!l - ----- .. _~_~_-~~:~~~~~: ==:==:::~~o~_______==____________________ -- ------~---- ---------------------- ,----- ------- - -- -------- ---------- ---------- ---------:,;;.:o-ij------------ ------- -. -------- ----------- _____________________________________________JiL. 111 v I Cttll'llll ..._____________________________________ fHi~ :~~~~~~~~:~~~~ ~~-------~:---_:-:.~---------- ------------------------------- -------------------- Ifjd ---- ___ r.' I~ I I III i i .. I )t .. II: 0: i . .. i II. I :>- i ... z i ~ 0 u ... I. C I E:i II: ~ , II I I 8~ I 0 .. z :;) c . A. > i I 1 >0 I >- I i~ .... ~ g w CD I 0 I CD , w ! :: ./' I l- I .1 H j H I . I I I .. I .. )t I C I ... I , ~g I! , III I "0 ...a. :::l .. ..... " J III Z <!z) i > :; , I -'"'--"---- ---- PURPOSEIDESCRIPTION OF PROJECT: 3 PUDZ-03-AR-4575, BOSLEY PUD Agenda Item No. 17C May 25, 2004 Page 8 of 147 mUltltamily bUildmgs, on LU.LJ acres ot land that are currently undeveloped. Access to the subject site is proposed through the residential tract of the adjacent Donovan Center PUD (a mixed use PUD). The Donovan Center PUD has access from Strand Boulevard which meets ,- Immokalee Road at a signalized intersection. The site lies outside Activity Center Number 4, but within the Residential Density Band surrounding that Activity Center. Therefore, the site qualifies for a base density of up to 7 dwelling units per acre. In addition, the petitioner has submitted an Affordable Housing Density Bonus Agreement (attached) whi~h would permit a bonus of up to 8 dwelling units per acre, for a requested maximum density of 15 dwelling units per acre. SURROUNDING LAND USE AND ZONING: Subject Parcel: Undeveloped land; zoned A Surrounding: North: Commercial development currently under construction, zoned PUD (Donovan Center PUD) East: A narrow strip of undeveloped land, zoned A; across which is 1-75 ROW South: Future site of North Collier Regional Park, zoned AlCU West: Future multi-family residential development, zoned PUD (Donovan Center PUD: 6.64 dula) -/ '. ~>- --..~ '. ~ -........ .. ...... . - " I . " pgJ"-- - ..... ...- - -- " /10' i - proposed f. 80S ley p - PUD.. 4 PUDZ-03-AR-4575, BOSLEY PUD -. Agenda Item No. 17C May 25, 2004 Page 9 of 147 -".".._- ~."-,, ,,-~,- -..- . GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict, as identified on the Future Land Use Map of the Growth Management Plan. Future Land Use Element (FLUE): This Subdistrict permits residential development (with a variety of unit types) at a base density of four residential units per gross acre and recreation and open space uses. In addition, a density bonus of three residential units per gross acre is allowed for the subject property in addition to the base density because it is located within the Residential Density Band around Activity Center Number 4, subject to the Density Rating System. The FLUE also allows up to 8 residential units per gross acre to be added to the base density if the project meets the definitions and requirements of the Affordable Housing Density Bonus (AHDB) Ordinance (Section 2.7.7 of the Land Development Code, Ordinance #91-102, adopted October 30, 1991). A companion AHDB Agreement has been submitted that demonstrates the project is eligible for the bonus of 8 dwelling units/acre. Therefore, the maximum allowable density can be fifteen dwelling units per acre or 303 dwelling units on the subject's property of20.23 acres. FLUE Policy 5.4 requires that all new developments are compatible with and complimentary to the surrounding land uses. Analysis by the Department of Zoning and Land Development Review staff indicates that the proposed Bosley PUD is compatible with surrounding land uses. Transportation Element: The Traffic Impact Statement indicates that the Bosley PUD will generate a total of 150 AM peak hour trips and 185 PM peak hour trips. The Transportation Services Division 5 PUDZ-03-AR-4575, BOSLEY PUD Agenda Item No. 17C May 25, 2004 Page 10 of 147 ~"i';,~"!' --"-"';':"~-. t'-,.;. ..~'~~ ,,'''''1\'; -""t' ~. t.'.;,~ 1 ransportatlon clement. Open Space/Conservation: The Environmental Services Department reviewed the proposed PUD and found that it is consistent with the applicable policies 'of the Conservation and Coastal Management Element. ,...- ANAL YSIS: Staff completed a comprehensive evaluation of this land use petition using the criteria on which a favorable determination must be based. These criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code and require staff evaluation and comment. Each of the considerations identified during the staff review is listed along with a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to this staff report (See Exhibit "A" and Exhibit "B"). Environmental Analysis: Environmental Services Staff has reviewed the petition and notes the following: A. Vegetative Preserve Areas depicted on the PUD Master Plan are permitted for open space (i.e., lakes and golf courses) and passive recreational uses only. Vegetated preserve areas may be reconfigured provided all other applicable requirements of this Ordinance are met. All preservation areas shall be designated as Preservation Tracts or easements on all construction plans and shall be recorded with protective covenants per or similar to Section 704.06 of the Florida Statutes. Any perimeter berm or wall shall be entirely outside of all upland and wetland preserve areas. B. All approved agency (South Florida Water Management District [SFWMD], - United States Army Corps of Engineers [ACOE], Florida Fish and Wildlife Conservation Commission [FWC]) permits shall be submitted prior to final site plan/construction plan approval. C. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 of the Collier County Land Development Code (LDC). F or this PUD, a minimum of 4.6 acres of native vegetation shall be retained on site at the time of site development plan approval. D. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the Preservation Area, shall be submitted to the Environmental Services Staff for review and approval prior to final site plan/construction approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above-mentioned plan. E. This PUD shall comply with the guidelines and recommendations of the United States Fish and Wildlife Service (USFWS) and the FWC regarding potential impacts to protected wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall 6 PUDZ-03-AR-4575, BOSLEY PUD ,- Agenda Item No. 17C May 25, 2004 Page 11 of 147 .....-, tmal site plan/construction approval. F. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals to which said regulations relate. Since there were no wetland impacts or wildlife issues, this petition was not required to be heard by the Environmental Advisory Council. Transportation Analysis: Transportation Division Staff has reviewed the petition and notes the following: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code (LDC). B. All internal roads, driveways, alleys, pathways, sidewalks maintained and interconnections to adjacent developments shall be operated and by an entity created by the developer; Collier County shall have no responsibility for maintenance of any such facilities. C. Adjacent developments have been designed to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assignees, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. Utility Issues: The Utilities Department Staff has reviewed the petition and notes the following: A. Water distribution, sewage collection, and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 01-57, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed shall be customers of the County and shall be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site sewer facilities are available to serve the project. 7 PUDZ-03-AR-4575, BOSLEY PUD Agenda Item No. 17C May 25, 2004 Page 12 of 147 j.j.l.l.~.lJ, Affordable Housing: The Collier County Affordable Housing Commission reviewed the Bosley PUD Affordable Housing Density Bonus Agreement on March 12, 2004, and recommended approval. - Planning Analvsis: The Department of Zoning and Land Development Review staff reviewed the petition for consistency with the review criteria required by the Land Development Code. Analysis finds the PUD consistent with the Growth Management Plan, including the Density Rating System maximum permitted density of 15 dwelling units per acre. Staff analysis also indicates that the PUD is compatible with the surrounding properties. The property to the north of the subject property is being developed with commercial uses. When residential uses are developed adjacent to commercial uses, multi-family dwelling units are usually more compatible than single-family dwelling units, The narrow, agriculturally zoned property to the east appears too small to be developed residentially, and therefore may be developed with agricultural uses in the future, The agriculturally zoned parcel to the south is being developed with the North Collier Regional Park. Parks are compatible with residential uses, The parcel to the west is also being developed with a multi-family residential use, and is compatible. NEIGHBORHOOD INFORMATION MEETING: The petitioner held a Neighborhood Information Meeting on November 12, 2003, at the clubhouse within The Strand subdivision to the north. The meeting was attended by approximately 100 individuals. Of those people who spoke, most lived in The Strand and most were opposed to the proposed PUD. Neil Dorrill, Strand property manager, suggested a meeting with Transportation and Housing staff to discuss issues regarding traffic impacts and the affordable housing element of the proposed rezone, which are the chief concerns of the neighbors at The Strand. ,.....-<., That meeting was held on December 12, 2003 at the Community Development and Environmental Services Division offices. Mr, Dorrill and the three Strand Board members in attendance expressed concern over the added trips that the PUD would add to Immokalee Road and the fact that the PUD's access to Immokalee Road is proposed from Strand Boulevard (south of Immokalee Road) at the same traffic signal utilized by the Strand (north of Immokalee Road). At that meeting, staff agreed to notify Mr. Dorrill of the public hearing dates (the Strand lies outside the 500-foot radius, which requires notification of individual property owners by mail). ST AFF RECOMMENDATION: 1. Because the proposed PUD has been found compatible with the neighborhood and consistent with the Growth Management Plan (including the Density Rating System and the Transportation Element) staff recommends that the Collier County Planning Commission (CCPC) forward a recommendation of approval of petition PUDZ-2003-AR-4575 subject the conditions of approval that have been incorporated into the PUD document. 8 PUDZ-03-AR-4575, BOSLEY PUD - Agenda Item No. 17C May 25, 2004 Page 13 of 147 '-"--'--'- '.'~--"'-'* ,-- . PREPARED BY: ~~Cl~ J.d(:)".O <( FRE P'j:ISCHL, AICP, 'CIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: :at- iE,fIo~ RA Y BEf-. 0 S, flEFPLANNER TE DE? AR ENT OF ZONING AND LAND DEVELOPMENT RE\1EW ~J.J/)vn~~ #t/Q,L . USANMURRAY,AICP,DIRE OR DEPARTh1ENT OF ZONING AND L.\ND DEVELOPMENT REVIEW APPROVED BY: . //Q ~~~ otit-t- IJO EPI~f1rr ADMINISTRATOR I C . MMUNITY DEVE LOPMENT & ENVIRONMENTAL SER VICES DrvISIO'oJ ! Tentatively scheduled for the May 25, 2004 Board of County Commissioners Metting. COLLIER COUNTY PLANNING COMMISSION; IcUL1M,__ RUSSELL A. BUDD, CHAIRMAN . 9 PUDZ-03-AR4575. BOSLEY pue' 9 PUDZ-03-AR-4575, BOSLEY PUD Agenda Item No. 17C May 25, 2004 Page 14 of 147 REZONE FINDINGS PETITION PUDZ-03-AR-4575 BOSLEY PUD - Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. The Comprehensive Planning Department has indicated that the proposed Bosley PUD is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 2. The existing land use pattern; The surrounding land uses are compatible with the proposed PUD. For a complete analysis, refer to the attached Staff Report. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The Bosley PUD is of sufficient size that it will not result in an isolated district ~-- unrelated to adjacent and nearby districts. It is also compatible with expected land uses by virtue of its consistency with the FLUE of the GMP, 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The subject site is surrounded by PUD and Agricultural zoning which have been found consistent with the GMP. Therefore, the proposed PUD district boundaries are logically drawn in addition to being consistent with the FLUE of the GMP. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Affordable Housing in Collier County is deficient by thousands of units. If this PUD is approved, it will have a small impact on that deficit. 10 PUDZ-03-AR-4575, BOSLEY PUD - Agenda Item No. 17C May 25, 2004 Page 15 of 147 -, -"',- ~^_.- -,--_....- 6. Whether the proposed change will adversely intluence living conditions in the neighborhood; Approval of the proposed PUD will not significantly influence living conditions on the surrounding properties (zoned PUD and A). Analysis by Transportation Services staff indicates that the proposed dwelling units will not have a significant impact on this segment of lmmokalee Road. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5,l of the Transportation Element of the GMP and was found consistent, which means that this project, when developed, will not excessively increase traffic congestion. The proposed change will result in an overall, but not significant, increase in daily trips, as determined by the Traffic Impact Statement. 8. Whether the proposed change will create a drainage problem; The Bosley PUD will be required to obtain a permit from the South Florida Water Management District. The project, when constructed in compliance with that permit, will not create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards that are unique to the zoning district in which they are located. These development standards were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; This site is adjacent to commercial, another residential use and a County park. However, an appraisal of estimated future property values resulting from a rezone was not required to be submitted. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The development of adjacent properties, in accordance with existing regulations, will not be affected. 11 PUDZ-03-AR-4575, BOSLEY PUD Agenda Item No. 17C May 25, 2004 Page 16 of 147 individual owner as contrasting with the public welfare; If the proposed rezone is determined by the Board of County Commissioners to be consistent with the Growth Management Plan, the proposed change will not constitute a grant of special privilege. - 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The property today could be used for an agricultural use, consistent with the A zoning district. However, the developer wishes to utilize the bonus density provisions consistent with the Residential Density Band and Affordable Housing provisions of the Density Rating System. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The request is consistent with the Density Rating System of the Growth Management Plan, and is therefore, within the needs ofthe community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites that may be appropriately zoned to accommodate the proposed development. This is not the primary determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, and adequacy of infrastructure. ,- 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. While site conditions may restrict the location and square-footage of the residential building, they would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The rezoning of this property will eventually result in the creation of a residential community . Infrastructure IS currently available to the site. If additional infrastructure were required (e.g. life-safety and schools) it would most likely be constructed utilizing impact fees. The Site Development Plan or Plat will be reviewed for compliance with the Levels of Service required for public facilities in the area. 12 PUDZ-03-AR-4575, BOSLEY PUD ,- Agenda Item No. 17C May 25, 2004 Page 170f147 ~_." ,"-,- "-- "--. PUUZ-ZUUJ-AK- 4575 BOSLEY PUD Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The subject parcel is adjacent to utilities and the physical characteristics of the land are typical for the area. Access is from Immokalee Road, south onto Strand Boulevard and then through the residential tract of the Donovan Center PUD to the Bosley PUD. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. The petitioner has provided evidence that the PUD is under unified control. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Staff analysis indicates that the Bosley PUD is consistent with the goals, objectives and policies of the Growth Management Plan. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff analysis indicates that the Bosley PUD is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The proposed PUD will meet the LDC requirement for 60 percent open space in residential developments. EXHIBIT "B" 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 13 PUDZ-03-AR-4575, BOSLEY PUD Agenda Item No. 17C May 25,2004 Page 18 of 147 lhe PUU lS reqUIrea to meet concurrency reqUIrements at the time ot :site uevelopment Plan approval. 7. The ability of the subject property and of surrounding areas to accommodate ~,_... expansion. Ability to expand, as applied in this context, implies supporting infrastructure, such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads which is available to this site. Infrastructure is in place in the vicinity and its adequacy will be determined at the time of SDP approval. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed Bosley PUD conforms to PUD regulations or requests deviations that staff analysis finds justified. .- 14 PUDZ-03-AR-4575, BOSLEY PUD ~." Agenda Item No, 17C May 25, 2004 Page 19 of 147 "--.",.. -.-.... H__ .--- APPLICATION FOR PUBLIC HEARING FOR: [JPUD REZONE [JPUD TO PUD REZONE Petition No.: Planner Assigned: Date Received: Commission District: ABOVE TO BE COMPLETED BY STAFF l. General Informatiolll Name of Applicant(s) David Gustafson. Benderson Development Company, Inc. Applicant's Mailing Address 8441 Cooper Creek Bou]evard City University Park State F]orida Zip 34201 App]icant's Te]ephon: # 941-359-8303 Fax # 94]-359-1836 Appli~mt's E-Mail Address: davelnlstafson\albenderson.com Name of Agent Rob m L. Duane, A,I.C.P. Firm Hole Montes. Inc. Agent's Mailing Add'ess 950 Encore Way City Naples State Florida Zip 34110 Agent's Telephone # 239-254-2000 Fax # 239-254-2099 Agent's E-Mai] Addr,:ss: bobduane{@l1olemontes.com CO LLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING BOO N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400IFAX (941) 643-6968 ---------- ----------- -------~. PUDZ-2003-AR-4575 PROJECT # 2002110020 ADIIlicatlon For Public Hcarin~ For PUD R....ne 4114103 DATE: 8/1412003 FRED REISCHL " ' "'Be aware thllt Collier County has lobbyist regulations. Guide younelf accordingly and ensure that you are in compliance with these regulations. - Complete the following for all Association(s) affiliated with this petition, (provide additional sheets ifne.::essary) Name of Homeowner Association: Not Aoolicable Mailing Address City State _ Zip__ Name of Homcowner Assochtion: Not Aoolicable . Mailing Address City State _ Zip__ Name of Homeowner Associ itian: Not Annlicable Mailing Address City State _ Zip__ Name of Master Association: Not Aoplicable Mailing Address City State _ Zip__ Name of Civic Association: Not Applicable Mailing Address City State _ Zip__ 2. Disclosure ofInterest Information: - a. If the property is owned fee simple by an INDNIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentag: afsuch interest. (Use additional sheets if necessary). Name and Addres~ Percentage of Ownership Not Applicabl( ADDlleollon FDr p.b1ie H..riu For roo R....... 4/14103 - ++--,'~.- b. If the property i! owned by a CORPORATION, list the officers and stockhc lders and the percentage of stock owned by each. N31\lC and Address, and Office Percentage of Stock Not Apolicable c. If the property i:; in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of imerest. Name and Address PCfCentage of Interest Benderson 85-1 Trost 100% Lineal descendmts of Nathanial Bene erson 570 Delaware Avenue Buffalo. NY H202 d. If the property is in the name of a GENERAL or LIMITED PARlNEREHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership \\'R-I Associat,~s. Ltd, 100% Wayne Rubin 8441 Cooper Creek Boulevard University Pari:. Florida 34201 RB-3 Associatt:s 50%/50% Randall & Ronald Benderson 570 Delaware Avenue Buffalo. NY H202 e. If there is a C ::>NTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Tmstee, or a Partnership, list the names of the contract purchasers below, including the otlicers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Not Apolicable Date of Contract: ADolicaflon For Public Hrarinl! For PUD Rezane 41104103 f. If any contingency clause or contract tenns involve additional parties, list a:l individuals or officers, if a corporation, partnership, or trust. ,- Name and Address Not Aoolicable g. Date subject pro:)erty acquired (X) leased ():10/11/02 Term oflease ~'TS.lmos, If, Petitioner has option to buy, indicate date of option: and date option terminates: _---' or anticipated closing date h. Should any changc:s of ownership or changes in contracts for purchase occur subsequent to the date of app Ii cation, but prior to the date of the final public hearing, it is the rl~sponsibility of the applicant, or agent on his behalf, to submit a supplemental di ;c1osure of interest form. 3. Detailed lel!'al description of the propertv covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more thar, one zoning district, include sepante legal description for property involved in each distIk:. Applicant shall submit four (4: copies of a recent survey (completed within the last six months, maximwn 1" to 400' s :ale) if required to do so at the pre-application meeting. NOTE: The applican': is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed swvey may be required. Section: 30 Township: 48S Range: 26E Lot: Block: __ Subdivision: Not Applicable -- Plat Book_ Page #:_ Property I.D.#: 00197600009 Metes & Bounds Description: 4. Size of prooertv: Ul2.ft. X 661ft = Total Sq. Ft. 8.812.188 Acres 20.23 5. Address/l!'enerallocation ofsublect propertv: West VI of the SW 'I. of the NE \Ii one- Quarter mile south ofl-75 and lmmokalee Road and abutting 1-75 to the east. (See location mao.) : AODJicltlon For Public Marin. For PI!>> Rezone 4/14i1)) - _.--- - --.,--- . '-,,~_. _m --' . --- iR :: II ~ II i . I. .. po. I - .. !! .. I - ~ :! 0.. c( ~ :E ~ s IiI: Z ! ~ = O~ j::z 1Je~iCO - ...... ';,-.,:,11- - . . till' I III If I ;(ll11llt Jill I:,'~I rill l~ t.ir III !l~!ti;;l! ~ II il,1i' ~ · il il illr 11 l,!IIII!,l ,~! , Hrl J ; I ,jltr t t lUll IJ I! ~Ii~I' I l' I, ",II .~ "J~,II.ll ~ I l'"lI! tl ill r 1111"111Irl~ , l\i~'ti t II I 11 ~ I~ i.'dp~. I ,-, 11 !II I ,'I 11 ill ~l tl'ltll}!i \ n\lii 11i 'i lli \t li(lliti! . "tili t: 1 [Ii .1 ttilJ!!I'! hili I" I 5 II "1 'JJrll tt"r. ,1 I1II il .~W-I'I I "1 · I J I ~ r I' '1 ;J1H.\ n I~ ~n:lll' Agenda Item No, 17C May 25, 2004 Page 25 of 147 ",,-., .. _.-.. -,- ,.. --..- .-.- ~ . . . . ""'" . , , . " . . - .. . .. " . . . - 7. Adiacent zonin!! Bnd land use: Zoning Land use N PUD vacant - commercial & residential ~..-.~ S A vacant E PUD I-75/residential W PUD vacant - residential Does the owner of the: subject property own property contiguous to the subject :?roperty? If so, give complete legal description of entire contiguous property. (If space i~ inadequate, attach on separate pag:). Section: 30 Township: 48S Range: 26E Lot: B10d:: Subdivision: Not Aoolicable 000198400004,00196760005 Plat Book_ Page #:_ Property I.D.#:001978520008. 00198440006 Metes & Bounds Des(ription: See attached Leeal Descriotion 8. Rezone Reauest: 111 s application is requesting a rezone from the "A" - Al!ricu1tural zoning district(s) to tlte PUD zoning district(s). Present Use of the Prcperty: Vacant Proposed Use (or ranEe of uses) of the property: Residential- 303 work force housing - units Original PUD Name:_ Ordinance No.: -- 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development CJde, staffs analysis and recommendation to the Planning :omrnission, and the Planning Corrmission's recommendation to the Board of County Commi;sioners shall be based upon consideration of the applicable criteria noted below. Provide: a narrative statement describing the rezone request with specific reference to the criteria:loted below. Include any backup materials and documentation in support of the request. AnnllOlltinn For Public Hoarlnl For POO Rezone 4n4103 ,- May 25, 2004 Page 27 of 147 -"..~."..-.." -.-" "._._u ...~.." Tl:.lr 1lwNmcm ~ Jy: WIIJ.JAM SCHWEXH.ARDT "=rocr m 1_ . 900 S"u:lb. A._ SlJ\llh, 1230 NIIpla. PI. 3<~Ha hn:l:l ~o&... 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PI. 33763-1111. h=iaaf= c:aIlad. dlc '~': ~__...... __ -ar...~ ~ ...... ......... _ ___ ... lilt.................. ... .... .,......... ..... -....... ~~ wrINE:SSE'1'H: 1lw lba OrmJgr. liar IZld III ca&lIic5crIQall a( tU Jam at S10.oo, Illl1 orjjer vahlabl~ ....-;"-"'"QI. RCalpc ....he:z:af b hc:tehr 1ClclDwJ&dpd, bc:by JnQiI. b&rpilIs, Idla. aIi:m, nlIIllscs. relca=, CCIZIYq\t 1:1:1 =zfi:ms" = tl2e G:zm=, all die cauiI1laz1d clnIau: i:lI Call1.r CcouI:Ify, Florida. vi: "See Lcpl ~ abcbad ha'&lD a11lWie a pet bareat. ' SUBJECT TO r:sttil:dom IIll1 caaItIIIIlts =21 to thlllllhciivisiol1, 8lI4 ad ~ _ far !be )'ClIt 1991. Gnma: w.mzlt: lbat w sul:ljea ~ is DOC his homcs=ad. me! tl:&t he =cbs lit :z,u nlizll A.vem= Nann. Napla, Florida. . TOGETBl!1, wiIh aIl1h D:::lIl::mQU. h~ &Ild ~ cl1a:nto lMIonPg or m 1J1)"W'ise appcn:sil:li:ll&. . TO RAVE AND TO HOLD. !hill WNl i:lI flie simple flI~. 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W\ t.Ltt ~ ::.tr..lla:uvue "'- qul:""..a&' af tM .dd s.c:d.a.., :lOr ~c-. :u s.uu ItCl :n.' :'1- Eu'l:. &lonoy ~ 1111111:. l.1.:1a a~ =- lad uU lit e.. a:..~ halt aC ua Jear"..M,_1I, '~ ., gll ...J.4 saci:-..1an ::10 t= & ttJ..ft.&r,c:. ae 11::1. U . b&~ ~ . ...I.A~ liP 1:ae ~1:U'1:r d.p!:-a~-VI}' 1.I..nP of S.fZ. '" rxn~1:It.& '75) .... ~ I'CDT 02' ~ af cae puc::.a.t. DC l&nci ha:d.n ~l Cam:II~. S. 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Z"Q:II saea II 24' :1'- !a&t .a1alf c. ,sClIlU 11:1- at ~. ,seat.!:::wlurC: ~ ar !:.hll s.l~ ~ .t =- tlorcAV" ~ ~....:' lit t:.lIe Nft"I:Jl,.....-l:: 'I'Iar--- at Ua a&JAI ~n ::JQ tor · I\LUIt:.&IIlM at ::1:10.%:1 f~ I:llI Qa s.a~r. c:IIl:ZIC' at C. w_t; l:l&lt .t U& 1'_: .baU as: e.u JI'~~ ~ af c.Il& 1IC1~ lparur of C. 84;l.ct. .s.=.Lcna :101 QaDc:a :-.m Jf~ 00 U' 40- ~ UIIII'lJ t:lIa " :ut :1.1.n. aC =a 11_1:0 u.1.c d ~a' .~ 11&11: ..c Qe Jfa~"''''~' ....U"Cu. cat t.ba .~~ead ~C' at tha a.l.d $~.l.aa :10 Car a ~C:.. a1 l~OS..:rll t_'I:. 'CoD~ t:ba __=.-_ 0=- ae Qa JI..r'tINan: .pu'CU Clf Qa JC~ ~u at =- . J(CI~ ~ ot':ha 1&cIr':a~ ~ c;f aa _ill Saco:ion )0; ~ '1:\IIa IIlll:lll:1:Jl .1 25. 1'- ~ &lcra9 tll.lI SOU= line at :.All Jr~1: ~ac a: =-- ~c ~ af tb.a 1I0rt1rlle.sc ll\.l&rt:ar cat 'aa ~ ~ .t u.a ....w s.c::l::'1In :Ill felT a cli.-un=& a: :teler. a'7 :!_r. 'CoD . p.!..n'l:. loa. llll t..1: ll~ .t, &II -.nu.c a r. riql'l c: .....laa ,\.8, al. Zaat: liD_ .C Qa t1l1:'ClW_C: ~ .t CIl. Jlen:a....'l: qv.az1:lR' IIf at.a ~ ~-= .t da_ JI.re..~ q\Ur't1U:' ar l:Jl,c aU .s.d:.J._ :so, ~. ~ II~ 011 :a~' 410 1IuI~, puoa.l1.l v11:1l tal z..&-,: 1.1IIe 0", '-Ii. lIlorUl_II~ tp&~ :If Qa lfor'l:Jl'o/oSft ~..c.r cl u.. ll=-~~ ~ at t.b.. "a;:1:JI~ cp&~ 0:: =a. sa cI .s~1Qn' :lQ ~er:' . .u''C&nca at 11:1." C_t ta Oa &.Q,~lr d9'll.e-o(-Vat l.\.r1.e at l:.a. "" ttntaraut.a 75); ~ t'W\ IIllrth II 1,S' %9.lIu,: ..1on.. _:;cI np..c.-oC_y liDlI far I cU.l:uDC:a at HC.1' t... c.; th<<nC:1 :"Cl JIc:n:1::r. U 3.. :S." V"'I:. e.lllZ'lf ..14 d,Il.t.-1Zf-'":lY U.,. to:' .. cUs=-:a of SU. 52 teat to t.IW Pc:Jrr 01' Itc:;.oamcG. ..-, ~ , C==menc:. a.t: th& )Zoreh q\1&r1:e; c:o:n&:' of Se~ion 30, Township .. s~t:h, ilan.. 2& ~e. c:)l1.iu Ccunl:Y. FlorLd&, thence SClI.ltA 00"3:1.' U Eut 1'0.02. chance 5;u:'1::h Ill- 2~' :a - lue 22' ,,7 fnt: tQ ~. POJ:!ilT or S!GI1QiDlG of the land. de.!::, i.I:J.d here.l.rr',ehe:u:e :ont:i.:lI.r.. Scn;t:h 811'25'2'" .U1: 81.06 :!.a1::1 thence S~th "8'5"'2" EAIC 25 .38 f.e~ t.eI ~. Z.ct: line of the: I.'lol:"l:hvest ~art.e: a:l: th.It So~h"'est qua..r-::er Clf eo". IlQrthwe.t: qllaner of tha '''orcheu!: quar.:e: of uit1 Sect:ion J o. '%'Qvnsl:.1~ 48 SClI.!th. Ra~ :!, Eue 1 tAlItll:e Soutn alCltl1J .aid Su,: liDe, SQuch 0.0:1..07 Mest: :1.77.87 feet; ~:h8nc. !iortn 88.;21' 0"- "UI: 100.:l.l filet, chenee 1'lpn;l:\ 0"3:1.' :1.2" WIISt, :l.U." f=et :0 I:bll Souen r1;ht of w1I:'/ line of CQI,Inty Road 141>. . '1.\11'40' r 7^^ '7 ."., tlt_.. ;-0'..1 ? 'd 9Bl 'OK ".-... Agenda Item No. 17C May 25, 2004 Page 29 of 147 ,.-..,-- --. _...- /' IN' wn'NESS 'WBIUOF. tho Rid Cl'lIZllar imll1='cwlra set lliIlwld Il:ld seal tlIlI ~ mci year ftrsl above wriaIIcl. . SiJlll'l. xalcd eel cIt:Uvmd if~c. PA.i -7 HER!E1TC. POHLMANN. as TnlSIae "f lbeHIrt>o:rt C:, Pahl:alm Dc1m:lan or TNSt . . S't'",TE OF PLORJDA. cqt1N'I'Y OP COI..LIER. mE FOItEGOJNC Jm'tJtJMENT wu acbowJedpl bc!vn: _ dIIs ..Ia- day of Novcznbcr, 1m, by nERmJtT Co PO!IIJdA1JN. as Tru. llf * Harilct Co PahlmmA Dt:cImziIlla af T1'\lIL Her Is pc:ncll.Illy W~~=~W'-'--~-~iZ~ ~ Commiaiall ~:~,,\l""Il1Il/'/~ ~~ <:.C\'oWEl~ ~it': ....-... "t. *~ "~:\....,~ s . ~ .. ~ s:~ of,,"' ~ ~...: e _... _ iw~ ~\\~ICCII5'2S1 fJ.~~ ~S ~~" '=" . . '\.'SC":-....~~J::- ~ .m~~\~.... '/"'~"'ItIOl' . E 'd 9Bl 'ON WJH:C 7nt\7 'n7 'une ~C-d Agenda Item No, 17C May 25, 2004 Page 30 of 147 _ __ ________ ______H_. n______ .__ _ ________ _..____._, r The suitability of t~e area for the type and pattern of development proposed ir. relation to physical character istics of the land, surrounding areas, traffic and access, dn~inage, sewer, water, and ?ther utilities, -, 2, Adequacy of evide'lce of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed. particul,lrly as they may relate to arra 'lgements or provisions to be made for the continuing opera tion a1Uf maintenance of su,;h areas and facilities that are not to be provided or maintained at public expense. F.'ndings and recommendations of this type shall be made oniy after consultation with lhe county attorney 3. Conformity of the. ,roposed PUD with the goals, objectives and policies of thE growth management plan, 4. The internal and e:cternal compatibility of proposed uses, which conditions may include restrictions on 10c,ltion of improvements, restrictions on design, and buffering and screening requirenents. 5. The adequacy of u ~able open space areas in existence and as proposed to sen'e the development. 6, The timing or seq~:ence of development for the purpose of assuring the adeqUl.lcy of available improve, nents and facilities. both public and private. 7. The ability of the .subject property and of surrounding areas to accommodate ~pansion, 8. Conformity with P UD regulations, or as to desirable modifications of such re.~lations in the particular cas/', based on determination that such modifications of justifi(,d as meeting public pUlpOSes to a degree at least equivalent to literal application (If such regulations. 9. Deed Restrictions: The County is legally precluded from enforcing deed restnctlOns, however, many comnunities have adopted such restrictions. You may wish to contact the ._, civic or property ownm; association in the area for which this use is being requested in order to ascertnin whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subiect DrODerty: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the rature of that hearing? ADDII..tIo. For Public H..r1n~ For PUD Rom.. 4/14103 .- May 25, 2004 Page 31 of 147 --.---.-.-""'.- ---.,.- ._--~ -, " --~._,-_._- - .. - a. A copy of the pre.application meeting notes; b. If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Imm.)kalee/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8Y:z" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the folic wing [Additional copies of the plan may be requested UPO:l completion of staff evaluatiorl for distribution to the Board and various advisory board:; such as the Environmental ACvisory Board (EAB), or CCPC]; . all existing and proposed structures and the dimensions thereof, . provisions fo:' existing andlor proposed ingress and egress (including pedestrian mgress and egress to the site and the structure(s) on site), . all existing andlor proposed parking and loading areas [include matrix indicating required and ')rovided parking and loading, including required parking for the disabled], . required yards, open space and preserve areas, . proposed locations for utilities (as well as location of existing utility services to the site), . proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. An Environmertal Impact Statement (EIS), as required by Section 3.8, of the Land Development O>de (LDC) , or a request for waiver if appropriate. e. Wnether or not aD. EIS is required, two copies of a recent aerial photograph, (taken within the previous tw,~lve months), minimum scale of one inch equals 400 feet, shall be submitted, Said lerial shall identify plant and/or wildlife habitats and their boundaries. Such identificati,)n shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation cf the acreage (or square feet) (If native vegetation on site, by area, and a calculation and location(s) of the required port on of native vegetation to be preserved (per LDC Section :I.9.5.5A) A.liation For Public Hearin. For PU[ RezoDe 41l4,u3 May 25, 2004 Page 32 of 147 - u ~, h. A historical and archeological surveyor waiver application if property is bcated within all area of hislOrical or archaeological probability (as identified at pre-application meeting); I. Any additional requirements as may be applicable to specific conditional uses and - identified during the pre-application meeting, including but not limited to any required state or federal p,mnits. ], An electronic veJsion of the PUD on a disk as part of this submittal package k. Boundary Sur\'e~', no more than six months old - LOe Section 2.7.3.1.2.(8) Please be advisld that Section 2,7,2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of COUDty Commissionen. Based on the Board's fmal action on tbis item, please remove all public hearing advertising sign (s) immediately, - ADDUcutlon For Public Harl. For PUll IlorJon. 4I141U3 ,- May 25, 2004 Page 33 of 147 .-"- -'--' ' .~-,,- l. NAME OF APPLICANT: David Gustafson. Benderson Develooment Co.. Inc. 2. MAILING ADDRE5 S: 8441 Cooper Creek Boulevard CITY University Pak STATE Florida ZIP .M2QL_ 3, ADDRESS OF SUBJECf PROPERTY (IF A V AlLABLE): 4. LEGAL DESCRIPTION: Section: 30 Township: 48S Range: 26E Lot: Blocl{: - Subdivision: Plat Book Pllge #: Property 1,0.#: 00197600009 Metes & Bounds DeH:ription: See attached Legal Description 5. TYPE OF SEW AGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM r8J b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PACKAGE TRI:ATMENT PLANT 0 (GPD capacity) e. SEPTIC SYSTEM 0 6. TYPE OF WATER ~,ERVICE TO BE PROVIDED: a, COUNTY UTILITY SYSTEM r8J b. CITY UTILITY SYSTEM 0 c. FRANCHISED 'UTILITY SYSTEM 0 PROVIDE NAME d. PRIVATE SYSTEM (WELL) 0 Annllcation For Public: Renin. For POD RltZDlle 4/1...103 May 25, 2004 Page 34 of 147 B. SEWER-PEAK 70.902 AVERAGE DAILY 54.540 GPD 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: Janua:-y, 2004 ....-- 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage tn:atment process to be used as well as a specific statement Iegarding the method of affiuent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engmeer, 11. COLLIER COUNrl' UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilitit:s the water distribution and sewage collection facilities within the project area upon completion of the constroction of these Ja.cilities in accordance with all applicable County ordinanct:s in effect at the at time. This Slatement shall also include an agreement that the applicable system development charges md connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving he water and sewer systems, 12, ST ATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or othexwise>rovided for at the pre-application meeting, if the project is to receive sewer or potable watl~ services from any provider other than the County, a sttiement from that pro\'ider indicatir g that there is adequate capacity to serve the project shall bl: provided. Utility Provilllo. Sta_DI RJM 10/17/97 - ADDlicatioD For PabUC', Hart... For pun Rezone 4/14"3 ",- May 25, 2004 Page 35 of 147 ,.--- _."...~,-~-- . .-.. --"-'._.'~------ : I . I I' I , t .. .. . .' .' .. , - t . . . . . , . . . ' . . , REQUIREMENTS ~ UJ< l~Ul COPIES REOUlRED REQUIRED 1. Completed Application/l'UD documents 24* 24 2. Copy of Deed(s) and list 'dentifying Owner(s) and all 2* 2 Partners if a Corooratioll -, 3, Completed Owner/Agent Affidavit, Notarized 2* 2 4. Pre-application notes/mhutes 24* 24 S. Conceptual Site Plans 24* 24 6. Environmental Impact Statement - (EIS) 4 4 7, Aerial Photograph - (Wit.1 habitat areas identified) 5* 5 8. Completed Utility Provisions Statement (with required 4 4 attachments and sketche.) 9, Traffic Impact Statement - (fIS) 7 7 10. Historical & ArchaeolOgical Surveyor Waiver 4 4 AlIlIlication 11, Copies of State and/or Ft~eral Permits 4 N.A. 12. Architectural Rendering of Proposed Structure(s) 4 N.A. 13. Application Fee = 55000 + 525 per acre Inc. nata Conversion - 525 Fire Code Review = 51SC EIS Review = 51600 Cbeck shall be made payabl.~ to: Collier County Board of Commissioners 14. An electronic version of1:he PUD on a disk as part of Inc. the submittal Dacket. 15. Affordable Housing Den:dty Bonus Agreement 4 4 includinl!: aU ADDendices and Exhibits. 16. Boundary Survey (no mDre than 6 months old) 5 5 17. OTHER REQUIREMENTS: ,~. . Docwnents reqWJ:ed for Long-RIDge Planning Revlew.1 additional copy iffor affordable housing As the authorized agent/applicant tor this petition, I attest that all of the infonnation indicated on this chI\( klist is included in this submittal package, I understand that failure to include all necessary submittal information may result in the, delay ofproc:essing this petiti~~~ ~ ~ yz~ Agent/Applicant Signature ate ADDUcatlon For Pub'\< Hurl.... For PuD _ne 4114IV3 - -- _0, I ~ AFFIDA VIT We/I, Wayne Ruben being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter oflhe proposed hearing; that all the a7lSllers to the questions in this application, including the disclosure of interest information, all sA etches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the inf0171l Won refJuested on this application must be complete and accurate and that the content of this fonn. whether computer generated or County printed shall net he altered. Public hearings will not hI' advertised until this application is deemed complete, and all refJuired information has been submitted. As property owner Well .fUlther authorize Robert Duane to act as ourlmy representative in any matters regarding this Petition, Signature of Property Owner Typed or Printed Name of,'Jwner Theforegoing instrument }olas acknowledged before me this 3 day of _IJefI ef,~/ae1'-- ..;# ~.'>by 1.1 5:'Jt1L 72./; b e-l^- who is ~rsonally known to me or has produ,:ed , as identification. ') I _) (, 1,f}ou ./ State of Florida (Si ature of Notary Public - State of County of Collier Florida) [.,'sa P fYJ /J.I t"'I Dr {, Yl e... (Print, Type, or Stamp Commiss ioned Name of Notary Public) ~ USA P.1lUCCWIONE Al'PLlCA nON FOR PUBLIC HEMUNG FOR PUD REZONE _ 10/98 . '"1 lIY COMIolISSlCW' 00 137750 , . EXPIAES:HlMmbIr4,m -- 16 May 25, 2004 Page 38 of 147 . _- ----,r--.- -- ----- --- F;" t,.. I tIIRI'V moi8lll. ItJaDll in bald WM In: puinld.. 1. IAcel-criptlaa of lUbjed t"lllpCll'ty or pmperDa {.. -.. . CII' " ..-.-. "lll"'...'~ .~-" -- _f>--/ We ~ af1hll SW 'h orb NE V. 2. Polio (Propaty m) 1IUIIMr(/l) of IboYe (dtIM ID, fir DROCiI* witIt. l",.u MlcriptirRI r[ IIIM'lr t1wm OPt.) i 00197600009 - 3. SUeet ~I Dr ~ (a4' "l'Plioahz.. ifGhttdy-~ I ~/A 4. Loca'd4la map, a'bowl1la IIltKt loc:Ition ofprojlClt/lIitc in rdatiaIllD ~ pab1ic ra1 risbt-of-.....y (=-h) 5. Copy of IUI:YtIY (N1lBDliD ONLY POll UNPLATTBD PllOPBR.1'IBS) 6, PropDMd prajeet DllZnCl (if llJlPlietlhI.) '1J1A 7. PropoIId. SUMt DlIIIHII {ifapplicllb"} NJA. I 8. Site Deve\apDlll1t P1m 'Nambcr (P'OllI!XJSTING PllQJBC'I'SISITBS ONLY) I SDP_-_ 1 g, ....... Type _ (Campleta. l:peate AddnMil:I& Cba:t1i1l far eIl:<h PetitiClll Type) ~SDP(9lto~PIIa) o PPL (Pta.... PIli llericrw) SDPA (SOP A"'-'-d) ~ ~~-p~ SDPI (SOP ~ (:::bBp) SIP (!ita ~ Plan) lLA (IA LiDc Ad,jaIImaIt) SIPA. (SIP Az&rot"""-t) BL <BlutiDa Pamit) ~ SNR CS1:r-t NaDIl Cbap:) 'ROW (ltiIbt-of-Wayhrmit) vopatianlB:mlic (Viti- aCllDlMll PeuaitI) BXP (l!xcavIticD Ptaail) \ LIIId V.. htitiaa (V1lri1lDl~ ~.1 Vile, VJtSFP (VClI- RDovalI; Site Pill Pemit) Boat Dock en, 1t.azDDcl, POD NZl:IDC, CIC.) Oat.. DaIodbe: 10. Project a:r ~ DIIIIIIII jllwpuMCI fbr, or alndy."..m. m. ~....imam dclc:uIuDta (if appllcabbl; ~ wb8lIur pmpolCld or MiItia&) Piaue a.ck Oot:: I8l Chocklilt :1I1D be Fa.CICl S_ O 1WIcmaDy Picbd Up AppUDat N_llo~ DaIIIl.e nOM ~~254-2000 I'u ~9-254-:Z099 ~ 011 ~ C=klisl doeIlKlt ....-tiNk PIaject mdlr:rr Strellt NIIM 1J'PM"&l- ill lDbject to 1mtba' J'lM", by 1ba AddreIIiD& ~ - IfOJlSTAl'PUSE ONLY Pdmary N1Imhar l.\ \ 0.~ AmbIIl Number ~~.P~_\c-~-oc_ Addrea Numbar Addrea Number REC rVEO ...... ..21.01 W:\ZClO:l\2OQ2121\I.AA.\ADDUSSING C~_.doc - May 25, 2004 Page 39 of 147 _'~w'_ . - . " ~ . - ., , ~ ~ ~ " ~, - - -- ~ . - - . . - . . . - . . . . --;.J-. *------ - - -. ----- -- .c- .- r-- . ---- ~ ~ ~ TIS submlttals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required tilr petition of ten acres or less, ,- MAJOR TIS: Required for all other rezone requests. A minor TIS shall include tile following: 1. Trip Generation: Annual Average Daily Traffic (at build-out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2, Trip AssigJUnent: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact ofthe proposed we on affected major thoroughfares, including any anticipatl:d changes in level of service (LOS), 5, Any proposed improvemmts (to the site or the external right-of-way) such as providing or eliminating an ingresslegJess point, or providing turn or decellanes or other improvenents. 6. Describe allY proposal tonitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation El'lment(TCE) of the Growth Management Plan (GMP), including policies 1.3,1.4,4.4. 5.1,5.2, ~'.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall 1.150 include ,.- an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3, Future Traffic 4. Through Traffic 5. Planne<VProposed Roadway Improvements 6, Proposed Schedule (phasing) of Development ADDliadon For Publlr HeariM For PUD RnoDt' 4/14103 V ,- .--- .-..<. 1. Trip Generation: Pro\;de the total traffic generated by the project for each lin{ within the project's Radius of Devdopment Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Ger.eration Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates, 2, Trip Assieoment: Provide a map depicting the assignment to the network, of those trips generated by the proposer project. The assignment shall be made to all links within the RDI. Both annual average and peak ~easonal traffic should be depicted. 3, Existine Traffic: Provide a map depicting the current traffic conditions on all linJ:s within the RDI. The AADT, PSDT, :md LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County GeneraliZ(:d Daily Service Volumes as set forth in the TCE of the GMP, 5. Radius of Development Influence lRDn: The TIS shall cover the least of the following two areas: a) an area as set fortl below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRl Other (commercial, industrial, institutional, etc,) o - 49,999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199,999 Sq, Ft. 4 Miles 200,000 - 399, 999 Sq, Ft SMiles 400,000 & up SMiles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6. Intersection Analvsis: An intersection analysis is required for all intersections Wlthin the RDI where the sum of the pe.lk-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 7, Backeround Traffic~ The effects of previously approved but undeveloped or partially developed projects \\ohich may affect major thoroughfares within the RDI of the proposed project shall be provded. This information shall be depicted on a map or, alternatively, in a listing of those projec:s and their respective characteristics, ADoliCltion For Pubiit Hearinll For PUD Rezone 4!14J03 CountY Land DeveloJ,ment Code, This estimate shall be for the projected development areas within the projects RDt A map or list of such lands with potential traffic impacl calculations shall be provided. 9. Throul!h Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015, The metllodology used to derive the estimates shall be providee,. It may be - desirable to include any additional documentation and backup data to support the estimation as well. 10, Planned/Proposed Ruadwav Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall als J be included. 11. Proiect Pbasin2: Wlen a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigatd through a phasing schedule, such a phasing schedule mHY be made a condition of any approval. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number, The application will be considered "d08ed" when the petitioner withdraws the application through written notice or ceases to suoply necessary information to colllinue orocessin2 or otherwise actively pursue the rezonin2 f,Jr a period of six (6) months, An application deemed "closed" will not receive further processing arid an application "closed" through inactivity shall be deemed withdrawn, An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a detennination of "sufficiency". Further review of the project will be subject to the ther, current code, (LDC Section 2.2.20.2.3) "-, AnDlication For Public Harl.'" For PUt RaGne ../UI03 - May 25, 2004 Page 43 of 147 ," .--,._,- --- -- I CJ ~"iIt_l:UII - - -- I .... . . I . " ! J . . \ . ~ - ~ --- . - - - . ~.i i " " " I I I I "':" - " .- -.:'IW.U1lliIIO {CA...., -"""" - . I . . i ! .,., -.-. -- " ~ .... 1ol1[ m_1IJ " I I , ..... ::,i"~~ In ~ , , I "",0 I , + , LOCA TION MAP SITE MA fPage 44 of 147 PETITION "PUDZ. 2003- AR- 4575 Details Page 1 of 1 -- - Current OWnership I \ Falla Na,1I 001117600009 MJ~ Property Add.....1 NO SITE ADDRESS Statal NY n Z1PI142~ I LlIlIal!30 48 26 W112 OF SW1/4 OF : NE114 ZO AC OR 724 PG 276 \ Sectlan j Township 3 Range ~ Acres I MIlp Na, 30 46 26 20 3B30 l Sub No, II 100 3. NON-AGRICULTURAL ACREAGE , -t MIUaae Area E ~ MillaGe \ -t l.t~d.' 99 47 13,1244 2003 Final Tax Roll Values Latest Sales HlstOr)' $ 810,000.00 \ Date j Book. Page E Amaunt $ 0.00 10 I 2002 nK:-.U~ $ 1,000,000,00 $ 810,000.00 $0.00 - $ 810,000.00 $ 0,00 . Taxable Value S 810,000 ,00 SOH' "Save Our Hame.- exempt value cue la cap an assessment inae8ses. ,,- - The Information is Updated Weekly, http://www.collierappraiser.C{,mIRecordDetail.asp?FolioID=OOOOOOOI976OOO09 3/23/2004 ,- ._.~. -------.,-, Division of Corporations Page 1 of2 ~ Foreign Profit BENDERS ON DEVELOPMENT COMPANY, INC. ~ -,,- - -' - PRINCIPAL ADDRESS 8441 COOPER CREEK BLVD, UNIVERSITY PARK FL 34201 Changed 06/21/2000 ~---- ,-- --.. MAILING ADDRESS 570 DELAWARE AVE BUFFALO NY 14202 US Changed 05/03/2001 Document Numt'er FEI Number Date Filed P3343 1 160834011 031191199 ] State Status Effective Date NY ACTIVE NONE Last Event Event Date Filed EveDt Effective Date REINST A TEME:'o/T 1213011993 NONE ~ - I Name & Address =:J I CORPORATIONSER~CECOMPANY ] 1201 HA YS ST, TALLAHASSEE FL 3230 I I Name Chansed: 05127/1997 ~ I Address Changed: 05127/1997 ~ .. __H Officer/Director Detail I Name & Address II Title I ~ BENDERSON,NATHAN D %570 DELAWARE AVE BUFFALO NY 14202 BENDERSON.RANDALL In %570 DELAWARE AVE, http://www.sunbiz.orglscripts/:ordet.exe?al = DETFIL&nl =P33431 &n2=NAMFWD&n3=... 3/23/2004 _.__.~ I Division of Corporations Page 2 of2 I BUFFALO NY 14202 1\ I <..,_.. C BALDAUF. DAVID H. [J '"S70 DELAWARE AVE, BUFFALO NY 14202 C WOLFSON, ALAN D %S70DELAWAREAVE BUFFALO NY 14202 ~- Annual Reports I Report Year II Filed Date I I 2001 II OS/0312001 I I 2002 II OS11412002 I I 2003 II 0413012003 I L_ .---.-- ._- ---- -- - - \!~ .,~" Yiew Ey~nts No Name History Information ~._-.---_.-._- - ..._, -. -._--. Document Images Listed 1: elow are the images available for this filing. !l4/30I2J103 - ANN Il,FJ'll.llilfORM BUSJ~E-" 9~14/2JI02 - COR - M!1iBEP/UNIFORM BUS REP 05/0312Jl!)1 - ANN RfJ~/UNIFORM BUS REP -, 05/0JaJlOO - ANN Il,FJ'/UNIFORMBUS REP 05/101l.999 - ANNU8-L&m~Q&T 95/041l2.2L- ANNU M, REPORT Q.51271l5'TI-~M, REPORT 05/011l22{i - 1996 ANWAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT ~------ -- - - -....-..- bttp://www.sunbiz.org/scriptslcllrdetexe?al =DETFIL&nl =P33431&n2=NAMFWD&n3=,.. 3123/2004 - ~~ ~ -,. --~.-..- _.~. -~-_.-_..-- ..-- - I II I I I BOSLEY pun I COLLIER COUNTY ENVIRONMENTAL IMPACT STATEMENT I I January 2003 Revised July 2003 I Revised October 21, 2003 I I Prepared For: I Benderson Development Company 8441 Cooper Creek Boulevard University Parle, Florida 34201 I (239) 359-8303 I Prepared By: I PassareIJD tuU/ Associates, Inc. 9110 College Poinle Court Fort Myers, Florida 33919 I (239) 274-0067 I Project No, 02BDC797 May 25, 2004 Page 48 of 147 TA1SL~ Ulf LUN 1 J!.l'lll ~ \ I Page - I Introduction .....,.,..... ,.' ....,.. ,. ,.. ,.....................,... ,......,.... ......' ...........,..,.," ................,. ,........' ............1 I 3.8.5.1 Applicant InfOlmation......... ....,.. ..........,.................... ,....... ,.........-.. ,.... ..,...... ...,.. ,.....1 I 3.8,5.2 Development and Site Alteration Information............................................. ............1 I 3.8,5.3 Mapping and Support Graphics ................................................................... ............2 I 3.8,5.4 Impact Categories .................................................................,..................,... ............7 I 3.8.5.4.1 B la-physical ............................................................. ,.............. ............, 7 I 3.8.5.4.2 Public Facilities and Services ............................................................15 I 3.8.6. 1 Specifics to Address - General Information.............................................................18 I References..........,......,.....................,...,.,.......................... ..... .....,....."...,.,...,...,................. ......... ...20 I I - I I I I I i - May 25,2004 Page 49 of 147 -"~ "---'--'- _.,- I LIST UI<' 1<'1(;UKE~ I I Page Figure I. Project Location Map." .... '" ,......... ................................ ,....... ,..............,.,.., .....,." ,..3 II Figure 2, FLUCFCS and Wetland Map....,.........,..,..........,....,........................................,......4 I Figure 3. Soils Map .... ................. ................................................... ............, '.... ......,,'... ,... .....6 I Figure 4. Site Plan with Preserve Areas ...............................................................................11 I I I I I I I I I I I I ii May 25, 2004 Page 50 of 147 Ll~ 1 VI' 1 AnL.r..~ I ~ I Table 1. HabitatfFLUCFCS Types and Acreages ................................................................2 - I Table 2. SFWMD/Collier County Wetland Acreages.........................................................,9 I Table 3. Upland Acretlges ..... .... .,..............,....,............................ ,............,.............., ....,. "...12 I I I I I \ I I I - I I I I I iii .- May 25, 2004 Page 51 of 147 - ,."~- ._._~- LI~1 VI' t.AUUUJ;:' I Page I Exhibit A. Resume.",...., ,......., .........,...... .... ,.. ..............., ...............,'.. ..... ............ ........., ........ A-I I Exhibit R Aerial Photograph with FLUCFCS Overlay..""......................................., .........B-I I Exhibit C. Topographic lvfap. ..,...,..... ".. .,..................,.......... ,.....,...,........, ,. ............ ".,. .........C-! I Exhibit D. Surface Wate:' Management Plan............,..........................,..............,................ D-I I Exhibit E, Soil Descriptions ........... .............. ......, , ........ ,....,.,..........,.., ................ .........,...... ...E-l I Exhibit F. Listed Plant and Wildlife Species Survey,.........................................,.................F_! I Exhibit G, Corresponderce from the Florida Department of State ....................,......,....,..... G-t I I I I I I I I I iv May 25, 2004 Page 52 of 147 INTROuucnUN I This report represents the revised Collier County Environmental Impact Statement (EIS) for the Bosley PUD project. This US has been prepared in accordance with Division 3.8 oftle Collier I County Land Development Code (October 30,1991, as amended October 14, 1992). ...-- I 3.8.5,1 APPLICANT INFORMATION 1. Responsible owner(s,) agent(s) who wrote the EIS and his/her education and job related I environmental experience, I Ken Passarella, Pas!arella and Associates, Inc, Consulting Ecologists. A copy of Mr. Passarella's resume i, enclosed as Exhibit A. I 2. Owner(.f) agent(s) name, address, Benderson 85-1 Trusl RB-3 Associates, Inc. I clo Benderson Devebpment Company c/o Benderson Development Company 8441 Cooper Creek Boulevard 8441 Cooper Creek Boulevard University Park, FL :;4201 University Park, FL 34201 I WR-I Associates, Ltd. clo Benderson Devebpment Company I 8441 Cooper Creek Boulevard University Park, FL ::4201 I 3. Affidavit of proof of authorized agent, I Proof of authorized agent is included as part of the PUD application package, I 3.8.5.1 DEVELOPMENT AND SITE AL TERA TION INFORMA nON 1. Description of proposed use. .- I The proposed plan is for a multi-family residential community with 303 units. There is one lake proposed within the residential tract. I 2. Legal description of fite, I The west Yz of the sollthwest V. of the northeast V. of Section 30, Township 48 South, Range 26 East, Co\1ier COlmty, Florida, I I 1 - May 25,2004 Page 53 of 147 -" ---- .- ~.-..,- 3. Location and aaares.; aescnpllOn. I The Bosley PUD is located in Section 30, Township 48 South, Range 26 Ea;t, Collier County, The projc.:t is located approximately 1,200 feet south of Immokalee Road I immediately west of Interstate 75, I 3.8.5.3 MAPPING AND SUPPORT GRAPHICS I. General location ma,7, I A project location m lp is provided as Figure 1. I 2. Native habitats and their boundaries shall be identified on an aerial photograph of the site extending at least fW,1 hundred (200) feet outside the parcel boundary, This doe:; not mean I the applicant is reql/ired to go onto adjacent properties, Habitat identificati1n will be consistent with the t]orida Deoartment ofTransDortation - Florida Land Use '::over and Forms Classificatior. System and shall be depicted on an aerial photograph having a scale of I one inch equal to at 'east 200 feet when available from the county, otherwise. a scale of at least one inch equal to 400 feet is acceptable, Information obtained by ground-trothing surveys shall have p' ecedence over information presented through photographic evidence, I Vegetation mapping of the property was conducted using I" = 200' scale aerial photographs and groundtruthing ill July 2002. The vegetation communities were mapped usirg Level III I of the Florida Land lse, Cover and Forms Classification System (FLUCFCS) (HOT 1999), Level IV was used t(, identify disturbance by exotic species. I An aerial photograph with FLUCFCS mapping is enclosed as Exhibit B. A vegetation and wetlands map of th( property is provided as Figure 2, and an acreage breakdown of the habitat types is provi ded in Table I. I Table 1. HabitatIFLUCFCS Types and Acreages I }lt~t f)f ';,"" 'fiataI;~.-, I 12.35 61.0 5.18 25.6 0.84 4.2 I 1.05 5.2 0.79 3.9 0.02 0.1 I 20,23 HO.D I I 2 May 25, 2004 Page 54 of 147 ~ I......--' I I ~ N,T.S -, I I I I I R 25 E I R 26 E \ I - I I --J U1 14 13 18 17 16 I I ,I I il tIl 23 24 19 20 21 CCI .... ~ SEe 30, T <48 S. R 26 I SR. 846 IMMOKALEE ROAD - I 3J I 26 25 29 28 I I PASSARELLA and ASSOCIATES. INC. I FIGURE 1. PROJECT LOCATION MAP Consulting Ecolcgists BOSLEY PUD DRAWN BY: p,r. OATE: 12/11:/02 3 ~ .- May 25, 2004 Page 55 of 147 3, lopographlc map SflJWmg up/ana, oamymernc Contours unu t:AI,}j"'~ UIU"'U~" PU""""', I if applicable. A topographic map i:; enclosed as Exhibit C, I 4. Existing land use o/,:ite and surrounding area, I The existing land US! of the site is undeveloped, forested land (Figure 2), The surrounding land uses include Interstate 75 to the east and forested lands to the west, south, and north (Exhibit B). However, areas existing to the north and west have proposed PUD's. I 5, Soils map at scale c'Jnsistent with that used for Florida Department of Transportation _ Florida Land Use Cover and Forms Classification System determinations, I A soils map for the rroperty is provided as Figure 3. I 6, Proposed drainage plan indicating basic flow patterns, outfall and off-site drai'/Oge, I The typical south-southwest direction sheet flow for this 20:1: acre site has been altered by the construction of Inter::tate 75 and Immokalee Road. This site no longer receives sheet flow from the historical Jatterns, Based on the South Florida Water Management District I (SFWYfD) and Colli:r County requirements of the adjoining PUD's (Donovan, Stiles, and Breezewood), the discharge from this property has to go to the Cocohatchee Canal (Immokalee Road Clmal), The plan is to have a lake in the middle of the propert:' and build I most of the residenti al units around the lake. There is also proposed units loc lted in the southwestern corner of the property. The on-site wetlands are located in the scutheastern corner of the property, and development is not planned within this area. I The parking lots will be sloped to the center of the travel way, and runoff will be collected by box inlets and then :Jiped to the lake. The developmental area in the southwes'ern corner I will also be piped to the lake. I After water quality and quantity requirements are met, the stonnwater will be riped north through the Donovan PUD to the Cocohatchee Canal. The surface water management plan is included as Exhibit D. I 7, Development plan in=luding phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. I The subject 20:1: acrt~ tract is a second phase of the 20:1: acre multi-family tract within the Donovan PUD, To the east of this project is Interstate 75, which will not provide an I infrastructure for thi! site. To the south is the proposed Collier County Park, whi,;h does not have any infrastruct1.lI'e. To the west is the proposed first phase of the multi-family, which will provide the potlLble water and access. To the north is the Donovan commtrcial tract, I which will provide the sanitary sewer and a secondary access. I 5 May 25, 2004 Page 56 of 147 I I ,- I I I I I I I I I I - I 1eI1_ - - llQII; 11 IWJJINDILE 'lIE SoIHl N:lKHICIIC SOILS tIN> ~[D FRaN NRCS 21 IIOCAFN: 51 HI N:lKHICIIC COWER COUNTY SOlI. SURVEY, I I I PASSARELLA a.nd ASSOCIATES. INC. FIGURE 3, SOILS t.4AP Consulting EcoLo;1ists I BOSLEY PUO 0llAWN BY; P F, [)jt.T[; 12:19/02 fi ,- May 25, 2004 Page 57 of 147 "_.~----. ,- ~ ----..- j,8.5.4 1Mi' AL 1 LA JI'..t7U KJr.;, I 3,8,5.4,1 Bio-Dhvsical I I. Air quality a, Changes in level of air pollutants as defined by current regulations, I The only anticipated air polIution wilI be during construction of the project from the exhaust of c)nstruction equipment and from dust generated by eartl moving I activities. b. Number of people that will be affected by air pollution resulting from the project I No persons we anticipated to be affected by air pollution resulting from the project. I c. Procedures that will be used to reduce adverse impacts of air pollution I Watering of unvegetated surfaces wilI be conducted to reduce dl-st during construction flfthe project. I 2, Water quality a, Changes in It vels and types of water pollution as defined by current reg.Jlations, I The water m magement system will be designed to meet SFWMD wa',er quality criteria, I b. Inventory of water uses that are restricted or precluded because of pollution levels resultingfroT.l this project, I No restricted or precluded water uses will exist on this project, I c. Person affected by water pollution resulting from the project I No water pol ution is anticipated to result from the project. d, Project desig'lS and actions which will reduce adverse impacts of water pollution I Water pollution is minimized by means of a water management system that utilizes SFWMD crit ~ria to maintain state water quality criteria. Refer to the Surlace Water I Management Plan provided as Exhibit D, I I 7 May 25, 2004 Page 58 of 147 .;. t'nyslOgrapny ana gwwgy I a. A description of the soil typesfou,nd in the project area. I According to the Collier County Soils Map, the following soil types are found on the property (Figllre 3): Hallandale fine sand (Soil Map Unit 11) and Boca fine sand (Soil - Map Unit 21). A detailed description of each of these soil types is provided in I Exhibit E. b. Aerial extent of proposed topographic modification through excavation dredging I andfilling. The conceptual plan is to dig a lake in the middle of the site and place fill ;wund the I lake for buil,iing pads and parking areas. The approximate locations of the 25 percent nativ,~ vegetation preservation will not receive fill or be excavatt:d. I c. Removal and or disturbance of natural barriers to storm waves andjIooding. I Not Applicatk d. Proposed modification to natural drainage patterns. I This site is isolated from the historical sheet flow patterns. Interstate 75 and Immokalee Road have cut off the natural sheet flow. Per the SFWMD, this property I is to drain into the Cocohatchee Canal. e. Extent of im.'Jervious surface and percent of groundwater recharge area to be I covered. I The conceptlal plan has 10.81:1: acres impervious surfaces (approximately 53 percent of site) and 2.57:1: acres oflake (approximately 13 percent of the site. f. Annual drawrlown of groundwater level resulting from use. I There will be no long-term drawdown due to the proposed irrigation water use at the -. I site. Withdn.wals from the lake at the site with recharge from a shallow well (optional) will be used to meet irrigation water demands. The water-tabltl aquifer is recharged directly by rainfall in the project area on a seasonal basis. The c.>cohatchee I Canal is a mejor drainage feature located just north of the project site. Ground water and surface vrater levels on the project site will be significantly affected by the canal level. Irrigation withdrawal amounts will be relatively small due to the size of the I development. The effect of irrigation water withdrawals on water level~ at the site will be negligible compared to the effect of the canal. I I 8 .- May 25, 2004 Page 59 of 147 ... ..- g. lnCreasea SUl[1110n In narurul WU/~r Uuule.) '-t:~uur"ojl VI" .", Y' vf'UJf;"U '""'.... I A sediment control plan will be provided at time of site development plan approval. The sediment cO'ltrol plan will be designed according to SFWMD criteria. I 4. Wetlands I a. Define numbf~r of acres of Collier County jurisdictional wetlands (pursuant to the Collier COlin)' Growth Management Plan) by vegetation type (species), '~egetation composition (canopy, midstory and groundcover), vegetation abundance (dominant, I common and occasional), and their wetlandjimctions. I Approximately 1.07 acres ofSFWMD/Collier County jurisdictional wetlands have been identific:d on the property (Figure 2). The wetlands are composed of two FLUCFCS ty:les: Melaleuca, Hydric (>75% Melaleuca) (FLUCFCS Code 4241) and I Pine-Cypress, Disturbed (FLUCFCS Code 6249). The SFWMD wetland:; shown in Figure 2 have been verified by SFWMD staff on February 13,2003. Table 2 provides a breakdown of the wetland acreage for the site, while a description of each wetland I FLUCFCS type follows. Table 2. SFWMD/CoIlier County Wetland Acreages I ':U~CSCode 1\.. .,. "~ 4241 1.05 I 6249 0.02 1.07 I Melaleuca. Hydric (>75% Melaleuca) <FLUCFCS Code 4241) This wetland habitat occupies 1.05:1: acres or 5.2 percent of the project area. The I canopy and sub-canopy strata are dominated by melaleuca (Melaleuca quinquener...ia) (75 to 100 percent). Other occasional canopy and sub-can(lPY species include slash pine (Pinus elliottii), wax myrtle (Myrica cerifera), cypress ':Taxodium I distichum), and cabbage palm (Sabal palmetto), The ground cover in this habitat includes widdy scattered swamp fern (Blechnum serru/atum), sawgras~ (C/adium jamaicense), rosy camphorweed (Pluchea rosea), and gulf dune paspalum :Paspalum I monostachyum ), Pine-Cvoress. Disturbed CFLUCFCS Code 6249) I This wetland habitat occupies 0.02:1: acre or 0.1 percent of the project area. The canopy and sub-canopy contain slash pine, cypress, and melaleuca. The gr,)und cover I includes gul fdune paspalum, sawgrass, swamp fern, dog fennel (Eupatorium capillifoliuml, and poison ivy (Toxicodendron radicans). I I 9 May 25, 2004 Page 60 of 147 b. Determine pnsent seasonal high water levels ana mSWTlCUI mgn WUlt:1 tt:v"t~ uy I utilizing lichen lines or other biological indicators. The control e evation for the property will be set at 11.50 NGVD, the same control I elevation used on the neighboring parcel to the west, the Donovan Center -permitted by SFWMD Permit No. 1I-01632-P). The control elevation was determmed using - topographic elevations. No water marks could be identified in the field to use as I biological incicators of the seasonal high water elevation. I c. Indicate how the project design improves/affects pre-development hydrol1eriods. I I The develop nent has been designed not to affect pre-development wetland hydroperiods Existing surface water flows to the preserved wetlands will be I maintained at post-development. I d. Indicate proposed percent of defined wetlands to be impacted and thE effects of proposed imJ.acts onfunctions of wetland areas. I The project cevelopment has been designed to preserve 100 percent of SFWMD jurisdictional wetlands on-site. The proposed wetland preserves are shown on Figure 4. I e. Indicate how the project design minimizes impacts on wetlands. I The project c.evelopment has been designed to preserve 100 percent 0:' SFWMD jurisdictional wetlands on-site. In addition, upland buffer and preserve areas will be incorporated with the wetland preserves. I f. Indicate how the project design shall compensate for the wetland impacts pursuant to I the Collier C,unty Growth Management Plan. There are no SFWMD/Col1ier County wetland impacts proposed. I The project p:eserves 1.07~ acres of wetlands and 2.91:1: acres of uplands Preserved ...- wetlands and uplands will be enhanced by the hand removal of exotic plmt species. I Hand removfl will be either (1) felling of exotic trees, hand removal, and herbicide treatment of the stumps; (2) girdling of exotic trees, herbicide treatment of the cambium, ani left standing; (3) foliar application of herbicide and left s:anding; or I (4) hand pulling. Re-sprouts and re-seed by exotic vegetation will be controlled using foliar epplication of an approved herbicide. Control of nuisance vegetation (Le., cattails) will be by foliar application of an approved herbicide. I No mitigation is required by the SFWMD. I I 10 - May 25, 2004 Page 61 of 147 -".-.- " '"- ~-_.~_.- 5. Upland ulllizatlOn QlIl1 specIes oJ special srarus. I a. Define the number of acres of uplands by vegetative types (species), ~egetation composition (canopy, midstory, andgroundcover), vegetation abundance (dominant, I common and occasional) and their uplandfunctions. The property has a total of 19.161: acres of uplands. The upland habitats are I composed of Pine Flatwoods, Disturbed (FLUCFCS Code 4119); Pine, Disturbed (FLUCFCS Code 41 59); Melaleuca (>75% Melaleuca) (FLUCFCS Code 424); and Pine-Cypress, Drained (FLUCFCS Code 6245). Table 3 provides an acreage I breakdown o 'the uplands, while a description of each FLUCFCS type follows. Table 3. Upland Acreages I ,,~.Ji'~ ~ .?aJ:h.. I Pine Flatwoods, Disturbed 12.35 Pine, Disturbed 5.18 Melaleuca >75% Melaleuca 0.84 I Pine-Cypress, Drained 0.79 TOTAL 19.16 I Pine Flatwoods. Disturbed CFLUCFCS Code 4119) This upland community occupies 12.351: acres or 61.0 percent of the project area. I The canopy consists of slash pine, melaleuca, and cabbage palm. The sub-canopy contains myr:;ine (Rapanea punctata), dahoon holly (llex cassine), and melaleuca. The ground caver is dominated by saw palmetto (Serenoa repens) but alw includes I beauty-berry (CalIicarpa americana), chocolate weed (Melochia corchorifolia), pennyroyal (Piloblephis rigida), wiregrass (Aristida stricta), grape\'ine (Vilis I rotundifolia), and fingergrass (Eustachys petraea). Pine. Disturbed (FLUCFCS Code 4159) I This upland community occupies 5.18:1: acres or 25.6 percent of the project area. The canopy contains slash pine, melaleuca, and cabbage palm. The sub-canopy consists of scattered 3razilian pepper (Schinus terebinthifolius), melaleuca, and cabbage I palm. The gnund cover includes grapevine, chocolate weed, black root (P'erocaulon virgatum), sawgrass, wiregrass, poison ivy, and scattered saw palmetto. I Melaleuca (>75% Melaleuca) (FLUCFCS Code 424) This upland (ommunity occupies 0.84:1: acre or 4.2 percent of the project area. The canopy and sub-canopy strata are dominated by melaleuca (75 to 100 percent). Other I occasional species in the canopy and sub-canopy include slash pine, wax myrtle, and cabbage palm. The herbaceous ground cover is typically sparse with a thi:k leaf and pine needle layer but includes scattered wiregrass, poison ivy, and grapevine. I I 12 May 25, 2004 Page 62 of 147 ,", rme-\"voress. uTlum:u IrLU\...r\...:l \...uuc u"'...}) I This upland c::lmmunity occupies 0.79:1: acre or 1.5 percent of the project area. The canopy contains slash pine and cypress. The sub-canopy consists of slash pine, cypress, Braz:lian pepper, and wax myrtle. The ground cover is dominated by vines I including gra:>evine, greenbriar, and poison ivy. The ground cover also contains bracken fern (Pteridium aquilinU1Tl), rosy camphorweed, chocolate weed, spermacoce ~ (Spermacoce sp.), caesar weed (Urena lobata), and scattered swamp ferre. I b. Indicate proposed percent of defined uplands to be impacted and the effects of proposed impacts on functions of upland areas. I The majority of the uplands on-site wiJl be impacted by the project. The upland habitat is forested habitats that have been disturbed by the invasion of melaleuca and I other exotics. I c. Indicate how the project design minimizes impacts on uplands. As discussed lbove, the on-site uplands are disturbed. Upland buffers will be created I adjacent to tl.e wetland mitigation areas and native uplands incorporated into the preserve area;. Approximately 2.91 acres of uplands wiJl be preserved. I d. Provide a plant and animal species survey to include at a minimum, species of special statu.!. that are known to inhabit biological communities similar to those existing on sile and conducted in accordance with the guidelines of the Flo..ida Game I and Fresh Water Fish Commission. A listed plant and wildlife species survey was conducted on the Bosley PU) property I by PassareJla and Associates, Inc. on December 26, 2002. Additional listed species observations were made during vegetation mapping conducted July 5, ~002. The survey methodology and results are provided in Exhibit F. No listed wildlife species I were observe j during the listed species surveyor during vegetation map:Jing. e. Indicate how the project design minimizes impacts on species of special status. I No species of special status have been identified on the property. As :Jreviously .- discussed, all wetland areas will be preserved and enhanced. In addition, 2.91:1: acres I of uplands wiJl be enhanced and preserved on the property. I 6. Marine and estuarin,~ resources a. Provide cum'nt State of Florida Classification of the Waters (Florida Administrative I (;.Q{k Chaptf'T I 7-3). Not Applicat:le. I I 13 _. May 25, 2004 Page 63 of 147 -. D. ueJ/ne numvcr OJ acres oJ mUrine unu eSIUUnTlt: rt:suur"". uy .UUffJ'" ,IS'''' ~;I<.'.,. V~""', I breeding are.lS and nursery areas and their marine and estuarine functi,ms. Not Applicat Ie. I c. Indicate proposed percent of defined marine and estuarine resources to b,? impacted and the effec/ s of proposed impacts on functions of marine and estuarine resources. I Not ApplicaUe. I d. Estimate cha'1ges in the dockside landing of commercial fish an shellfish Not ApplicaUe. I e. Estimate cha'1ges in the sport fishing effort and catch. I Not ApplicaHe. I f. Provide past history of any environmental impacts to the area including oil spills. Not Applicatle. I g. Indicate how the project design minimizes impacts on marine and estuarine resources. I Not Applicat Ie. I 7. Noise a. Describe the changes in decibels and duration of noise generated during and after I the project (loth day and night) that will exceed Collier County regulations. I Changes in decibels and duration of noise will only occur because of typical construction activities. In addition, construction will take place only durin~ the hours set forth in the Collier County Land Development Code. No noise problems are I anticipated after project completion. b. Describe steps that will be taken to reduce noise levels during and after t.1e project. I See 7a above. I c. Project compliance with Federal Aid Highway Program Manual 7-7-3. See 7a above. I I 14 May 25, 2004 Page 64 of 147 ';.lS.).4.L l'UOtlC ractJlUes ana ;,~rvll;~~ I 1. Wastewater management I a. Describe exi.\ ting treatment facilities as /0 capacity, percent capacity being used, type of treatment and degree of treatment. _. I Sewage treatment shall be provided from the North Naples Sewage Treatment Plant. The present ,;apacity of the plant is 13.5 million gallons per day MGD and 9.0 million gallons per day represents the peak usage in 2002. Recent data also I illustrates that the north Naples plant is operating at 62 percent capacity during the 2003 peak stages. The plant is proposed to be expanded to 24.1 MGD gallons per day to be comple':ed in two years. I b. If applicable, describe similar features of proposed new treatment facilities. I Not Applicat Ie. I c. Describe the character and fate of both liquid and solid effluents. Effluent is u:;ed for irrigation uses for golf courses, parks, schools, anti medians. I Solids are de Xlsited in the Collier County Landfill. 2. , Water supply I a. Estimate of average daily potable and non-po/able water demands on t}!e project. I The average .Jaily potable water demands for this project are: Potable: I 154 gallons J:er capita per day x 1.5 people per unit x 303 units = 69 .993~allons per day. I Non-Potable The annual and maximum month irrigation water demands at the site are estimated to ,'-, be apprOXilJ1:ltely 1 OJ I MG and 1.33 MG, respectively. Irrigation watu demands I were calcula1ed based on the estimated amount of irrigated acreage at th,~ site (7.3:1: acres) using lhe modified Blaney-Criddle method. I b. Source of raw water material. I The source filr the raw water supply for the irrigation will be the lake. c. Analysis of on-site treatment systems relative to State and County standards. I I 15 - -'".,.- No on-sIte tnatment systems are neeoeo lOr IDIS prO]t:\:L I 3. Solid wastes I a. Estimate of average daily volume of solid wastes. The daily volume of solid waste generated by this project is: I 8 Ib / unit /day x 303 units = 2,424 pounds per day I b. Proposed me 'hod of disposal of solid wastes. I Solid waste "ill be collected by Waste Management (or any other company selected by the count)) and disposed at the Collier County Landfill. I c. Any plans for recycling or resource recovery. Recycling co lection and processing will be through the county's recyck program. I 4. Recreation and open spaces I a. Acreage andfacilities demand resultingfrom the new use. Per the Collier County Capital Improvement Element, the acreage and facilities I demand, resulting from the construction of303 residential units, based on 2.5 people per unit, is 0.52:1: acre of regional parkland and 0.25:1: acre of community parkland. I b. Amount of pL blic park/recreation land donated by the developer. Land will 001 be donated because the site is too small. I c. Management plans for any open water areas if one-half acre or more within the I project. Water quaE!) pre-treatment will be provided for the commercial tract prior to runoff I entering the lake. The project has been designed for the 25-year, 3-day storm and permitted by the SFWMD. I d. Plans for rec-eational development by the developer on dedicated lands. No recreational development other than residential amenities such as a swimming I pool and a vdleyball court are anticipated at this time. e. Amount ofpt'blic recreation lands removedfrom inventory by the new use. I I 16 May 25,2004 Page 66 of 147 NO pUbliC recreation lanes Will De remuvl::u HUIII IIly<;mulJ UJ U'" .."... 11.'''. I f. Development and/or blockage of access to public beaches and waters. I Not Applicable. - 5. Aesthetic and Cultur,ll Factors I a. Provide documentation from the Florida Master Site File, Florida Depc,rtment of State and an) printed historic archaeological surveys that have been cor.ducted on I the project area. I Correspondence has been received from the Florida Department of the State regarding potential archaeological or historical sites that are known to ':Ie present within the preject area. According to their correspondence, no cultural resources are I known to exi st in the area of potential affect. A copy of this corresIX,ndence is included as Exhibit G. I b. Locate any hown historic or archaeological sites and their relationships to the proposed proJect design. I See response to 5a. c. Demonstrate how the project design preserves the historic/archaeological integrity I of/he site. See response to 5a. I d. Indicate any /latural scenic features that might be modified by the project design and I explain what actions shall be utiljzed to preserve aesthetic values. Natural sceni; features on the property include the wetlands. The project '.vill record I a conservatio:l easement for 3.98:1: acres of on-site wetland/upland preserv'~. It should be noted that 3.98:1: acres of proposal preserve area on-site represents .it least 75 - percent of re<[uired preserve area at the time of rezoning. I e. Provide the tasic architectural and landscaping designs. I The building:;, signage, landscaping, and visible architectural infrastruct.1re will be architecturall y and aesthetically unified. The unified architectural theme will include a similar architectural design and use of similar materials and colors throughout all of I the buildings. signs, and fences/walls to be erected on the entire subj ~ct parcel. Landscaping and streetscape materials will also be similar in design thrOllghOUt the subject site. An architectural plan will be submitted concurrent witn the first I I 17 - May 25, 2004 Page 67 of 147 '- appliCatiOn f(lr ;:)ne uevelOpmem r'lan approvltJ uemon:;IHllmg UJlllPUdUL,<: WIUl Ul<:~<: I standards, Slgnage will also meet the architectural standards described above. 6. Monitoring I a. Describe the design and procedures of any proposed monitoring during ar,d after site preparation and development. I A monitorin~ plan will be implemented as part of the SFWMD permit for 1he project. Monitoring of wetland preserves will include baseline, time-zero, and annual I monitoring 0 fvegetation, wildlife, and wetland water levels. The baseline report will document cOllditions on the project site as they currently exist. The time-!ero report I will document the conditions immediately following exotic removal. The annual reports will document conditions following exotic removal and document the extent of success of the project. Sampling stations and methodology of data colI ::ction will I remain the sa me for all monitoring events, including baseline, time-zero, and annual. I 3.8.6.1 SPECIFICS TO AnDRESS - GENERAL INFORMATION 3.8.6.1.1 Indicate how the proposed project has incorporated the natural, aesthetic and I cultural resources and other environmental considerations in the planning and design of the proposed project. I The majority of the property consists of highly disturbed habitats. Tht: proposed project desiE,n has incorporated 1.07:1: acres (100 percent) of the wetlands as preserves wilhin the development plan. In addition, 2.91:1: acres of uplands will be I preserved. Al post-development, these wetlands and uplands will be enhanced by the removal of e>:otics. The preserved and enhanced wetlands and uplands totaling 3. 98::l; I acres will be placed under a conservation easement. 3.8.6.1.2 List the environmental impact(s) of the proposed action and the reason,s) that the I impact(s) are unavoidable and that the impact(s) represent the minimr.m impacts possible to the environmental quality of the site and/or the surrounding area, which might be a.Dected by the proposed use. I Any proposed development allowing reasonable use of the site wou]j result in unavoidable mpacts. These impacts, however, have been minimized by preserving I all wetlands on-site. 3.8.6.1.3 Provide substantiated alternatives to the proposed project so that reas,>ns for the I choice of a c,)urse of action are clear, not arbitrary or capricious. I I 18 I ne proposec aevelOpmem lur lfilS Silt: IS i:l li:lUU u"t: U!<1L "VUlva "'" '" "" .v ".'" I existing sUITC1unding land use and anticipated land uses making it a clear, not arbitrary, cau~:e of action. I 3.8.6.1.4 List immediate short-term impacts to the environment. - The short-tenn impacts will include the loss of upland habitats on the sit,~. I 3.8.6.1.5 List any irreversible and irretrievable commitments of natural resour;es which would be invdved in the proposed action should it be implemented. I The loss ofu)llands will be irreversible and irretrievable. However, 3.98:1: acres of wetland/uplalld conservation area will be established on-site. I I I I I I I I ~- I I I I I 19 I ~ -- May 25, 2004 Page 69 of 147 ~,..~..~ ~._._._- ~l' J!,~r"ll \"J!,~ I Florida Department of Tramportation. 1999. Florida Land Use, Cover and Forms Cla;sification I System. Procedure No. 550-010-00 1.a. Third Edition. I I I I I I I I I I I I I I I 20 May 25, 2004 Page 70 of 147 I !I - I I I EXHmIT A I RESUME I I I I I I - I I I ,I I - May 25,2004 Page 71 of 147 - ,,~ road projects, and wetland mitigation banking. Services include state, fedelal, and local I pennil ting; agency negotiations; environmental impact assessments; ecological assess nents; listed species surveys, pennitting and relocation; state and federal wetland jurisdictionals; wetland mitigation design, pennitting and construction nbservations; wetlar d mitigation banking management, design, pennining and construction I obser\8tions; and environmental project management. Educllliofl I M$. Marine Science, 1990 Uni'rersity of South Florida, St. Petersburg, Florida B.A. Marine Science, 1984. Major: Marine Science, Minor: Botany Jacl:sonville University, Jacksonville, Florida I Experience Ecologist, Director of Wetland Permitting Section, Kevin L. Erwiu Consulting I Ecolopst, Inc. October 1993 - May 1996. Environmental consultant to private land owners, land planners, cotunercial and residential developers, engineering firms, and state and federal agencies. Consulting services included: pennitting with federal, state, and local environmenhl regulatory I agenc les; wetland mitigation bank pennitting; environmental impact assessments providing analysis for existing or expected impacts on water qualit:I, biological cOlTllTunities, and natural resources; habitat evaluation; reclamation and restoration of I altered or disturbed land; wetland mitigation design, pennitting, and construction obser,ations; natural resources management; and endangered spe.;ies survey, management, and relocation plans. I Environmental Consultant, Johnson Engineering, Inc., Fort Myers, FL, May t988 . Octo~er 1993. Memher of finn's environmental section. Project manager for environmeutal planning, I ecolo.lical studies, and regulatory agency coordination. Perfonned wetland jurisdictional deten ninations, wildlife surveys, wetland monitoring, wetland mitig' tion design, reguil.tory pennitting, and project management. I Envhonmental Specialist I, Sarasota County Natural Resources Departm:nt, Sarasota, FL, July 1987 - May 1988. PrilDl ry responsibilities included environmental planning, pennitting, and euforcement of I COIUlty environmental regulatory codes. Perfonned field inspections, inc uding pennit inspe.;tioDS and compliance. Prepared pennit summaries and notices of permit violations. Cond Jcted Environmental Pennitting Course for County Growth Manageme 1t Divisions. I Biological Scientist Assistant, Department of Natural Resources, Burellu of Marine Reseuch, Vertebrate Section, St. Petersburg, FL, February 1985 - July 1987 I Professional A uocwions Naticnal Association of Environmental Professionals Florilla Association of Environmental Professionals I President of State Board (t 996 to Present) State Board of Directors (1991 to 1996) President of Southwest Florida Chapter (1991 - 1994) I SoCilty of Wetland Scientists I Certifications Certi :led Professional Wetland Scientist by the Society of WetJand Scientist; Certi tied Ecologist by the Ecological Society of America Certified Wetland Delineator by the U.S. Anny Corps of Engineers I May 25, 2004 Page 72 of 147 I I - I I I EXHmlT E I SOIL DESCRIPTIONS I I I I I I _. I I I I I .- May 25, 2004 Page 73 of 147 ~.~...."-'--~' --- .1"naIlUIUU"I~ JIDt: 3i1UU 1l\......~....U. A u,w.n.....A6 UAA .-........- .......-.. ,....... .--... 0--- I surface and internal drainage and elevctes the trees This nearly level, poorly .trained soil is on above the seasonal high water table. Planting a flatwoods. Individual areas llre elongated and good grass cover crop between the lrfleS helps to I irregular in shape, and they range from 20 to 1,000 protect the soil from blowing when t le trees are acres in size. The slope is 0 to Z percent. younger. Typically, the surface layer is very dark gray With good water-control managemc:nt, this soil fine sand about 3 inches thick. The subsurface is well suited to pasture. A water-<:ontrol system is I layer is grayish brown fine sane to a depth of about needed to remove excess water during the wet 9 inches. The subsoil is yellowish brown fine sand season. This soil is well suited to pf ngolagrass, to a depth of about 12 inches. J_imestone bedrock bahiagrass, and clover. Excellent pastures of grass I is at a depth of about 12 inche!. or a grass-clover mixture can be groW:l with good In 95 percent of the areas mapped as Hallandale management. Regular applications offertilizer and fme sand, Hallandale and simillT soils make up 83 controlled grazing are needed for the highest I to 98 percent of the map unit. In the remaining possible yields. areas, the Hallandale soil make, up either a higher This soil is moderately suited to range. The or lower percentage of the mapped areas. The dominant forage consists of creepin;~ bluestem, I characteristics of Boca and Jupter soils are similar lopsided indian grass, pineland thr( eawn, and to those of the Hallandale soil. chalky bluestem. Management practices should The dissimilar soils in this nap unit are small include deferred grazing and brush c'lntrol. This I areas of Pineda and Riviera, limestone substratum, Hallandale soil is in the South Florida Flatwoods soils in sloughs. These soilsnake up about 17 range site. percent or less of the unit. This soil has severe limitations for most urban I The penneability of this :;oil is rapid. The uses because of the shallow depth to bedrock and available water capacity is very low. Under natural the wetness. It has severe limitations for septic tank conditions, the seasonal high water table is absorption fields because of the depth to bedrock, I between a depth of 6 to 18 inch ~s for I to 6 months wetness, and poor filtration. If this soil is used as a during most years. During the other months, the septic tank absorption field, it should he mounded water table is below a depth cf 18 inches, and it to maintain the system well above tle seasonal I recedes to a depth of more thall 40 inches during high water table. For recreational uses, this soil has extended dry periods. severe limitations because of wetnes!., the sandy lbe natural vegetation consi its of South Florida texture, and the shallow depth t l bedrock; slash pine, saw palmetto, creeping bluestem, however, with proper drainage to remove excess I chalky bluestem, and pineland threeawn. surface water during wet periods, some of these This soil is poorly suited 10 cultivated crops limitations can be overcome. because of the wetness and droughtiness. The This Hallandale soil is in capability subclass I number of adapted crops is I mited unless very IVw. intensive management practices are used. With good water-control and soil irr proving measures, I this soil is suitable for many fruit and vegetable 21-Boca fine sand crops, A water-control system i i needed to remove excess water during wet seasons and to provide This nearly level, poorly drained soil is on I water through subsurface irrigation during dry flatwoods. Individual areas are elongated and seasons. Row crops should be rotated with cover irregular in shape, and they range from 20 to 350 crops. Seedbed preparation shollld include bedding acres in size. The slope is 0 to 2 percent. I of the rows. Applications of fertilizer and lime Typically, the surface layer is ver( dark gray should be based on the needs (fthe crops. fme sand about 4 inches thick. The subsurface With proper water-control measures, the soil is layer is fine sand to a depth of abou 26 inches. I I well suited to citrus. A water...:ontrol system that The upper part of the subsurface layer is light gray, maintains good drainage to ar effective depth is and the lower part is brown. The sut'soil is dark , I E-! May 25,2004 Page 74 of 147 gra)lsn orown unt: :;IIIIUY loalll LU a uell"l UI IIUVUl ~UIU1WlU.:t l!)VVU \,lIOU'"!)"" 'u au ....................11'..... ~...t'"... .oJ 30 inches. Limestone bed rod is at a depth of needed. Planting on raised beds provides good I about 30 inches. surface and internal drainage and elevates the trees In 95 percent of the areas mapped as Boca fine above the seasonal high water table. Planting a sand, Boca and similar soils make up 79 to 93 good grass cover crop between the tmes helps to I percent of the map unit. In the rl:maining areas, the protect the soil from blowing when the trees are Boca. soil makes up either a higher or lower younger. - percentage of the mapped areas. The characteristics With proper water management, thi;; soil is well I of Hallandale soils are similar tl) those of the Boca suited to pasture. A water-control system is needed soil. to remove excess water during the wet :;eason. This The dissimilar soils in this map unit are small soil is well suited to pangolagrass, bahiagrass, and I areas of Pineda and Riviera, lilTestone substratum, clover. Excellent pastures of grass or a~-clover soils in sloughs. These soils ma ee up about 7 to 21 mixture can be grown with good management. percent of the unit. Regular applications of fertilizer ane controlled I The penneability of this soil is moderate. The grazing are needed for the highest pos:;ible yields. available water capacity is very low. Under natural This soil is moderately suited to range. The conditions, the seasonal high Nater table is at a dominant forage consists of creepina bluestem, I depth of 6 to 18 inches for 1 t,) 6 months during lopsided indian grass, pineland thneawn, and most years. During the other months, the water chalky bluestem. Management practiCes should table is below a depth of 18 ine hes, and it recedes include deferred grazing and brush control. TIlis I to a depth of more than 40 inch"s during extended Boca soil is in the South Florida FlatNood range dry periods. site. nle natural vegetation consi:>tS mostly of South This soil has severe limitations for most urban I Florida slash pine, cabbage palm, saw palmetto, uses because of the depth to bedrock and wetness. waxmyrtle, chalky bluestem, and pineland It has severe limitations for septic tan~ absorption three awn. fields because of the shallow depth to bedrock, I This soil is poorly suited tc cultivated crops wetness, and poor filtration. [fthis soil is used as a because of the wetness and jroughtiness. The septic tank absorption field, it should be mounded number of adapted crops is limited unless very to maintain the system well above tle seasollal intensive mllJUll!ement practic.ls are used. With high water table. For recreational US<lS, this soil I good water-control and soil improving measures, also has severe limitations because of ....etness and this soil is suitable for many 1h1it and vegetable the sandy texture; however, with pro~er drainage crops. A water-control system i:; needed to remove to remove excess surface water during wet periods, I excess water during wet seasc ns and to provide many of the effects of these limitations can be water through subsurface irri ~ation during dry overcome. seasons. Row crops should be rotated with cover This Boca soil is in capability subclass lIIw. I crops. Seedbed preparation shOllld include bedding of the rows. Applications of:ertilizer and lime ",- should be based on the needs of the crops. I With proper water-controlrreasures, the soil is well suited to citrus. A water-< ontrol system that I I I I E-2 _. May 25, 2004 Page 75 of 147 --""" .- I I I I I EXHmIT F I LISTED PLANT AND WILDLIFE SPECIES SURVEY I I I I I I I I I I I I May 25,2004 Page 76 of 147 LISTED PLANT ANU W lLULl.lf1~; ~t'.t-Ll.t-~ ~UK v.r., r I INTRODUCTION AND METHODOLOGY I A listed plant and wildlife species survey was conducted on December 26, 2002 to determine - whether the Bosley PUD pr,)perty was being utilized by state or federal listed species. The listed I wildlife species survey included, but was not limited to, red-cockaded woodpecker (Picoides borealis), Southeastern Anerican kestrel (Falco sparverius paulus), bald eagle (Haliaeetus I leucocephalus), wood stork ,:Mycteria americana), gopher tortoise (Gopherus polyphemu~) and their commensals, such as the ElLStem indigo snake (Drymarchon corais couperi), gopher :'rog (Rana areolata), Big Cypress fox s~uirrel (Sciurus niger avicennia), Florida black bear (Ursus ,!mericanus I jIoridanus), and Florida panther (Felis concolor coryi) (FGFWFC 1997). The listed pl.mt species survey included species typical to forested upland and wetland habitats in this geographical region, as well as listed epiphytes a:ld terrestrial orchids common in Southwest Florida. I The 20.23:1: acre tract was lurveyed for wildlife species listed by the Florida Fish and Wildlife Conservation Commission and U.S. Fish and Wildlife Service (USFWS) as endangered, threatened, I or species of special concem; and for plant species listed by the Florida Department of Agriculture and USFWS as endangered, threatened, or commercially exploited. The survey was co Iducted by qualified ecologists walkinl! parallel belt transects through suitable habitat to ensure that sufficient I visual coverage of ground a Id flora was obtained. Transects were spaced from 25 feet to 100 feet apwt, depending on habitat. Habitats were inspected for listed plant and wildlife species. At regular intervals, the ecologists stopped, remained quiet, and listened for wildlife vocalizatiom. I Additional observations for listed species were conducted incidental to on-site activities associated I with vegetation mapping. On July 5, 2002, Passarella and Associates, Inc. traversed th= parcel on foot while conducting vel!etltion mapping. All habitats were inspected for listed specie~ during the vegetation mapping. No lis:ed species were observed during the vegetation mapping. I The "Florida Atlas of Bre,~ding Sites for Herons and Their Allies" (Runde et al. 1991) was referenced for the location 0 f breeding colonies for both listed and non-listed wading bird s including I the snowy egret (Egretta tltula), tricolored heron (Egretta tricolor), little blue heron (Egretta caerulea), wood stork, and white ibis (Eudocimus albus). There was no reference in the ltlas to any ,,-.. breeding colonies located v.ithin or adjacent to the project site. I SURVEY RESULTS I No listed wildlife species 'Here observed during the listed species surveyor during vegetation mapping conducted in July 2002. I I I F-l - May 25, 2004 Page 77 of 147 - --.- II .KJ<.I' J!.K.I!.j'\jLJ!.~ Florida Game and Fresh Wa1er Fish Commission. 1997. Florida's Endangered Species, ~l1reatened Species and Species of Special Concern. Official Lists, Bureau of Non-Game: Wildlife, I Division of Wildlift:. Florida Game and Fresh Water Fish Commission. Tallahassee, Florida. I Runde, D.E., l.A. Gore, l.A. Hovis, M.S. Robson, and P.D. Southall. 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989. Nongam~ Wildlife Program Technical R.eport No. 10. Florida Game and Fresh Water Fish Commission, I Tallahassee, Florida. I I I I I I I I I I I I I F-2 May 25, 2004 Page 78 of 147 I I <- I I I EXHmIT G I CORRESPONDENCE FROM THE FLORIDA DEPARTMENT OF STATE I I I I I 'I eO_ :1 I I ,I ,I , - May 25, 2004 Page 79 of 147 --_._~---_._~ <-- .- - W' I RECEIVED flORIDA DEPARTMENT OF STATE FEB 0 3 2003 I Kenneth W. Detzner Secretary of State PASSAREL.LA AND CIVISION OF HISTORICAL RESOURCES ASSOCIATES, INC. I Ms. Julie Arrison January 21,2003 I Pa&Sarella and Associates, In:. 9110 College Pointe Court Fort Myers, Florida 33919 I RE: DHR Project File No. 2002-11882 Received by DHR D<lCember 26, 2002 Bosley Parcel (20.2H Acres) I Project No. 02BDC7 n Collier County, Florida I Dear Ms. Anison: In accordance with the procedures contained in the applicable local ordinance or land development code, I we reviewed the referenced J:roject for possible impact to cultural resources (any prehistoric Jr historic district, site, building, structure, or object) listed, or eligible for listing, in the National Regisoer of Historic Places, or otherwise of historical, archaeological, or architectural value. I W~ have reviewed the Florid.l Master Site File and our records and no cultural resources are known to eltlst in the area of potential dIect. Therefore, based on the infonnation provided, it is the o~,inion of the I office that no cultural reSOurles will be affected by this undertaking. If you have any questions cOllcerning our comments, please contact Scott Edwards, Historic Preservation I Planner, by electronic mail sl'dwards@mail.dos.statefl.us, or at 850-245-6333 or 800-847-7278. Sincerely, I ~ --:+ 0 . . Q ", G..lL. \.~ SliVa I Janet Snyder Matthews, Ph.I:., Director, and State Historic Preservation Officer I I I 500 S. Bronougb Stred . Tallahassee, FL 32399-0250 . bttp:/Iwww.f1beritage.eom CJ Director's om"" CJ J.n:huological Resarch ci' HlHoric Prnnvation CJ JiUIorkaI M__ (850) 24s.moa ' FAX: 24>-6435 (SSO: 24>6444 . FAX: 245-<>436 (850) 245-6333' FAX: 245-6437 (850) :!~. FAX::z45.6433 I a Palm Beach Regiono I Office CJ Sl Augustine Regional Office CJ Tampa RegiOnAl Office (561; 279-1475. FAX: 2'9-1476 (904) 825-5045 . FAX: 825-5044 (813) 272-3843' FAX: 272.:l34O , May 25,2004 Page 80 of 147 . i .....J.. lW~ml) , I I TRAF]?IC IMPACT STATEMENT I FOR ! I I I BOSLEY pun I , : I (pROJECT NO. 021203-10) ...l. I I i I I PREPARED BY: Metro Transportation Group, Inc. 12651 McGregor Boulevard, Suite 4-403 Fort Myers, Florida 33919-4489 941-278-3090 t I , I es M. Banks, P.E. -L.. P.E. No.: 43860 Agenda Item No. 17C May 25, 2004 I Page 81 of 147 rir?+ ~('~mitfa I ~ .- '1 CONTENTS _. ] -1 1. INTRODUCTION -1 II. EXISTING CONDITIONS I III. PROPOSED DEVELOPMENT I I i TRIP GENE~A TION IV. : I V. TRIP DISTRJBUTION I I , j VI. FUTIJRE TRt\FFIC CONDITIONS I VII. PROJECTED LEVEL OF SERVICE AND IMPROVEMENTS I I , I ; VIII. CONCLUSION .1 J J , 1 J j Agenda Item No. 17C J May 25, 2004 Page 82 of 147 -- .:\ I 'l I. INTRODUCTION \ Metro Transportation (iroup, Inc. (Metro) has conducted a traffic impact statem ent for I " the proposed 20-acre Bnsley PUD. The site is located to the south of hnmokalee F.oad to ! the west of 1-75 in Scdion 30, Township 48 South, Range 26 East in Collier County, -l Florida. The site location is illustrated on Figure 1. .1 1 The proposed Bosley PUD will allow for the development of approximately 303 multi- I I family residential dwelling units. Access to the site will be provided via a single access -, location to Immokalee Road. i I I , I This report examines t Ie impact of the development on the surrounding roadways and intersections. Trip get14n-ation and assignments to the site access drive will be completed '1 and analysis conducted to determine the impacts of the development on the SUlToJnding I intersections. 1 ~ II. EXISTING CONDITIONS -, I I I The subject site is C\llTently vacant. The site is bordered to the north by bc.th the 1 Donovan PUD and tll€~ Breezewood PUD. To the east, the site is bordered by I-j 5. To , 1 the west, the Bosley 1'1]D is bordered by the Donovan PUD. To the south, the site is J bordered by property t) wned and regulated by the Collier County Parks and Recreation Department. J Immokalee Road is a four-lane arterial roadway in the vicinity of the subject site. The J intersection of hnmokalee Road with the Donovan Center PUD access is cU:Tently signalized. The Collier County 5-year Work Program indicates construction of the six J laning ofImmokalee Road from U.S. 41 to 1-75 in the Fiscal Year 2004. Therefore, the .J six laning of hnmokal~~ Road was accounted for within this analysis. Imrnokalet Road has a posted speed limit of 45 mph and is under the jurisdiction of Collier County. ........ Agenda Item No. 17C J - May 25, 2004 Page 1 Page 83 of 147 ~,-._- -- -.-- I . ... - ') j ~ SITE- '''.. LOCATION BONITA BEACH H[ . - .- 11TH AVE. IMMOKAI.EE RD. d) I I ~ VANDE I T B CH RD. NOl TO SCALE , SEAGATE - Cl ,. 0 ;a CIl , 0 'l> 0 0 :>- : r :u z 01. m -< > :j -'0 ~ m c: ~ r- 1 -T, r- :u !I: ~ Z III I :;; (;) :>- !I: z '" ) >< :u :>- ~ CD ~ III r ~ ;= ~ 1 I . j 0 :u (;) <0 ] 8 ?1 0 0 r m Q. :j { m III -T, s: 'l ~ '- z >< III ~ RADIO RD. AlliGATOR AlLEY , - i I - 0 I ?l ~ ..J ~ ~ ~ :.J III ~ ..J tEL y CUI TURAl PK~W. . J I i I __.1 i , ~ ......J Agenda Item No. 17C .W1J@] SITE LOCATION May 25, 2004 J Page 84 6f~E: 1 -'~ I I ., , I I ! I I \] i , III. PROPOSED DEVELOPMENT I - 'j The proposed BOSI~Y I'~. will ~low for the development of ~pproximatelY 303 ~~lti- . family dwelling umt" wIthin Colher County. Table 1 surnrnanzes the land useltlhzed 'l for trip generation purposes for the subject development. Table 1 Bosley PUD Land Uses : ~ I Access to the subject dte is proposed via two access locations. Both access dri veways ) will route the develcpment traffic through the Donovan PUD in order tc reach I , Irnrnokalee Road. Ultimately, the development traffic will access Immokalee Road _.I opposite of Pelican Larding at a signalized intersection. 1 IV. TRIP GENER\.TION I i The trip generation f;:>r the proposed development was determined by referencmg the , , Institute of Transportation Engineer's (ITE) report, titled Trip Generation, 6th Edition. Trip generation calculations were performed for the development based on the proposed I I 303 multi-family dwe.ling units. The proposed residential units will be ownership I residences, so Land Use Code 230 (Residential CondominiumfI'ownhouse) was utilized. ,.J The equations for this land use are contained in the Appendix of this report for reference. I Table 2 outlines the anticipated weekday A.M. and P.M. peak hour trip generation of the _1 proposed Bosley PUD. The daily trip generation is also indicated within Table 2. ..l Table 2 Trip Generation i Bosle PUD ; .- CondorroYinhouse (303 dwellin~ units) J Page 3 Page 85 of 147 -.- --,_..-- i , I V. TRIP DISTRIBUTION i I I 'The trips shown in Table 2 were then assigned to the surrounding roadway system based ( I on the anticipated rout~s the drivers will utilize to approach the site. The driveway I I volumes shown in Table 2 were assigned to the proposed site access drive. In o:'der to I determim: the project distribution, the current and projected population in the arl~a and other existing or plamllxl competing/complementary uses in the area were reviewed in I order to fcmnulate the distribution of the site traffic. It is anticipated that a higher percentage of the development traffic will originate from the west, so 60% of the project traffic was assumed to originate from the west. The remainder of the site traff:c was I assumed to originate from the east. The project distribution for the proposed I development is indicat~l in Figure 2. I I i ! In order to determine which roadway segments surrounding the site will be signifcantly I impacted, Table lA, contained in the Appendix, was created. This table indicates which ) roadway links will ac(:(.mmodate greater than 3% of the Level of Service Standard for i Peak Hour - Peak Dimction traffic conditions as defined by the 2002 Collier County i Annual Update Inventory Report (AUIR). The Level of Service threshold volumes on lmmokalee Road were obtained from the 2000 FDOT Generalized Level of Service Spreadsheet, Table 4-7 for Generalized Peak Hour Directional Volwnes for Florida's I Urbanized Area's. A CJPy of Table 4-7 is contained in the Appendix of this repJrt for . ,J reference. I i I I Based on the traffic distribution indicated in Figure 2 and the Level of Service Thr,~hold I volumes indicated in Table lA, no roadway links will be significantly impacted as a . .~ result of the proposed Bosley PUD. The highest impact percentage sustained on any area I roadway is shown to be 2.5% of the Level of Service Standard on lmmokalee Road to the i west of the subject site. Therefore, hnmokalee Road was only analyzed immediately , adjacent to the subject site. I , .. J Agenda Item No. 17C I - May 25, 2004 Page 4 Page 86 of 147 ...J I _. I I L- I - --.-..- - ,- -~ --'- -_.~.. ---< , '-- -- ' - .- - -, (h .. 4 -..J CJ1 NOT TO SCALE "tl ~ c=i )> z I~ z G> - 60%- - 40%- IMMOKALEE ROAD - LEGEND Aglda Item No. 17e xx", - Percen! ~istribution ~~ TRAFFIC DISTRIBUTION Page 87 of 147 FIGURE: 2 - --' I I "l I Based on the traffic distribution indicated within Figure 2, a site traffic assignment to the '-1 proposed access locatiolls was formulated. Figure 3 indicates the site traffic assignment ':0 Immokalee Road for 1he proposed Bosley PUD. l VI. FUTURE TRAFFIC CONDITIONS ~l ft was assumed that thf: proposed Bosley PUD would be completed by the year 2006. The 2006 background traff c volumes were calculated by increasing the existing traffic volumes by the appropJiate annual growth rate for the roadway link. Table 2A in the I Appendix of the report indicates the 2006 peak hour, peak direction traffic volumes for i , Immokalee Road. Based on the project distribution shown in Figure 2, the link data was I analyzed fbr the build-out traffic conditions of the Bosley PUD both with and without the development traffic. : l Figure 4 indicates the:> ear 2006 peak hour - peak direction traffic volumes and Level of ,1 Service fcx the VariOl s roadway links within the study area based on the traffic projections for the proJ>osed Bosley PUD. Noted on Figure 4 is the peak hour '- peak 1 direction volume and L~vel of Service of each link should no development occur on the I subject site and the pelle hour - peak direction volume and Level of Service jor the I weekday A.M. and P .::Vl peak hours with the development traffic added to the roadways. I J VII. PROJECTEn )~EVEL OF SERVICE AND IMPROVEMENTS J Figure 4 details the Lc"el of Service for all links inside the project's area of influence. These Levels of Servicf were derived based on the Level of Service thresholds inCicated J within the ART-PLAN 4.0 Level of Service spreadsheets as previously indicated. Table .J lA in the Appendix ddails the calculations to detennine the Level of Service on the analyzed links based on the build-out traffic conditions of the Bosley PUD. 1 I As can be seen from Figure 4, all roadway links adjacent to the subject site will function j I under an acceptable I..A:vel of Service when the development traffic is added to the I _J Agenda Item No. 17C J Page 6 May 25, 2004 Page 88 of 147 ._. , - --.- - _J ---' L-. L- L- L- -- --- - - -- --- - 4 "tl I~ m r- (5 )> z ~ ): NOT TO SCALE Z g Z (j) :;:; t r1O(40) IMMOKALEE ROAD (85) 10-, t ..., r ~ ' ... .,.0 ~~~ .- j--i--- , : I , . SITE~ , , I LOCATION , ,......... I , , j"' I --oJ 01 , , L.____~ LEGEND Agenda Item No. 11 xx - Weekday A.M. Peek Hour (XX) . Weekday PM. Peak Hour ~~ , SITE TRAFFIC ASSIGNMENT Page 89 of 147 FIGURE: 3 ,- ,~~- - ...._~._. ~_._.---.- -- .. .-- - - --- --. , ,- -., -. '--- '--- - --- - --.- - - (4 I~ I . 4 NOT TO SCALE "0 ~ I I c=i 1 )> z I~ 2518 .. liD" I z G) IMMOKALEE ROAD 2548 - "0" (2611 -"E") [2611-"E"] r-- I : SITE l___! LEGEND vvv ~~e r'.wk ~.iy..,:",.;-.;,~ ::,;:-,,.',;"":"0:'" ~U'll;l'....;,l.I" AJnda lIem No. 17e Background Traffic Volumes (XXX). 2006 Peak Soason.P&ak Hour,Peek DirectIOn Background Traffic Volumes Plus AM Project Traffic [)(XX]. 2006 Pe!~ Seesor..Peel:: HO!1~.Pe~~ Direct:o:-1 Background Traffic Volumes Plus PM Project Traffic 'X' - Level of Service Designation ~~ Page 90 of 147 2006 BUILD-OUT TRAFFIC CONDITIONS FIGURE: 4 -~-----'- 1 \ i I : I I -1. surrounding roadway m:twork. Therefore, no roadway improvements will be required as '1 a result of the propos{:d Bosley PUD. I . \ Tum lane improvemen1 s will be required when the development traffic is added to the surrounding roadway n~twork based on the Collier County Ordinance 93-64. Both an "j eastbound right turn lane and a westbound left turn lane will be required on Immokalee Road. These turn lane:s currently exist, and the existing turn lanes will remain sullicient once the Bosley pun ~ite traffic is added to the roadway network. No addition1l turn lane improvements will be required as a result of the proposed Bosley PUD I J VIII. CONCLUSIO!'l' \ I The proposed Bosley PUD to the south of Immokalee Road just to the west of 1-75 within I Collier County, Florida will not adversely impact the existing roadway network. The I surrounding roadway nt:twork was analyzed based on the projected 2006 build-out traffic J conditions Based on the analysis contained within this report, all roadway segments impacted by the Bosl(:~' PUD will operate at an acceptable Level of Service when the 1 development traffic is added to the surrounding roadway as projected without the l:ubject I development. I Turn lant: analysis WIU; performed as a result of the proposed development, and both an .J eastbound right turn lar:e and a westbound left turn lane on Immokalee Road at be site I access intersection will be required when the development traffic is added to the roadway ! .J network. Turn lanes currently exist at this intersection, and these turn lanes will remain adequate once the subject site is completed. Beyond the mentioned tum lane J requirements, no road'~'ay improvements will be required as a result of the pmposed .J Bosley PlID. i I 1k:\2oo2\12\03 \1 O\report.doc , .--L Agenda Item No. 17C .J Page 9 May 25. 2004 Page 91 of 147 -.,'.. .-..,"'- I i I I I I I 1-) I I I I I I I ! , I ! I J ! j )~PPENDIX I ) j 1 , I , .1 J ..1 J - I i I ..-.... Agenda Item No. 17C J May 25, 2004 Page 92 of 147 I I , ....L I I I \ , \ I \ \ ! . I TABLES lA & 2A ,....i I 1 i , , ..1 J i J I .. j , , , , - Agenda Item No. 17C I May 25,2004 Page 93 of 147 -. -, _.~-_. ~_.- >--- - - - L- - ---- -- - - - -- - -- '-- - TABLE 1A PEAK DIRECTION PROJECT TRAFFIC VS. 5% LOS STANDARD TOTAL AM PEAK HOUR PROJECT TRAFFIC = 125 VPH IN= 20 OUT= 105 TOTAL PM PEAK HOUR PROJECT TRAFFIC = 155 VPH IN= 105 OUT- 50 PERCENT PROJI ROADWAY LOSA LOS B LOSC LOSO LOSE LOS PROJECT PROJECT LOS ROADWAY SEGMENT CLASS VOLUME VOLUME VOLUME VOLUME VOLUME STANDARD TRAFFIC TRAFFIC STANDARD Immokalee Road W. of S~e 6LO 0 340 2110 2570 2710 2570 60.00% 63 2.5% E. of Site 6LO 0 340 2110 2570 2710 2570 40.00% 42 1.6% E.ofl-75 4LD 110 1660 1850 1850 1850 1850 20.00% 21 1.1% Agenda Item No. 17C May 25, 2004 Page 94 of 147 _. ---.---- ------ ------- L- - -- - - - - - - - - . .- - -~-. --~- - TABLE 2A COLLIER COUNTY TRAFFIC COUNTS AND CALCULATIONS 7% Tnx:k Adjus1m.nt. 0.952 B2Itm: ~ 12 Immol<alee Rood 0.097 0.600 TOTAl PROJECT TRAFFIC I>JJ, . 125 VPH IN' 20 OUT= 105 TnT.ll.1 pQn u=rT TR6c:~rr PU = ... \IOU ."1- ~0~ ':)I_IT"_ =n 2003 2006 2006 2006 2002 PKHR PKHR PERCENT BCKGRND BCKGRND BASEYR 2002 10-mo. YRS OF ANNUAL PK SEASON PK SEASON PROJECT AM PROJ PM PROJ + AM PROJ + PM PROJ ~ lli1I!i!lI ADT ~ Am: ~ BAn ~ ~ !IlAEf!l< !IlAEf!l< !IlAEf!l< ~ ~ Immokalee Rood W. of SM. 32423 39031 38200 4 4.75% 2217 2548 60.00% 63 63 2611 2611 E. of SM. 32423 39031 38200 4 4.75% 2217 2548 40.00% 42 42 2590 2590 ,.- Agenda Item No. 17C May 25, 2004 Page 95 of 147 ----------- - - . - I I ~-I I '"j I I j -I '1 I I I 'l FD()tT LEVEL OF SERVICE I I HilNDBOOK-TABLE 4-7 , 1 GENl3:RALIZED PEAK HOUR .J . ) DIRE(:TIONAL VOLUMES FOR I I I FLORIDA'S URBANIZED AREAS ! J . J J J J I _I Agenda Item No. 17C J May 25, 2004 Page 96 of 147 ! I J I \ TABLE 4 - 7 ~ GENERALIZED PEAK HOUR DIRECTIONAL VOLUMES FOR FLORIDA'S URBANIZED AREAS. '1 -" T ! UNlNTEJUtUl'TED FLOW mGHWAYS FREEWAYS Level .)j Service Interchange spacing ~ 2 mi. apart Lenes llivided A B C D E Level of Service --1 I Undivided 100 340 00 950 1,300 Lanes A B C D E 2 Divided 1,1)60 1,720 2,500 3,230 3,670 2 1,270 2,110 2,940 3,S80 3,910 I 3 Divided t,oSOO 2,590 3,140 4,840 5,500 3 1,970 3,260 4,550 5,530 6,1~0 STATE TWO-WAY ARTERIALS 4 2,660 4,410 6,150 7,480 8,3"0 -1 Class J (>0.00 to J.99Id@-nalized inl.erlleCliofls per mile) 5 3,360 S,S60 7,760 9,440 10,410 Level .()! Service 6 4,OSO 6,710 9,360 11,390 12,6 ;0 Lanes Divided A B ~ D E \ - I Undivided ~. 220 no 860 890 Interchange spacing < 2 mi. apart 2 Divided 250 I,S30 I,UO 1,860 ... Level of Service 1 3 Divided 380 2,330 2,720 2,790 ... Lanes A B C D E I 4 Divided 490 3,030 :~,160 3,540 ... 2 1,130 1,840 2,660 3,440 3,910 3 1,780 2,890 4,180 5,410 6,150 Class 11 (2.00 10 4.50 signalized intersection I ler mile) 4 2,340 3,940 S,700 7,380 8,380 Level ,)1 Service 5 3,080 4,990 7,220 9,340 IO,6:~0 I Lanes Divided A B :::: D E 6 3,730 6,040 8,740 11,3\0 12,8:;0 i I Undivided .. 100 590 810 8S0 2 Divided ... 220 1,160 1,710 1,800 BICYCLE MODE 3 Divided .'. 340 2,110 2,570 2,710 1 4 Divided ~. 440 2,190 3,330 3,SOO (Note: Level of service for the bicycle mode in this table is based 01' roadway geometries at 40 mph posted speed and traffic conditions, not number of Class III (more than 4.:; signalized inten;e(:tiolls per mile and not bicyclists using the facility.) (Multiply motorized vehicle volumes shown below within primary city central busin~5 district of an by number of directional roadway lanes to determine maximum ser -ice volumes.) urbanized lIR'.a over 750,000) I Paved Shoulderl Level of Service Level oj Service Bicycle Lane Lanes Divided A B ~ D E Coverage A B C D E - t Undivided II'. .. 2~0 660 810 0-49% .. .. 170 72C >720 2 Divided .. .. 650 t,SlO 1,720 50-84% .. 130 210 >21') ... '.l 3 Divided .. .. 1;)20 2,330 2,580 85-100% 160 380 >380 ... ... 4 Divided 4'. .. 1,150 3,070 3,330 PEDESTRIAN MODE Class IV (more than 4.:; &ignalized inter5e(:tioIIS per mile and within (Note: Level of service for the pedestrian mode in this table is base< 1 on roadway 1 primary city ,;ntral business dislri;:t of an urbanized area geometries at 40 mpb posted speed and traffic conditions, not the nl mber of over 750,000) pedestrians using the facility.) (Multiply motorized vehicle volumes shown below Level oj Service by number of directional roadway tines to determine maximum sen ice volumes.) Lanes Divided A B , D E - I Undivided .. .. 210 720 780 Level of Service I 2 Divided .. .. 6;0 1,580 1,660 Sidewalk Coverage A B C D E i 3 Divided .. .. 1,1100 2,390 2,490 0-49"10 .. .. .. 330 810 4 Divided .. .. 1,:'50 3,130 3,2S0 S0-84% .. .. .. S20 990 8S- I 00"/. .. 120 590 >S9( ... I NOS-ST ATE ROADW., VS Major City/County Ro<IC" ays BUS MODE (Scheduled Fixed Route) J Level (If Service (Buses per hour) Lanes J:ivided A B .: D E Level of Service 1 Undivided .. .. 410 760 810 Si<lc:walk Coverage A B C D E J 2 Divided .. .. 1,.20 1,620 t,720 0-84% u >5 ~ ~3 ~2 3 Di vided .. .. 1;40 2,450 2,580' gS-IOO"1o >6 >4 ~3 ~2 ~l J OllK:r Signalized Roa<lwa ys ARTERlAUNON-STATE ROADWAY ADJUSTME:I/TS (signalized intersection IInal ysis) DIVIDEDIUNDIVIDED Level (,f Service (alter corresponding volumes by the indicated percen1) Lanes Divided A B c: D E I Undivided .. .. 2:;0 S30 660 Lanes Median Left Turns Lanes Adjustmen : F8Ctors J 2 Divided .. .. SilO 1,140 1,320 I Divided Yes +S~. Sowce Florida Del'a.."'tment of Transport at ion 02/22102 I Undivided No -20 M. Systems Planning Office Multi UDdivided Yes -S~.. 605 SUW8n.'\ee Slrecl, MS 19 Multi Undivided No -25 V. ] Tallahassee. FL 32399-04S0 bnp:l/www t l.myfloridl.comIplanninglsyst :rlSlsmllosldefault.bllll ONE WAY FACILITIES Increase corresDOlldiD2 volume 20% '"lhiItoblo _... --,_.1IIICIIrd IIId _Ill be _ oaIy for..-- ,11IIOi.."""IicIIiaoI. no .--_Ia r.o. wbicb lIIiI.oble 10 deriwd......d be "*'.. .....IpCCir.. ........ .ical..... no lIblc IIId dcriYial_lIlOdoIIoI""k: not be _ ror <Otridar or ~ desi&n........ __ ..r_ __..ill. V.lunlhown.nllourly direcli.-l__ for _Is of ....l. _ aod .. r...1be ..._tllI_ _...... ",...if ,Illy __ LnoIoh.",ice lclIer p'Idc __ 1ft pn>iIIbIy... COIllpIIObI. _ modes ond,therer.... ..- _1...,,_ _I.. made Wilh ~. fUllbemtcnw. COIIIbinia. RvelJ of .'Vice of &.trer.nI -.odesd. OM' O'VU'IIIANldwIY Incl of .rviec is DOt rceommaNW. To coaowen to ann..1 averaae daily InIffic yt han,.1heIc. _ ,..... be divided byo""vpriIIe D IlId K faaor.,. ,,. ; lable"..... ..I.. defMlIlJ IlId _ oheni<< c:ri_ _ GO... followinl POle. C._ I/O bosed on pIll...in,.,,1 icoIioo. oflbe HiPwa:1 C~ _~ a.cyd. LOS Model. _.Ift .os Modelllld T.-it Capoc~yaod ~lityor5crlice Mlftua~ aupecliYCly forlbe Oul_~~d8'1tefTl' tfo 171 ..Caanul be- achievtd aI"" ~ input wlue del.ulu. . ...Not :1I"lieablt forN leY~ll)(.mce letter lIMe. for .,rtomobilchruc:~ modes. VGlumcI pelltrbA kftlofaervc D bc:comc fbcalllC inlerscc:zw. c:aplCities hI~ bee.. raMay~ 200 J .... pod<.uion mocle'.k Ie.d ,r _ice _ vade (incl:... F) ia... Khievable. because Ihen ia.. ....im... vehlde ...U"'" thtoshold ...... ....,. input ..I.. der..l... P ag e 9 7 ~f ~ ---- '/ j "I i 1 -, - ! I I I -1 i -1 ,j ~COLLIER COUNTY 'j TRANSIJORTATION 5 YEAR WOR'K 1 PRO(;RAM-FY03 REVISIONS I I ; i , J _1 J J , I --.1 I I --.1 Agenda Item No. 17C J May 25, 2004 Page 98 of 147 04124/2003 THU 13::l~~ FAX ~OO2/002 " I . \ Ja!'TAC~T "C" ~, o-VUr Pwpo TtaI'lSpol1al n 5 Yoar Wotk PmSI';lll1 - fY~ RcwlsionS ~W eioU;; . . CDo\blrs shown in Tbousalld$l . I 1 PI1J/'}=t. proJect I I " Maim f"i03 FY04 FY05 f1'()(; F"rOT SUMMARY OF PROJl!:CT$ Amount Amount Amount Amoulll Amount Amour 8011'j Plno Rl~ FlOadI'Alrpon-Log:ll' 250 FCO ~ I ~:1; AIrport NUns RciNaR to PF\A 23 FeO ! G304 t QotdBrl aale BtydIColller Blvd' Wilson 2111 FCO , 6SOd11 RIldIo R_f lnl_Uoa 30 FCO 19101 I/nn1(lbIeoG Ad 175 - QvIIIlN' Ph'll. &1 FCO - GOO1S IqunokaIM F1cUCollIer Bltd. Wl~ 27.'25 en 27.'. 1 Golden GIlt. PkW)IfAllpol\-SBB 2Il,&Ct we \ - ClDO.27 20,S 80021 GalClca Gato PkWY 0wWpae&. as,ooo ~ 3$,01 ~71 LhIng8IotI RoedIOGPKWYof'Ii:F: 2PI ell :z,s: - 60184 GoodIette r-nlM R<<YBR - mn 15_ CJ1 1s,&: 1 _10189 RaIIIesnab Polly 10 Collar 111"111 6,100 DIMICII 6,11( _ G'lD71 LlvktJlItocl ~IIK 21,I9C en 21~ _ IiilIOS I V~1It am RdfAkporl-CoIl1t!f BM:l. 2&,131 ~ 24,'~ _ &5041 LJvInp(on Road ........ -trr.pt 1aI St 1_ ell 7~ 611068 1811I SIreelIn~ 2,D5O ell 2,05 i - 'IBD SRMDnW Ptwd ~on 50Cl C SO I _ tIOaI8 IVN~ RdIOId41~ Lit 2rGOO .. 2,50 \ _ 68101- 00unt1 a.N R08d/Devil - CRaG I 1,s.u RIM 1t,tOO ell 12,64 - 101. LogIIt BouI~\o IMMI<: 2,2Sll l'lIa 8..000 C" 8,251 I - I3l81 SInla s.dlara BlwIIPRR. DavIs Blvd 10.784 DIR "'125 C'I lIo.nl - GSOG1 COIf'" EIMlJlIMIIc RcHlO BWd. 1,100 DIR .,t'II R 1"aGO C. ".srI \ - eeo42 Immok.1llee ~1~6 12,IU bIR .10,100 cA. =- .,..., IOOOl ColDer 8Ivd (DaVIs S 10 US41 4,4500 ~ 4r87S R 14,023 R 017 ,2IlO E1Q't 61 ,zlll - fiOOOG: CioOdlfdIa FfMk (PRR-GOPKWY , 1,200 14.110 E:ICII l&,!lOt ""1 - 80011 immo1c~er8Mf SOOD 50C \ __ SOles In1rIIobItee ReI oa Wdlo 8R29 1,aoo S · 3,SQlI o · 1i,3ClCl _ tI01ffT Uvlnpn Road EJClOnlIIon 60D P "000 DIRI\I ',lIOCl - eo1M "MlCIed>1It lli..lICh Rd/tlDIier 8M -WIlson SIlO S S,OOO D 12,,500 R 15,11OCl - tsO$3 RIIdIo Ad "'-R-s.nIa e.... %75 1M 27S \ ~ TaD Coller ~IlmI-GGPKW1' ISOS 1Ji1OO P 2."50 -TBD GoocIette Fnnk FId/ImnIk. vim 1,200 D 1,200 - iBD Green BIR Eat an. SBB MIOS s.roo 0 ~,900 __ TBO ~anclertIIl DIM WlSg- 8BR 2.61lO /) 1_0 1,.400 ...J _ 180 s.nt.a ~,. IlIhd/Dnt6 -rc.ttlf ""~ UOO R 1 CI,IICIO IR tt,. C 2J.9QO _ . 'TBD Co...... Btvd (GG8 \0 G.-n Bll/If. I 1,1DO D 1,500 R 5,700 ~ "500 c: 111,_ _ .TeD Green Blvd (SIIntHno - seD) I50CID 870R 2.9SO R 3,IDO c: 8,~ _ THO GOlden Gate a1vd/Wl1sOD-EYttI1lI1 dos Z&OS 1,5C1O 0 1 ,no - TBO IIS1 C40r Studt ~ COlLIn 1 2SOS 2SO 1 - '1130 Pine RIdge ~er ElM I 11000 8,000 c: .c,tiOO -TBD WIlson 81lrcf( Immk.QGB ZSOS 25D - TaD GIG Estldes EIW Cohtdor Stud)' 100 S 2608 650 -1'8D Davis Blvd &hld,.-Nlpori - SBII 110 ~ 'lVOD 850 -1130 GGPKWY ""'341 E of QoodIette R { 25Q ..S BOO \ 10" Contingwqr 12.772 8.800 .~ ...., a&72 SUb-Tot!. PI'OIlIda 11';31t 111,sr. 4g.DOO SliT ,5'S1 -0 It NOElCl 8dcIg. Replll'Slllltprowlnes 73 $0 $0 GO &0 m .1 A606S ...,or Inttmelllicm lmpc'o""III'" .t1 1,000 1.000 1.000 '.oao "191 800111 InterseoUon 8af~ Inlll'll'" 1m 750 760 7SO ?SO 4.292 f0172 H.w nllfllc 6t..... 1,be3 110 760 7$0 750 .,0&3 .122 Shoufder 8"'01:1 PrDIIW1\ 75 50 so 50 10 275 8IOB1 pllhwayslStcl-llIICa 8Ikt l.arMIll 10 10 10 50 so 250 .J Subl/)laI 8MG .,p.,.uons fc ....."t manoe ,,444 2.150 ~5D ~ 2.1150 ImPaCt At credits 11nahold I 2,.IlOO I 2,000 .1 ~ I ~ J of...... .Ehhll'lc8d OI:l<<1ItI!!fIS " Ihlnl.rnl IS/! 1,ooc1 CI0173 MlIIor RolIcIfty RMUIf~onstnJCIJon 1.117 1.000 1,000 1l1C1O Subtotal E~ld 0 .. t.I 1,&17 UOO 1.000 1.Q!lO 'I J eooo:I CoIIKtOr Roadt:lMlnor MeNIl ftOt Ids 1- 5.,600 UOO G,GOO e,GOO ~171 Advancod ROW .\ 1.570 ,. 1,000 1,C1l1O 1000 JllMtn- Bfl"':ls Debt Sent~ I Propo"d t'ebt Service "S61 11"M8 25.m 29.2S7 79.944 .. , J l-ot>> Funding R~ All fUnc1s 2OO,87D 141.495 116.466 '01.703 11.507 658,040 !~ $. Sludy NOTES: SB8lbavb lo ~ RO\JfOl''' b\llIdIng ~... .-l (I .. be.lgn · to AdvllllCed F\elmbuf8ement ColDer ElIVli'GG8 -Immk Rd _2fDJeells bM\g. Fat nebd JI .. Mltlgadon E . ExfIInUon 1lO1611n ~unctiof1 d:' Denlo'Nr c:oncrlbUllon Agf'CCIlIllIlt c: . (::0 nstruc\fOl!\ FeD .,. final Close out ~en a Item o. 17C FI = ROW AIo\ .. Access Management FY 02 ProJects oRed IrltMlft 25, ~4 .J I .; .I"'-fr-l:- Page 99 of 147 .cr::: _.._--~ --~~ ><--.... -- , i I J - , i i i-I I I 'l I I I I . I I I j TRIP GJi:NERATION EQUATIONS I i , , J ..1 .1 J I ._1 ./ Agenda Item No. 17C .J May 25, 2004 Page 100 of 147 , i I J \ -1 TRIP GENERATION EQUATIONS ""1 BOSLEY PUD ITE TRIP GENERATION REPORT, 6th EDITION I I -I - Ull1d Use Weekday AM Peak Hour Weekday PM Peak Hour Daily (2-way) ! Re,idonti.! J;; Condo.rrownhouse Ln (1) = O. 7 ~O Ln (X) + 0.298 Ln (T) = 0.827 Ln (X) + 0.309 Ln (n = 0.850 Ln (X) + 2.564 , '1 (Llrc 230) I T = Trips, X = Unit~ -- -\ ~1 "1 I I i .J J .J J I I I I .-1 Agenda Item No. 17C J May 25, 2004 Page 101 of 147 -'," A. I I \ : i , . , I I " I -~.. 1\ 'I \ ;: t \ I \ , , , , I i \: I STILES I UUNOVAN CO_RCIAL I IIRt!EZEWOOO \ ,I / I::: \ PUll PUll PUD " "'''--1'''''''''-- "" '-'_n__n.. I I ------- ---r"" I::: ,~__h___h__ ' " I \, Iii: .: I \1111/ I I: I 1,:1::/ -----4-- - '\ i i -t' j\iW : : : !::l I ' , '~' I I I, ,. _ I ' :: I' J' '. ''': 1111 I I I " ~ 't I I IIN I ' , '" : : -- :!!! :: . , , LOCI. nON NAP , I I I t 'I 'I ~ i : "- , ~~i 'I " 1i:C!: : ..... ~, UVlHGSTON LAKES : PUll I ...._ , ,i I SUBJECT PROPERTY _ 20.23 ACRES '\ DONOVAN ~~ I :: I PUO I 1 I RESIDENTIAL Ii' I PRESERVE . 3.118 ACRES +/. SHOWN , , , I 'I :' :\ A TOTAL OF 4.110 ACRES +/. OF PRESERVE - i . , TO BE PROVlDEO AT TIlE OF SITE DEVELOPMENT ' f.'-....J. . . . . PLAN APPROVAL I L _ _ _ _ _ .J t i ~~ I ~....."~...' : I ir.... c.!......... . . . "-..~.~. -.<.:::1 I' LAKE. 2.57 ACRES +/. I' ,. , . 1 .. , . ~? ~ ,. i . .:, . "." ,. I : MAX. DWELLMG UNITS . 303 ! ' 1,8jt,., . ....J I I - -, " , ',OPEN SPACE . TO BE PROVIDED 1&0.0'" i COUNTY PARI( 1 " -- --.., -- -- - ......."-311"1 PUD MASTER PL . THE BOSEL Y PUD __ ~ ~~ EXIIB/T A A'benda -;-... 1 - - - Page 102 of 147 May-13-04 06:S5A Dorr;ll Managgmgnt Group 239 594 1422 P.01 - dmg Dorrill Management Group Facsimile Transmittal Cover Sheet To: R. Bruce Anderson. ESQ. Fax # 261.3659 Company: f<oetzel & Andress Date: May 12. 2004 From: W. Neil Dorrill # of Pages in Transmission:.1 .- Comments: .. The Original of This Transmission Will _ follow via U.S. Mail Will not --1t. follow via U.S. Mail If tl1ere are ony problems with the receipt of this transmission. Or if you r'eceived this transmission in error, Please ,all our office immediately ot (239) 592.9115 - Agenda Item No. 17C 5645 Strand 8ulllevard"Suitc )*NlIples. Florida 34110*teI.239-592-9J 15"fllX239-59~~5, 2004 Page 103 of 147 --~. ,., ....~_.. May-13-04 06:55A Oorr;ll Management Group 239 594 1422 P.02 " Don-i1) Mal1~emcnt Group (",')11 ier ClHmty BIHlrd :->f COLJl1ty Commissioners C()I!J~r County (j,)\'errlrn~lil CCllter ~~JO I E:l~t T.):~li:mli Trail !\.lplc..;,FL )411~ R(~; Bcndcrson DeveJopment Company/Bosley PloD PL DZ-2()(J3-A R-4575 D~.:lr MO.1rd O(Cl'Llnty Commissiom:rs: The ilnnrd 01' Direct':l!'" of The S tr:md Master ProperTY Owners AS~0,.'jution ("The Strand") h~~: d~7~:jll;rIl:d l\l sLIiJpm1 the is:'iu:mce of :J dc:\'clopment order by Cui lic."l' CNlTlty lor the n'J:~ky PL:D to :l!ln",,' lhe tk\'dopmen1 of a rrHlXll1lUll'l uf three hundred thri;e (:;OJ ~ mulli.1~m)il:, ::i':lml:1bJc I1cllsing t.!wdlrn.~ units. In th:.lt reg,<1rd. the B,)ard recognize;;; thar a wide V:lr1el y (1 t' '~~'.'Clrlrmt:n: :lI1U types of hou:;mg :ire necessary in order Inat Collier COUtlly c:m he II \'i.1hj~ "- .:orllJnuniry. :.ind cllrl:>id;,;r,; the ~mpm\'al oj" tllis pn)ject by the Ci1unty Ll bt: :.I slgljJtlCallt st~.i-' lcm;ml ~cc()mrli5hi![~ :;ul'h dIversity. I iuw;,:\cr. The Sir~n~~ \; ~uppol1 of th~ Bosley rUD is cll\ltingenl upl.'n th\.~ apprn\'al hy lh~ COlHlty of the conJition of the dl:vr.:lopmenr MLkr that Bendcrson Devclnprn<:lll ('umr:.m\' Ill)! pull hulldlng p":IT:lits hlr morc rh:.ln t)ne hundred eighty (180.1 dwcllmg unjts dunng tile tlrSl yt.::ll' ~ljh:r the apprc\,.'<d dme of[hc: Bo:;ley PllD by the C\>Unty Commission. 1I!' thl' L:1.l!l~trU\.:!ioll of I he,: SLxtj) li.!m: of Immok..lt:v Road .)l the intersection with Stnmd B()ule\'urd. whichevel !ir.,t occur:,. Ther~~;lfleL the rCln:lir'i:lg {me hUJlJr~J twenrY-lhrce (12:r~ UUilS would be: cligibiv to rc;:~i\'\' huilding per;llil~; on the earlicr- tu occur ortn..: fir~r :llll11\'cr.:;:lry dutc ot'the appw\ul datc of t!ll' Bosley PI.'O /-ly the C"unry, Or the completion ofihe construction of the six lallcs of Itnmok;,-lke Road at i1.l; intersection with Strand Boult'vard. I~ i:s our LHl<.krSIJndlllg lhat thi!' condition was propo:)cd by the Bcnd~rson Devc::1opmcnl Cmnp:my and unanimc.u~ly apprDved hy the Collil..T C()unt~.. Planning (\1mmis:>ipn Jl it~ H1cc:ting to ccJ1Jsidcr the .I3oslc:y PUD 011 April 1:5 2004. The Str.::lnd agrec~ thallhis propo,<;ed phasing ()f the developmen1 of [he Bosky peD is necessary in order to minjmi7.~ tht: ;ldditi~mal traftll..' Im)1.:lct (In imm~1k~llL'e ROJ.d '....hkh m:3Y be causcd by thi~; dc\cJopmC::1t 1 h,wc'\'i.'r. Tlw Str.'1nd nl:;.) :lgr~c,:; thilt if tlw pl:i.nl1cd ~xlensjon 0( Vetcran~ 1\-lcmorial 1>:~rkw.::lY is ~~omplcred. tll,,; rh~l~ing of lhc J~\'eloplIl\:nt of the units at Bosley PUD pUrSU[Ul( to the clmdillOl1 would Ill) longer he: uppilc;.lblc. '\~:.Jin, "ow~ver, Tht: S~nd t:ndorc;es tht: bnd u:,c :md z()llin~ c(}mpOI1~l1t5 urlhe B()~lt:'y [)LD i!:) n.:qu(:str;;tl by the ;q1plt..c%rit . . . ~.;;" T~11 SI/'allfl .\ ~ "'.,.' ." I. A'" Thl" Strand Cllmmunilv Assocj~lri()Il"" Agenda Item No. 17C .. -. - --" ". ... -..-.... -" . --'---- ..... .-' .. --. -.-, May..~04---- ='(l-!" ~ti';lJ1d J;(llllt:\;[[',1. Sidle :i.\ . \;': ,i'lnn.I'1 ~~J:(I. .; ~;Il ~'I~,'d'~. .;:\~~ll ;Pag~1040f147 May-13-04 06:55A Dorrill Management Group 239 594 1422 P.03 - I Vo']11 \1~ pleased tt'; .m~nJ the meeting. of the Board of CDumy Commissloner<; II.) c:on51dt~r thc~ Bnsley PUO and addn:~s Jny c;ue:>lilm!:l th.:it the County Commissioners rrHlY have reEilrd:n~ Tht: Stranu's support f()r th~ f3l)::;ky rUD. - - Tha;)k you t()r your cOl;siJ..::-:lLilll1 in this matle;. C "C"Yt~ -..."" 'h~. --- ohn Th(\mo1~~. Prl':';Hlent tr:.lnd M:l.:::.l~r ProperTy Owr:c:'~; Associalion. In<.:. EA Wkc ~~I~~ I ;)ur: - '-' ,.- Agenda Item No. 17C May 25,2004 Page 105 of 147 --~..,~ _._-," ORDINANCE NO. (}.l - - 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 8630N: BY CHANGiNG THE ZONING CLASSIFlCATION OF THE HEREIN DESCRiBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE BOSLEY PUD LOCATED APPROXIMATELY ONE-QUARTER MiLE SOUTH OF THE INTERSECfION OF 1-75 AND lMMOKALEE ROAD, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORiDA, CONSISTING OF 20.23 ACRES; AND BY PROVIDING AN EFFECfIVE DATE. WHEREAS, Robert L. Duane, AICP, of Hole Montes and Associates, Incorporated, representing Benderson Development Company, Incorporated, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED hy the Board of County Commissioners of Collier County, Florida, that: SECfION ONE: The zoning classification of the herein described real property located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the Bosley PUD Document, attached hereto as Exhibit "A" and the Affordable Housing Density BonusAgreement attached hereto as Exhibit "B", both incorporated by reference herein. The Official Zoning Atlas Map numbered 8630N, as described in Ordinance Number 91- 102, the Collier County Land Development Code, is hereby amended accordingly. SECfION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of .2004. BOARD OF COUNTY COMMISSIONERS COLLiER COUNTY, FLORIDA ATTEST: BY: DONNA FIALA, CHAIRMAN D~GHTE.BROCK,CLERK Approved as to Form and Legal Sufficiency Patrick G. White Assistant County Attorney ('LlJZ,2003-AR -4575/FRlo Page I of I Agenda Item No. 17C May 25, 2004 Page 106 of 147 ..-.., TIlE BOSLEY PUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT ~ PREPARED BY: ROBERT L. DUANE, A.I.C.P. HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 HM PROJECT 2002121 AUGUST, 2003 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals .",,-- Agenda Item No. 17C EXHIBIT "A" May 25,2004 Page 107 of 147 C:\AdLib eXpress\Work\rad428CA.tmp.doc 1 -, -. ~ -~-._. ~_. TABLE OF CONTENTS Page SECTION I Statement of Compliance. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . ...3 SECTION II Property Ownership, Legal Description, Short Title and Statement of Unified ControL.................. .. , .. . .. ...... ......... ................4 SECTION III Statement of Intent and Project Description. .. ... ......... . .. ...... ....... .. ...... ...5 SECTION IV General Development Regulations. .. .......... ... .. . ..... .... .. . ..... ......... . ......6 SECTION V Preserve Area Requirements........................................................ ..10 SECTION VI Permitted Uses and Dimensional Standards for Residential Development... ...12 SECTION VII Development Commitments...................................................... ......14 EXHmITS Exhibit A - PUD Master Plan Agenda Item No. 17C May 25, 2004 2 Page 108 of 147 C :\AdLib eX press\ W ork\rad428CA.tmp.doc - SECTION I STATEMENT OF COMPLIANCE The development of ::!:20.23 acres of property in Section 30, Township 48 South, Range 26 East Collier County, Florida, as a Planned Unit Development to be known as the Bosley PUD, will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Collier County Growth Management Plan. The residential component of the project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property is located in the Mixed Use District Urban Residential Subdistrict as depicted on the Future Land Use Map. This subdistrict allows a base density of up to four (4) dwelling units per gross acre for the subject property. In addition, a density bonus of three (3) dwellings per gross acre is allowed for the subject property above the base density because it is located in a Residential Density Band around Activity Center #4. The Future Land Use Element ("FLUE") also allows up to an eight (8) dwelling unit per acre bonus for affordable housing. The proposed density bonus of eight (8) dwelling units per acre can be found consistent with the Collier County Growth Management Plan and the accompanying Affordable Housing Density Bonus Agreement ("AHDBA") that support the application. Therefore, the maximum allowable density will be fifteen (15) dwelling units per acre or 303 dwelling units on the subject property's 20.23 acres. The project density of 303 dwelling units is consistent with ,- the FLUE of the Collier County Growth Management Plan. 2. The subject property's location in relation to the existing or proposed community facilities and services supports the development's residential density as required in Objecti ve 2 of the FLUE. 3. The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 5. The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. G of the FLUE. 6. The project is planned to incorporate natural systems for water management purposes in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. All final development orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Land Development Code ("LDC") and further required by Policy 2.3 of the FLUE. _. Agenda Item No. 17C May 25, 2004 3 Page 109 of 147 C :\AdLib eXpress\Work\rad428CA.tmp.doc -,. SECTION II PROPERTY OWNERSIDP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 PROPERTY OWNERSHIP The Benderson 85-1 Trust, WR-I Associates and RB-3 Associates are owners of the subject property. 2.2 LEGAL DESCRIPTION The west one-half of the southwest one-quarter of the northeast one-quarter of Section 30, Township 48 South, Range 26 East, Collier County, Florida. 2.3 GENERAL DESCRIPTION OF PROPERTY The subject property is located one-quarter (1,4) mile south of the intersection of 1-75 and Immokalee Road and comprises 20.23 acres. Physical Description The subject property is vacant at the time of the application for rezoning. This site currently drains from the northeast to the southwest. Soil types on the site are Boca Fine Sand and Hallandale Fine Sand. The property is located in Flood Zone X. The zoning classification prior to the date of approval of this PUD was Rural Agricultural (A). 2.4 SHORT TITLE This Ordinance shall be known and cited as the "Bosley Residential Planned Unit Development Ordinance." 2.5 STATEMENT OF UNIFIED CONTROL This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD zoning on the subject property. Agenda Item No. 17C May 25,2004 4 Page 110 of 147 C:\AdLib eXpress\Work\rad428CA.trnp.doc - SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 INTRODUCTION It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in Section 2.2.20 of the Collier County Land Development Code for a residential PUD (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 PROJECT DESCRIPTION The project contains 20.23 acres and includes land area for residential development of workforce housing, preserve areas, water management areas, access, and areas for recreational amenities. The maximum number of work force multi-family dwelling units permitted is three hundred and three (303), or a gross residential density of fifteen (15) dwelling units per acre. Access will be provided through the Donovan Center PUD that is located immediately to the west of the subject property that will provide access onto lmmokalee Road. .- 3.3 LAND USE PLAN AND PROJECT PHASING A. The PUD Master Plan provides for areas of residential use, water management areas, and retained vegetation areas and road rights-of-way as depicted on Exhibit orA." The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of Site Development Plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. The anticipated time of build-out of the project is approximately four (4) years from the time of issuance of the first building permit, or 2006. However, actual build-out will depend on market conditions. - Agenda Item No. 17C May 25, 2004 5 Page 111 of 147 C:\AdLib eXpress\Work\rad428CA.lmp.doc '- SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Bosley Planned Unit Development and Master Plan. 4.1 GENERAL The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the Bosley PUD shall be in accordance with the contents of this document, the PUD Planned Unit Development District and other applicable sections and parts of the LDC and the Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, 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 in title or assignee is subject to the commitments within this agreement. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Bosley PUD shall become part of the regulations that govern the manner in which this site may be developed. D. 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 LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. E. Unless specifically waived through any deviation, variance, or waiver provisions of any other applicable regulations, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. In the event of conflict between the provisions of this PUD and the LDC the provisions of this PUD shall govern. Items not specifically stated in this PUD shall comply with the provisions of the LDC. F. The Developer, its successors and assigns, shall be responsible for the commitments outlined in this document. These commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, its successors, and assigns, prior to the development's last final subdivision acceptance. Agenda Item No. 17C May 25,2004 6 Page 112 of 147 C :\AdLib eXpress\Work\rad428CA.lrnp.doc .- 4.2 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document in effect at the time of construction plan approval. 4.3 EASEMENTS FOR UTILITIES Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with the applicable regulations in effect at the time construction plans and plat approvals are requested. Easements dedicated to Collier County shall be counted toward the County's open space and the retention of native vegetation requirements. 4.4 AMENDMENTS TO THE ORDINANCE The proposed PUD Master Plan is conceptual in nature and subject to change within the - context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC, in effect at the time the amendment is requested. 4.5 PROJECT PLAN APPRO V AL REQUIREMENTS Exhibit "A," the PUD Master Plan, constitutes the required PUD development plan. Subsequent to, or concurrent with PUD approval, a preliminary subdivision plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Division 3.2 of the LDC. Prior to the recording of the final subdivision plat, (if required) by the subdivision regulations set forth in Division 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of tile State of Florida. Prior to the issuance of a building permit or other development order, the provisions of Section 3.3, Site Development Plans, shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of the PUD Master Plan. .- 4.6 PROVISION FOR OFFSITE REMOVAL OF EARTHEN ~ltem No. 17C May 25, 2004 7 Page 113 of 147 C :\AdLib eXpress\ W ork\rad428CA.lmp.doc ,--.. --...... -- . ., -.._~ '-- The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. B. A timetable to facilitate said removal shall be submitted to the Development Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. 4.7 SUNSET AND MONITORING PROVISIONS The Bosley Residential PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. 4.8 POLLING PLACES Polling places shall be provided in accordance with Section 3.2.8.3.14 of the Collier County Land Development Code. 4.9 NATIVE VEGETATION The project shall meet the requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. 4.10 OPEN SPACE In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space will be allocated within each subsequent development area. Open space may be in the form oflandscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC. 4.11 ARCHAEOLOGICAL RESOURCES The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are contained on the property. 4.12 COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of commo~,fJsiimet;t~6Patm and water management facilities, shall be the responsibility of a homeownef5~<.XfatXOO~ Page 114 of 147 8 C:\AdLib eXpress\Work\rad428CA.lrnp.doc - be established by the developer. 4.13 SIGNAGE All sign age shall be in accordance with Section 2.5 of the Collier County Land Development Code, as applicable, except for the following deviation: An off-site directional sign may be shared by the Bosley PUD and the residential component of the Donovan Center PUD. If the Bosley PUD and the residential component of the Donovan Center PUD are developed as a unified project, the maximum area of the sign shall be 12 square feet. If the Bosley PUD and the residential component of the Donovan Center PUD are developed as separate projects, the maximum area of the sign shall be 16 square feet. 4.14 OFF STREET PARKING AND LOADING All off street parking and loading facilities shall be in accordance with Division 2.3 of the Collier County Land Development Code. 4.15 LANDSCAPING - All landscaping shall be in accordance with the requirements of Division 2.4 of the Collier County Land Development Code, and perimeter landscaping shall be required in accordance with LDC Section 2.4.7. 4.16 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Bosley PUD except in the Preservation Areas. General permitted uses are those uses which generally serve the Developer and residents of the Bosley PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Community and neighborhood parks, recreational facilities. 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary .- access ways, parking areas, and related uses. 7. Landscape features including, bnt not limited to, landscap.e buffe~ berms, fences, and walls subject to the standards set fOrt.lf.a~~ ~~3B~ PUD. 9 Page 115 of 147 C :\AdLib eXpress\ W orlc\rad428CA. Imp.doc .....- . "."- 8. Any other use, which is comparable in nature with the foregoing use, consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals. Agenda Item No. 17C May 25, 2004 10 Page 116 of 147 C:\AdLib eXpress\Work\rad428CA.lmp.doc .,-...., SECTION V PRESERVE AREA REQUIREMENTS 5.1 PURPOSE The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. 5.2 PERMITTED USES The PUD Master Plan provides for :f:4.0 acres of preserve areas and a total of 4.6 acres of preserve area will be provided at the time of site development plan approval. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following structures: A. Permitted Principal Uses and Structures: 1. Passive recreation areas. - 2. Biking, hiking, nature trails, boardwalks, and shelters. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Preserve Areas, after the appropriate environmental review. B. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals. 5.3 DEVELOPMENT STANDARDS A. Principle structures shall be required to be set back twenty-five (25) feet from preserve areas. B. LDC Section 3.9.5.5.6.4. requires that Aaccessory structures shall be set back ten (10) feet from preserve areas, and there shall be no site alternations within the first ten (10) feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve (i.e. Fill may be approved to be placed ,,- within ten (10) feet of the upland preserve but may not be approved to be placed within ten (10) feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland). Agenda Item No. 17C May 25, 2004 11 Page 117 of 147 C :\AdLib eX press\ W ork\rad428CA.lmp.doc .'-'- -,.~ C. Maximum height of accessory structures is fifteen (15) feet. D. This PUD shall be consistent with the Environmental section of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. E. This PUD shall comply with the guidelines of the United States Fish and Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FWC), or with the Land Development Code requirements for listed species at the time of site development plan approval. A habitat management plan for those species shall be submitted to environmental review staff for review and approval prior to site plan approval. F. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to the project's homeowners association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. G. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. H. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species. 1. At the time of development order submittal, a recreation plan will be submitted for all preserve areas that do not qualify as viable functioning habitats as defined in the County GMP. Agenda Item No. 17C May 25, 2004 12 Page 118 of 147 C :\AdLib eXpress\ W ork\rad428CA .Imp.doc - SECTION VI PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Bosley Residential PUD designated for residential development on the PUD Master Plan, Exhibit "A." 6.2 MAXIMUM DWELLING UNITS A maximum of three hundred and three (303) dwelling units are permitted on the subject property. Dwelling units will be multifamily work force housing units. A maximum of 180 dwelling units are permitted within one year of approval of the Bosley PUD. The remaining 123 dwelling units are permitted one year after the approval of the Bosley PUD. This phasing plan shall not be applicable upon the completion of the lmmokalee Road six-lane construction adjacent to Strand Boulevard, or upon the completion of construction of the east-west segment of Livingston Road (Veterans' Parkway) from the Strand PUD to the north-south segment of Livingston Road, whichever occurs first. 6.3 GENERAL DESCRIPTION The approximate locations of residential areas are depicted on the PUD Master Plan. The PUD Master Plan also depicts preserve areas, water management areas, and an access to the subject property. Actual acreage of all development tracts will be provided at the time of site development plan or final subdivision plat approval in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. Residential areas are designed to accommodate internal roadways, open spaces, recreational amenity areas including a club house, water management facilities, and other similar uses typically found in residential areas. 6.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Multi-family dwellings, including garden apartments 2. Any other housing type, which is comparable in nature with the foregoing uses consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals. - B. Accessory Uses and Structures Agenda Item No. 17C May 25, 2004 13 Page 119 of 147 C :\AdLib eXpress\ W ork\rad428CA .Imp.doc "--~_. ""~* -,_. -_.. I. Accessory uses and structures customarily associated with principal residential uses permitted in this PUD, including recreational facilities, maintenance facilities, and a clubhouse 2. Any other housing type, which is comparable in nature with the foregoing uses consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals. 6.5 DEVELOPMENT STANDARDS The permitted uses and standards for multi-family dwellings are as follows: I. Minimum Lot Areas - 1 acre 2. Minimum Lot Width -150 feet 3. Front Yard - 20 feet 4. Side Yard - one-half of the building height 5. Rear Yard Principal - 20 feet 6. Rear Yard Accessory - 10 feet 7. Maximum Building Height Principal Structures - 4 stories for a maximum height of 45 feet * 8. Minimum Distance Between Structures - one-half of the building height 9. Floor Area Minimum - 600 SF 10. Minimum setback Principal Structures from preserve boundary - 25 feet 1I. Minimum setback Accessory Structures and all other site alterations from preserve boundary - 10 feet 12. LDC Section 3.9.5.5.6.4. requires that accessory structures shall be set back ten (10) feet from preserve areas and there shall be no site alternations within the first ten (10) feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve (i.e. Fill may be approved to be placed within ten (10) feet of the upland preserve but may not be approved to be placed within ten (10) feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland). * Maximum height accessory structures twenty-five (25) feet. Agenda Item No. 17C May 25,2004 14 Page 120 of 147 C:\AdLib eXpress\WorIc\rad428CA.lmp.doc ,- ,- - Agenda Item No. 17C 15 May 25, 2004 C:\AdLib eXpress\Work\rad428CA.tmp.doc Page 121 of 147 -.. ..." ., SECTION VII DEVELOPMENT COMMITMENTS 7.1 ENVIRONMENTAL STANDARDS The purpose of this Section is to set forth the environmental commitments of the project developer. A. Vegetative Preserve Areas depicted on the PUD Master Plan are permitted for open space (i.e., lakes and golf courses) and passive recreational uses only. Vegetated preserve areas may be reconfigured provided all other applicable requirements of this Ordinance arc met. All preservation areas shall be designated as Preservation Tracts or easements on all construction plans and shall be recorded with protective covenants per or similar to Section 704.06 of the Florida Statutes. Any perimeter berm or wall shall be entirely outside of all upland and wetland preserve areas. B. All approved agency (South Florida Water Management District [SFWMD }, United States Army Corps of Engineers [ACOE], FWC) permits shall be submitted prior to final site plan/construction plan approval. C. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 of the Collier County LDC. For this PUD, a minimum of 4.6 acres of native vegetation shall be retained on site at the time of site development plan approval. D. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the Preservation Area, shall be submitted to the Environmental Review Staff for review and approval prior to final site plan/construction approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above-mentioned plan. E. This PUD shall comply with the guidelines and recommendations of the USFWS and the FWC regarding potential impacts to protected wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Environmental Review Staff for review and approval prior to final site plan/construction approval. F. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals to which said regulations relate. 7.2 TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the project development. Agenda Item No. 17C May 25, 2004 16 Page 122 of 147 C :\AdLib eX press\ W orklrad428CA .llIIP.doc --. A. All traffic control devises, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Unifonn Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the collier County Land Development Code (LDC). B. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. C. Adjacent developments have been designed to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assignees, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. 7.3 UTll..ITY REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the ,,,-., project developer. A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 2001-57, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off- site sewer facilities are available to serve the project. C. Sidewalks shall be provided in accordance with the requirement of LDC Section 3.3.7.1.9.13. 7.4 ENGINEERING REQUIREMENTS A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted .- plans, is granted by the Development Services Department. B. A copy of the SFWMD Surface Water Management Permi~dta dteaiJvbl:bb~ ~ Development Services staff prior to any construction drawing appr<Nib'.25, 2004 17 age 123 of 147 C:\AdLib eXpress\Woric\rad428CA.lmp.doc --,-", C. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the right-of-way and tracts shown on the PUD Master Plan. D. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County Ordinances or Codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to preliminary subdivision plat, site development plan and any other applications that will result in the issuance of a final development order. 7.5 WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the project developer. A. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. B. Landscaping may be placed within the water management area in accordance with the criteria established within Section 2.4.7.3 of the LDC. C. The wet season water table elevation shall be established at the time of South Florida Water Management District (SFWMD) permitting, which is required for the subject property. D. A surface water management permit must be obtained from the SFWMD prior to any subdivision or site plan approval. 7.6 WORK FORCE HOUSING The purpose of this Section is to set forth the commitments for work force housing, which are further set forth in the Mfordable Housing Density Bonus Agreement. Should the number of work force housing units be less than 303 dwelling units, the percentage of affordable housing units to be provided will be the same percentage of low income, very low income, and very-very low income, as set forth in the Mfordable Housing Density Bonus Agreement. 7.7 PARKS Within 120 days of notification by the Parks and Recreation Department Director, the developer shall install a pedestrian connection to the North Naples Regional Park. Agenda Item No. 17C May 25, 2004 18 Page 124 of 147 C:\AdLib eXpress\Work\rad428CA.tmp.doc _. AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of , 2004. by and between Benderson 85-1 Trust, WR-'. Associates, Ltd, RB-3 Associates, and/or their successors (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the .Parties." RECITALS: A. The Developer is the owner of a tract of real property described as (See attached Leaal Descriotion) in Collier County, Florida (The .Property") The legal and equitable owners include Benderson 85-1 Trust, WR-I Associates. Ltd., and RB-3 Associates. It is the Developer's intent to construct a maximum of up to 303 residential units (the "Units") at a density of 15 units per gross acre on the Property. The gross acreage of Property is 20.23 acres. The number of affordable Units constructed by Developer shall be up to 303, representing 100 percent of the total number of residential Units in the development. However, the developer in accordance with - Section 7.6 of the Bosley PUD Ordinance may construct a lesser number of dwelling units provided the same percentage of low income, very low income, and very-very low income housing units are developed. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 93-89, ~ 3, as Land Development Code (LDC) ~ 2.7.7., which density bonus can only be granted by the Commission and utilized by the developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 162 bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement and the Developer covenants and agrees to use the affordable units only as rental property. NOW, THEREFORE, in consideration of the approval and granting of the density bonus of 8.0 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission .,,-. hereby covenant and agree as follows: Agenda Item No. 17C May 25, 2004 Page 1 of 1 Page 125 of 147 C:\AdLib eXpresslWorklnid 1 B682.lmp.doc "~.."._-~ - 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees that it shall construct up to 303 affordable Units which Units shall be rented in accordance with the terms and conditions of this Agreement and as specified by the attached Appendix A, Exhibits A, B, and G, which Appendix is incorporated by reference herein and constitutes a part of this Agreement. a. The following provisions shall be applicable to the affordable Units: (1 ) Defined terms: In the event of a conflict between terms as defined in the LDG or in Ordinance No. 90-89, Section 4, the definitions of the LDG will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDG ~ 2.7.7.4.5., "Phasing" shall mean (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Base Rent. The monthly base rent for the affordable Units shall be in accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly rent may be increased each year from the date of this Agreement as long as the rent does not exceed one-twelfth (1/12) of 30 percent of an amount which represents 50 percent (for very low income), and 60 percent (for low income) of the then applicable median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development for the area defined as the Naples Metropolitan Statistical Area (MSA). The foregoing notwithstanding, any rent charged for an affordable housing unit rented to a low income or very low income family shall not exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or similar development. (3) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit G, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceasfs to Agenda tern No. 17C Page 2 of 23 May 25, 2004 C:\AdLib eXpress\Work\rad1 B682.1mp.doc Page 126 of 147 .- publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (4) Eligibility and Qualification of Tenant. Family income eligibility is a three-step process: 1) submittal of an application by a prospective tenant; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (low or very low income) in accordance with this Section. The Developer shall be responsible for qualifying tenants by accepting applications from tenants, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Housing and Urban Improvement Director. Qualification by the Developer of any tenant as an eligible tenant family shall be subject to review and approval in accordance with the monitoring and enforcement program created and adopted by Resolution of the Commission in LDC ~~ 2.7.7.5. and 2.7.7.6., respectively. - (a) Application. A potential tenant shall apply to the developer, owner, manager, or agent to qualify as a low or very low income family for the purpose of renting and occupying an affordable housing rental unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Housing Unit shall be provided by the Housing and Urban Improvement Director as shown in Appendix 8, Exhibit A, attached to this Agreement and incorporated by reference herein. (b~ncome Verification and Certification. No affordable housing Unit in the development shall be rented to a tenant whose household income has not been verified and certified in accordance with this Agreement and Ordinance No. 90-89, as amended, as a low or very low income family. Tenant income verification and certification shall be repeated annually to assure continued eligibility. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, if attached to the Affordable Housing Applicant Income .- Verification form, which includes a statement to release information, tenant verification of the return, and a signature block with the date of application. The verificationcfch,1I be Agen a tern No. 17C Page 3 of 23 May 25, 2004 C:\AdLib eXpresslWorklrad1 B682.tmp.doc Page 127 of 147 ....~-,- .- _0._._'.__ valid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Pteliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require than an income certification form be executed by the potential tenant (including the entire household) prior to rental and occupancy of the affordable housing unit by the tenant. Income certification shall assure that the potential occupant has a low or very low household income which qualifies the potential occupant as an eligible family to rent and occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit C, attached to this Agreement and incorporated by reference herein. (e) Rental Agreement. At a minimum, the rental agreement shall include the following: (i) name, address, and telephone number of the head of household and all other occupants; (ii) a description of the unit to be rented; (iii) the term of the lease; (iv) the rental amount; (v) the use of the premises; (vi) monitoring and enforcement provisions, including disqualification of tenant; and (vii) the rights and obligations of the parties. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and Ordinance No.90-89, as amended, may be conducted by the Housing and Urban Improvement Director. (5) Disqualification of Tenant. In the event that tenant qualification is not subsequently confirmed by the Housing and Urban Improvement Director or his designee, then such tenant shall be required to vacate the affordable unit. If tenant vacation of the affordable unit is the result of an error, omission or misrepresentation made by Developer, tenant shall vacate the affordable unit within thirty (30) days and Developer shall pay penalties as provided by the monitoring and enforcement program. Agenda Item No. 17C Page 4 0' "3 May 25, 2004 C :\AdLib eXpress\Worl<\rad 1 B682.tmp.dr:- Page 128 of 147 .- If tenant vacation of the affordable unit is the result of a misrepresentation made by the tenant, tenant shall vacate the affordable unit within 15 days and shall pay penalties as provided by the monitoring and enforcement program. Such eventuality shall be expressly detailed in the lease agreement between Developer and tenant. (6) Annual Progress and Monitoring Report. The Developer shall provide the Housing and Urban Improvement Director an annual progress and monitoring report regarding the delivery of affordable housing rental units throughout the period of their construction, rental and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with Ordinance No. 90-89 or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Housing and Urban Improvement Director. Failure to complete and submit the monitoring report to the Housing and Urban Improvement Director within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted .- in a single year. (7) Occupancy Restrictions. No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 7 units per acre, and is therefore granted a density bonus of 8 density bonus units per acre, for a total (total = density bonus units per acre X gross acreage) of 162 density bonus units, pursuant to Collier County Affordable Housing Density Bonus Ordinance No. 90-89. The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of up to 303 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Housing and Urban Improvement Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions ,,~, which are applicable to the affordable Unit. 5. Violations and Enforcement Agenda Item No. 17C Page 5 of 23 May 25, 2004 C:\AdLib eXpresslWorklrad1 B682.tmp.doc Page 129 of 147 --, .---. .-...- a. Violations. It shall be a violation of this Agreement and the Collier County Affordable Housing Density Bonus Ordinance to rent, sell or occupy, or attempt to rent, sell or occupy, an affordable housing rental unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the HOllsing and Urban Improvement Director or by any other persons pursuant to the authority which is delegated to them by the Ordi nance. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a violation of this Agreement that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the Housing and Urban Improvement Director by certified return,receipt requested U.S. Mail, or hand-delivery to the person or developer in violation of the Ordinance. The Notice of Violation shall be in writing, shall be signed and dated by the Housing and Urban Improvement Director or such other County personnel as may be authorized by the Board of County Commissioners, shall specify the violation or violation, Section of this Agreement or of Ordinance No. 90-89 or subsequent amendments thereto violated, name of the Housing and Urban Development Director, and date and time when the violator shall appear before the Code Enforcement Board. c. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or with Ordinance No. 90-89, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with Ordinance No. 90-89, as amended. 6. Assignment by Commission. The Director of the Collier County Department of Financial Administration and Housing may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer ~I or Part ?f its gen a tern No. 17C Page 6 of 23 May 25,2004 C:\AclLib eXpress\Worklrad1 B6B2.lmp.doc Page 130 of 147 - duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Director of the Collier County Department of Financial Administration and Housing, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Director of the Collier County Department of Financial Administration and Housing as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the parties at the following addresses: To the Commission:Housing & Urban Improvement Dept. 2800 N. Horseshoe Drive Naples, Florida 34104 _. To the Developer: Benderson 85-1 Trust RB-3 Associates WR-I Associates, Ltd. 8441 Cooper Creek Boulevard University Park, Florida 34201 Any party may change the address to which notices are to be sent by notifying the other party of such new address in the manner set forth above. 9. Authority to Monitor. The parties hereto acknowledge that the Director of Collier County Housing and Urban Improvement or his designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder .- shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then havin~~A~'l!t3lteWh No. 17C Page 7 of 23 May 25, 2004 C:\AdLib eXpresslWorklrad1 B682.tmp.doc Page 131 of 147 interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recording. This Agre'3ment shall be recorded at Developer's expense in the official records of Collier County, Florida. 13. Entire Agreement. The parties hereto agree that this Agreement constitutes the entire Agreement between the parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the type of affordable housing rental unit (low or very low income) designated in accordance with this Agreement for at least fifteen (15) years from the date of issuance of a Certificate of Occupancy for such unit. After fifteen (15) years this Agreement may terminate upon a date mutually agreed upon by the parties and stated in writing. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any tenant or potential tenant because of said tenants race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, rents, sells or maintains the affordable housing unit, it must advertise, rent, sell, and maintain the same in a non, discriminatory manner and shall make available any relevant information to any person who is interested in renting or purchasing such affordable housing unit. c. The Developer agrees to be responsible for payment of any real estate commissions and fees assessed in the rental or purchase of affordable units. e. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where conAtruction tnkes genda tern No. 17C Page 8 of 23 May 25, 2004 C:\AdLib eXpresslWork\rad1 B682.tmp.doc Page 132 of 147 .- place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate units and the affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 100 percent affordable housing units for this project, with 100 percent of the units in each phase as built consisting of affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential tenant, buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. -. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from development agreements as defined by Chapter 163.3220, Fla. Stat. (1989) and as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Director the Developer Application for Affordable housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and ,,_. agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to J...ny document genda Item No. 17C Page 9 of 23 May 25, 2004 C:\AdLib eXpress\Work\rad1 B682.tmp.doc Page 133 of 147 _..~-- _.._~ "-"_._., -_....".~.__._-- requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. Agenda Item No. 17C Page 10 '23 May 25, 2004 C:\AdLib eXpress\Work\rad1 B682.tmp.d c Page 134 of 147 _. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney DEVELOPER: Benderson 85-1 Trust, RB-3 Associates, and WR-I Associates, Ltd. By: .- Witnesses: (PRINT AND SIGN NAMES BELOW) STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by WITNESS my hand and official seal this day of , 2003. Notary Public My Commission Expires: - Agenda Item No. 17C Page 11 of 23 May 25, 2004 C:\AdLib eXpress\Work\rad1 B682.tmp.doc Page 135 of 147 -. -.. ~ _~_o " ,-- - APPENDIX A. EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITSfMONTHL Y BASE RENTS NUMBER OF UNITS BASE RENT Singlc Multi Singlc Multi Family F ami! y Family Family LOW INCOME (60% MI) Efficiency - - - 1 Bedroom - - - Max Rent Utility Allow. Net Rent 2 Bedroom - ~ ($942.00 ' $82.00 = $860.(0) 3 Bedroom - ~ ($1089.00 ' $119.00 = $970.(0) . 4 Bcdroom - - - TOTAL - -.ill..- VERY LOW INCOME (50% MI) Efficiency - - I Bedroom 2 Bedroom - ~ ($785.00 ' $82.00 = $703.(0) 3 Bedroom -12- ($907.00 ' $119.00 = $788.(0) 4 Bedroom TOTAL -1lL VERY-VERY LOW INCOME (40% MI) Efficiency - - 1 Bedroom - - 2 Bedroom - 10 3 Bedroom -L ($628.00 ' $82.00 = $546.(0) 4 Bedroom ($726.00 - $119.00 = $607.(0) TOTAL 15 (1) Base residential density allowed in this development 7 units/acre. (2) Gross acreage 20.23. (3) Maximum number of affordable housing density bonus units allowcd in this development pursuant to Section 7 Ordinance 90,89. 162 units/acres. (4) Gross residential density of this development (including affordable housing density bonus units) 15 units/acrc. (5) Percentage of affordable units pledged by the dcveloper (as a percent of the total number units in the development) 100 o/c. Agenda Item No. 17C Page 12 of 23 May 25, 2004 C:\AdLib eXpress\Work\rad1 B6B2.tmp.doc Page 136 of 147 ...--. APPENDIX A. EXHmIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Section 7, Ordinance No. 90-89, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B arc instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner,occupied or rental, single-family or multi-family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choosc the household income level (moderate, low, or very low) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as shown in Table A. Then, refening again to Table A, choose the number of bedrooms proposed for the affordable housing unites). An affordablc housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Tablc A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this .- determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1I1Oth of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B, the affordable housing density bonus for each type of unit shall be added to those for the other type(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling units per gross acre. .- Agenda Item No. 17C Page 13 0123 May 25, 2004 C:\AdLib eXpress\Work\rad1 8682 tmp.doc Page 137 of 147 ..- APPENDIX A, EXHmIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary . TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL NUMBER OF BEDROOMS/UNIT OF HOUSEHOLD INCOME EFFICIENCY 2 30R AND 1 - MORE MODERATE (OWNER,OCCUPIED, 0 1* 1* SINGLE,FAMIL Y) LOW (OWNER-OCCUPIED OR RENTAL 2 3 4 SINGLE,FAMILY OR MULTI, FAMILY) VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE,FAMILY OR MULTI,FAMILY) 3 4 5 *For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS DENSITY BONUS RATING 10% 20% 30% 40% 1 0 0 1 2 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 Density Bonus: 3:3 for 69 two-bedroom units 4:2 for 68 three-bedroom units, 4:8 for 86 very low two-bedroom units, and 5:6 for 80 three-bedroom units. Total bonus density of 17.9 equates to a density bonus of 8 dwelling units per acre. Agenda Item No. 17C Page 1~ 0123 May 25, 2004 C:IAdLib eXpresslWorklradl B682.tmp.doc Page 138 of 147 -, APPENDIX A. EXHffiIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners, Decembcr 16, 1992, modcrate incomc is 61 % to 80% of thc median incomc, low incomc is 51 % to 60% of the median income and very low income is less than 50% of the median income. MEDIAN INCOME ZOO! $65,000 Naples, MSA (Collier County) NUMBER OF MEMBERS IN F AMIL Y ! 1 J ~ ~ ~ 1 ~ 100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800 80% 36,400 41,600 46,800 52,000 56,150 60,300 64,500 68,650 60% 27,300 31,200 35,100 39,000 42,100 45,200 48,400 51,500 50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900 35% 15,925 18,200 20,475 22,750 24,570 26,390 28,210 30,030 25% 11,375 13,000 14,625 16,250 17,550 18,850 20,150 21,450 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Inccntivc Loan (SAIL) and thc Low-Income Rcnta1 Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the .- County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME ONE BEDROOM TWO BEDROOM THREE BEDROOM FOUR BEDROOM UNIT UNIT UNIT UNIT 100% 1,218 1,462 1,690 1,884 80% 975 1,170 1,351 1 ,507 60% 731 877 1,014 1,131 50% 609 731 845 942 35% 426 511 591 659 25% 304 365 422 471 UTILITY ALLOWANCES ONE BIR TWOBIR THREEBIR FOUR BIR LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. - fldensitybonuslinc&rent rev. 410 1 Agenda Item No. 17C Page 150123 May 25, 2004 C:\AdLib eXpress\Work\rad1 B682.tmp.doc Page 139 of 147 _0,-- ~_..,,--,._,. ,._...'"._~- APPENDIX B. EXIllBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desircd: Datc of Application: AmI. Of Sec. Deposit:_ Your Name: RacelNational Origin: Handicap: Yes _ No_ Co-Tenant Name RacelNational Origin: Handicap: Ycs _ No_ Present Address: S tree t City State Zip Telephone No. Name of Landlord How Long at this Address: Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $_ Weekly $_ Every 2 Weeks $ Monthly $ Social Security Number Birth Date _n Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title CO- TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $_ Weekly $_ Every 2 Weeks $ Monthly $ Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer _ __ Job Title Agenda Item No. 17C Page 16 ..' 23 May 25, 2004 C:\AdLib eXpresslWorklrad1 B682.tmp.dc- Page 140 of 147 - NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE SOCIAL SEl-"'URITY 1. -- 2. -- 3. -- PERSONAL REFERENCES (Not Relatives) 1. Name: Address: How Long Known: 2. Name: Address: How Long Known: "-,, .- Agenda Item No. 17C Page 17 of 23 May 25, 2004 C:\AdLib eXpresslWorklrad1 B682.tmp.doc Page 141 of 147 ""_0-'." ....~."._ -,. ._"- APPENDIX B. EXlllBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Co-Tenant's Name: : Social Security Number Present Address: Street City State Zip Telephone No. I hereby make application for an apartment at Apartments. I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to detern'1ine my qualification to rcntlbuy an affordablc housing unit. I undcrstand that I am not required to surrcnder my ownership or rights or claimed property, pensions or capital gains, etc. AppliCBnt Co- Tenant Amount Frequcncy Amount Frequency Received of Pay Received of Pay Wagcs/Salary $ $ $- $ Bonuses $ $ $- $ Tips $ $ $- $ Commissions $ $ $- $ Interest Incomc S $ $- $ Trust Fund Income $ $ $- $ Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $ $ $- $ Food Stamps $ $- $- $ Social Security $ $ $- $ Social Security Disability $ $ $- $ Supplemental SSI $ $ $- $ Family Assistancc $ $ $- $ Child Support $ $ $- $ Veterans Benefits $ $ $- $ Widows Benefits $ $ $- $ Union Pension $ $ $- $ Self-Employment Business, Silent Partner, etc. $ $- $- $ Private Insurance Pension $ $ $- $ TOTAL ANNUAL INCOME $ $ THE VERlFICA nON HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUpy THE AFFORDABLE UNIT. THE SAME MUST BE EXECUlED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT. Agenda Item No. 17C Page 18 of 23 May 25,2004 C:\AdLib eXpresslWork\rad1 B682.tmp.doc Page 142 of 147 .- APPENDIX B. EXmBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION APPLICANT: Present Employer. Job Title: Address: Street City State Zip I, , hereby authorize the release of information requested (Applicant) on this verification form. Signature of Applicant STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Witness my hand and official seal this day of ,2001. Notary Public My Commission Expires: - EMPLOYER VERIFICA nON Applicant's Gross Annuallncome or Rate or Pay: $ Number of Hours Worked (WeekJy):_. Frcquency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ $ Monthly Annually Supervisor STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Witness my hand and official seal this day of , 200 1. Notary Public My Commission Expires: TIrE VERIFICATION HERE REQUESTED MAY TAKE TIrE FORM OF TIrE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS Fll...ED AND WILL OCcupy THE - AFFORDABLE UNIT. Agenda Item No. 17C Page 19 of 23 May 25, 2004 C:\AdLib eXpress\Work\rad1 B682.tmp.doc Page 143 of 147 ,- "'..--.--- APPENDIX C DEVELOPER APPLlCA nON FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to the requirements of the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, Section 6.4, please complete this form and submit it with any accompanying documentation to the Development Services Director, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Housing and Urban Improvement Director. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; 20.23 acres of PUD zoning is proposed on now agricultural zoned properly 2. Has an application for rezoning becn requcsted in conjunction with the affordable housing Density bonus? XX Ycs No If yes, state date of application July/2003 and if the request has been approved, state the Ordinance numbcr 3. Gross density of the proposed development. IS units/acre. Gross acreage of thc proposed developmcnt. 20.23 acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit dcvelopment (PUD)? _XX_ Ycs No. If yes, please state name and location of the PUD and any other identifying information. The Bosley PUD is proposed for a multi-family affordable housing proiect located south of Immokalee Road and west of 1-75. Section 30, Range 26 East and Township 48 South. 5. Name of applicant Benderson 85-1 Trust, RB-3 Associates, and WR-I Associates. Ltd. Name ofland developer if not the same as Applicant: Benderson 85-1 Trust, RB-3 Associates, and WR-I Associates, Ltd. Agenda Item No. 17C Page 20 of 23 May 25,2004 C:\AdLib eXpresslWorklrad1 B682.tmp.doc Page 144 of 147 ...- 6. Pleasc complete the following tables as they apply to the proposed development. TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency One Bedroom Two Bedroom 155 Three Bedroom 148 Other Bedroom TOTAL 303 TABLE n Number of Affordable Housing Units Total Number of Proposed Use for Affordable Units Dcnsity Bonus Units in Developmcnt Owner Owner Rental Occupied Rental Occuoied ,.-. MODERATE INCOME (80% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME (60% MI) Efficiency I Bedroom - 2 Bedroom 69 3 Bedroom 68 Other TOTAL 137 - _. Agenda Item No. 17C Page 21 0123 May 25, 2004 C:\AdLib eXpresslWorklrad1 B682.tmp.doc Page 145 of 147 -..-.--....--..""-. -~-~ Total Number of Proposcd Use for Affordable Units Density Bonus in Development Units Rental Owner Rental Owner Occupied Occupied VERY LOW INCOME (50% MI) Efficiency I Bedroom 2 Bedroom 76 3 Bedroom 75 Other TOTAL .-flL. Total Number of Proposed Use for Affordable Units Density Bonus in Development Units Rental Owner Rental Owner Occupied Occupied VERY-VERY LOW INCOME (40% MI) Efficiency 1 Bedroom 2 Bedroom 10 3 Bedroom 5 Other TOTAL -1L 7. Please provide a physical description of the affordable units by type of unit (moderate, low, very low income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages. (See attachment.) 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages. Agenda Item No. 17C Page 22 23 May 25. 2004 C:\AdLib eXpresslWorklrad1 B682.tmp.do Page 146 of 147 .- Summer Lakes Apartment Phase II and III The proposed development will incorporate a variety of design features and physical amenities that will ensure that the residents will be provided a safe, comfortable and energy efficient living environment. The design featurcs and physical amenities will contributc to an enhanced and improved quality of life for all those who choose to call Summer Lakes their home. In addition, the community will meet all building codes, Fair Housing Act and Americans with Disabilities Act Requirements. The proposed development will consist of a newly constructed apartment community. The development will consist of up to 303 apartment homes constructed in eithcr one or two phases on approximately 20 acres. The property location is at the southwest corncr of thc intersection of Immokalee Road and 1-75 in Napes, FL. The buildings will be a maximum height of four stories or 45 feet garden style. One building will house the clubhouse, which will include our management office, resident service coordinator, rcsident activities, and community services. with recreational amenities and a pool. Project amenities will include a custom designed outdoor pool, volleyball court, tot lot/playground, gazebo/picnic area, exercise room with appropriate equipment, computer room, adequate parking and attractive landscaping. Unit amenities will include wall-to-wall carpct, mini blinds, cciling fans in all living and bedroom areas, full size range, dishwasher, refrigerator, garbage disposal, cable TV hookup and central air. The apartments will also have adequate space and hook-ups for full size washer and dryers. The apartment homes are spacious as the two bedrooms are approximately 1,073 square feet and the three bedrooms are approximately 1,250 square feet. All units will have two full baths. It is anticipated that the community will offer several social services at no charge to the resident. .- .- Agenda Item No. 17C Page 23 of 23 May 25, 2004 C:\AdLib eXpresslWorklradl B682.tmp.doc Page 147 of 147 - EXECUTIVE SUMMARY CU-2003-AR-4249, Mark Perry, representing Kenmark Construction, Inc. requests Conditional Use # 9 of the Estates Zoning District for the purpose of a model home sales center. The property to be considered for the Conditional Use is located at 1010 39th Street S.W. being located just east of Collier Boulevard approximately 1,300 feet south of the White Boulevard and 39th Street S.W intersection, which is Unit 27 North, North 180 feet of Tract 153, Golden Gate Estates, in Section 14, Township 49 South, Range 26 East, Collier County, Florida. This property consists of 2.85 acres. OBJECTIVE: Staff is requesting that the Board of Zoning Appeals review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced Conditional Use petition and render a decision regarding the petition to be consistent with the Growth Management Plan, compatible with the Land Development Code, and in the best interest of the surrounding community. /- CONSIDERATIONS: The petitioner seeks Conditional Use # 9 of the Estates (E) zoning district for a model home sales center for an additional 5 years. A temporary use permit was issued to Kenmark Construction, Inc. in 1999 for a model home for a two-year period. The "Certificate of Occupancy" was issued on June 30, 2000. The Temporary Use Permit for the model home expired on June 30, 2002. This Temporary Use Permit was administratively given an additional year by the County to bring this Temporary Use Permit into compliance with an amendment in the Land Development Code which limited Temporary Use Permits to a three-year period. The petitioner submitted this application for a Conditional Use on June 6, 2003. The petitioner now seeks a Conditional Use for a model home and sales center for a period of five years. As depicted on the site plan, the subject property is mostly wooded, while the access to the model home and parking area is from 39th S1. S.W. FISCAL IMPACT: The county collected the impact fees at the time the building permit (#99090153) was applied for. No additional impact fees will be due. - .- Agenda Item No. 17D Page 1 of 2 May 25, 2004 Page 1 of 29 ~'.."''''''''~~.''''.'''~'''-~',,,,,,,,,",-- ,-.,.,.-... "_..~.,--"---.._~"''''-_..~, , ."..~. ...".~,."",,,..,.~,,,_...._,.,,....,,IO" """'-"~""""""'<<'__."''''''''''''.N'' ".",...,..,..,.....,..,...,~.'-"''' '_'"'0-"___ GROWTH MANAGEMENT IMPACT: Approval of this Conditional Use will not affect or change the requirements of the Growth Management Plan. The petitioner's request is consistent with the intent of the Locational Criteria for a Conditional Use of Model Home Sales Centers in the Estates-Mixed Use District of the Golden Gate Area Master Plan (GGAMP). ENVIRONMENTAL ISSUES: The environmental staff s analysis indicates that the subject property consists of no significant environmental conditions. There are no environmental issues associated with the project. HISTORICI ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no surveyor waiver of Historic and Archaeological Survey & Assessment is required. ~,......" ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council did not review this petition based upon the fact that this property will not be developing any further than what had been previously approved. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the May 6, 2004, CCPe meeting. The Commission motioned to forward petition CU-2003-AR-4249 with a recommendation of approval, subject to the conditions attached to the resolution, which included limiting the conditional use to 2 years from the approval date of this application by the Board of County Commissioners. The purpose of this recommendation is to allow time for the staff to review the intent of "Temporary Uses and Model Homes" in the GGAMP. The motion passed 7 - O. Because the CCPC has recommended a unanimous approval, and no letters, petitions, or persons have voiced their opposition with this petition, this petition has been placed on the Summary Agenda. DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW RECOMMENDATION: Staff has recommended approval subject to the conditions attached to the Resolution. >H..... Executive summary/CU-2003-AR-4249 Agenda Item No. 170 Page 2 of 2 May 25, 2004 Page 2 of 29 .'W_"'"_.'~''~''' ~""""""",.._..L___ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number 17D Item Summary This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2003-AR-4249, Mark Perry, representing Kenmark Construction, Inc. requests Conditional Use # 9 of the Estates Zoning District for the purpose of a model home sales center. The property to be considered for the Conditional Use is located at 1010 39th Street S.W. being located just east of Collier Boulevard approximately 1,300 feet south of the White Boulevard and 39th Street S.W intersection, which is Unit 27 North, North 180 feet of Tract 153. Golden Gate Estates, in Section 14, Township 49 SOUlll. Range 26 East, Collier County, Florida. This property consists of 2.85 acres. Meeting Date 5125/20049:00:00 AM Prepared By Michael J. DeRunlz Principal Planner Community Development & Zoning & Land Development Review Environmental Services Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5112i2004 4:28 PM Apprond By .- Michael J. DeRunlz Principal Planner Date Community Development & Zoning & Land Development Review Environmental Services 5/12i200410:14 AM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Zoning & Land Development Review 5/13/2004 10:43 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. S/1312004 3:32 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/14/20049:19 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/17/20042:44 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 5/17/2004 5:59 PM ,- Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/18120046:08 PM ~genaa nem No. I (D May 25, 2004 Page 3 of 29 H._ .~ -_._. ... -_..- , .- \...AJJ..I. ,eT \...AJUnty AUcNiJA HhM IS-A - '-~ ~ ST AFF REPORT COLI,IER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES, DEPARTMENT OF ZONING AND LAND DEVELOPMENT REV1EW DATE: APRIL 1 ~" 2004 SUBJECT: PETITION CU-2oo3-AR-4249 PROPERTY OWNER/AGENT: OWNER: Kenmark Construction, Inc. 1700 Santa Barbara Blvd. Naples, FL 34116 i AGENT: Mark Perry : Kenmark Construction, Inc. 1700 Santa Barbara Blvd. Naples, FL 34116 REQUESTED ACTION:. To have the Collier County Planning Commission consider an application for Con:litional Use a.pproval in order to contillue the operation ofa model home in accordance with the requirements of Section 2.2.3.3.9 ofthf Collier County Land Development Code (LDC). GEOGRAPmC LOCATION: The subject property is lccated on 39th Street S.W., just east of Collier Boulevard approximately 1,300 feet south of the White Boulevard and 39th Street S.W intersection. It is further described as Unit 27 North, North 180 feet of Tract 153, Golden Gate Estates, in Section 14, Township 49 South, Range 26 East, Collier County, Florida (See Location Map, Exhibit 1). Thl~ address of this property is 1010 39th 5t. S.W. Agenda Item No. 170 CU-2003-AR~249 ccpe MTG. 516104 page~Y 25,2004 age 4 of 29 - - f- S ::I: ~ . . . ~ 'l5 -- ~ .. . . - . t.Ll N .. .. .. . .. ... f - . (l. , .... I - . . . 1-.:.- . - - I -- --- --- --- . - - . - . . - -. -. ... -, I - .. . . - - . - - .. .. =- I -< J .. . . .. . I ~ . . - -:.- --- --.- ....: .... ..... rr:v.a --- -. -- -. -- .. .. . .. - Z - -- ..- n- .,TEl 0 ...--... ../ . . .. .. ...... lOCATION - - i .. I .. . - . Eo- -- . ... -... --- -< -- -..-- .. - . - .. .. ~ 'I -. -- . U - ~- - , .. 0 e; --- --- ..J ~ .. U . . .. .. .. . . .. --- u'" ! un . - - .. I .. - .. .. - .. I ..I .. . ~j. I .. .. , .- I .. ,. I I ~ I I I I I ~ I .. .. .. .. .. .. .. .. .. .. .. ... . I .. I .. .. .. .. . ~ . .. .. ... j .,. .. I'." .. - 1 .. .. . LOCA TION MAP SITE MAP ~ PETITION 'CII. 200~. ,,~. 424~ ::. u Agenda Item No. 170 May 25, 2004 Page 5 of 29 .- ._-,~ _O.~._' -.. PURPOSE/DESCRlPTlON OF PROJECT: Kenmark ConstrUction, IIlC. owns the subject 2.85-acre site, which is comprised of a nodel home and sales center with a ~;mall graveled parking area. A Temporary Use Permit was issued to Kenmark ConstrUction, Inc. for use of the existing structure as a model home in 1999 for a period of two years. The "Certificate of Occupancy" was issued on June 30, 21)()(). The Temporary Use Permit f.)r the model home expired on June 30, 2002. This Temporary Use Permit was administrativdy given an additional year by the County to bring this Terr..porary Use Permit into compliance with an amendment in the Land Development Code which limited Temporary Use Permits jor a three-year period. The petitioner submitted this appli,:ation for a Conditional Use on June (i, 2003. The petitioner now seeks a Conditional Use for a model home and sales center for a per~od of five years. As depicted on the site plan, the subject property is mostly wooded, while the access to the model home and parking area is from 39th S':. S.W (See Site Plan, Exhibit 2). _ _ __ 39th_~I!!EET S. ~:.- " 1:'1If'III$~ --- ..",. .._.__ _____ _____.___._ - ~;":7:-:-'C.!-- -'- - - -.-" - -1<6' . --~~:------..,~-:~-=.~. . '( . .- - --- - - ~"'a .... -'.- ~~ ' I .' -:r.l'''.'''--' I .; . ..,-.... . 16'5 I f/1 " 'JR~ ....-- ~.~ . . mT ii~' If I ~,~ \ ; , ..' . _ .,t ,. l i )' ". 1. i .1. I . j [ ~ \ i i~ ~ I i.lt. ,: : i ; I < II:: I 20C'-! A~ ;11. 1 I' I ~ '!J. . :;~,. : : ~ ,~ ~~! !, 3. : .: . , ~ I ~ ~ ~J" ~ jl.~,~ "f-" '" i i ,I . "'to 'i' ; : _ .. . 'I ';;': .i.~ .~ Q 1 -'j i : ! ;~ I ~ - -- "~i I 'il I~~ I' ..l,~ '-~.., 1.1 f!; .-- l~ '" l I..J. T~;~ " ~ .. , - ; : I il:- J I 'j' iJJ--'l '.; I i.. .. .... ~ . Q' s.- .~---_. ... . ... I . ~:f;Tf;1: i I ~~J' ~:: : : : ::. I ' ;::::::::, ;j~", . ....:."".._..:~: ~ l~:~~~}~ '.J~' ?"~ ." . r' :.-' . ~':::: == C!3!'!S-.:>C.-><<."'l!:.::: ----- .~, ..~ 6e~ i !~I ~-- j~- H . ___._nA--~~li ~I :'\ . W . 2- '. -~-'" . -.. ~ ,- "" , . ~~ ! ',' ~ ,. . L -1 'J. ! " I ' . \ r.:: J I. tl I,,' .:..' '1 I I!: . . .." ,..".:.... ". ~ ! . 1':~l!:1 I 1 S; r . ~~ I - e":' '.J , ~. ~ L......::J I " ~!~ ! ~ k~i i ~ U~ I C SITE PLAN EXHffiIT 2 Agenda Item No. 170 May 25, 2004 CU.2003-AR-4249 cCPC MTG. 516104 Page 3 ~~ge 6 of 29 .- SURROUNDING LAN]!) USE & ZONING: SUBJECT PARCEL: Model Home and Sales Center, zoned "E" Estates SURROUNDING: North: single-family residence, zoned "E" Estates East: single-family residence, zoned "E" Estates South: single-family residence, zoned "E" Estates West: Southwest Florida Water Management District canal and C.R. 95 I right-of-way, zoned "E" Estates - : - WO.' - - .. - - - - - - - - . . - .. . - - - . . ",-" .. - . . . .. - - - . . . II - - - .. - . - - . .. .. AERIAL MAP EXHIBIT 3 ZONING MAP EXHIBIT 4 GROWTH MANAGEJ\i[~NT PLAN CONSISTENCY: Comprehensive Planning ~ taft' has reviewed this request and offered the following comments: The subject property is de~ignated "E" Estates on the Golden Gate Area Master Plan (GGAMP) Future Land Use Map of die Growth Management Plan. On September 10,.2003, the Board of County Conunissioners ad,)pted amendments (Ordinance No. 2003-44) to the GGAMP that included text revisions to r:flect the following: ''Temporary Use (TV) permits for model homes are not subject to the Locational Criteria for Conditional Uses and may be allowed anywhere within the Estates-Mixed Use District." (GGAMP, Sec.III.B.2.5.e) While the amended language - did not clearly reflect the [J>nner Planning Services Director's interpretation, it is Comprehensive Planning's position that Ccnditional Use's for model homes are not subject to the Conditional Use Locational Criteria, and may be located anywhere within the Estates-Mixed Use ;)istrict, Agenda Item No. 17D May 25, 2004 CU-2003-AR~249 CCPC MTG. 516104 Page It,pge 7 of 29 ".'..---,- ,-- thus are consistent with the GGAMP, albeit still by interpretation. The Comprehensive Planning staff is proposing amended language to the GGAMP to address this discrepancy. ANALYSIS: Before any Conditionallse recommendation can be offered to the Board of Zoning Appeals, the Planning Commission must make fmdings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will bl~ met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, 'his request is consistent with the Growth Management Plm, and with the conditions propos(:d by staff, this project will be in compliance with the LDC. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Adequate ingress and egress to the site will continue to be provided from 39th Street S.W. The County TranspOltation Department has scheduled the widening of Collier Boulevard (C.R. 951) to six lane:i in 2005. All of the improvements to Collier Boulevard (C.R. 951) in this area will take place entirely on the west side of the South Florida Water Management District canal. No siCewalks exist on 39th Street S.W. The Transportation Department has requested that a five-iOot wide sidewalk constructed to the County's minimum standard be placed along the entire frontage of 39th Street S.W. for this property. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economio: or odor effects. The site is well buffered between other uses and should not produce any glaJe, noise, or obnoxious odors. A dstance of approximately 64 feet separates the existing structure from the adjoining property to the south, 66 feet from property to the north, and appro:ximately 440 feet separation to the Clast. These areas have been left relatively undisturbed. To date there has been no evidence of any negative impacts to surrounding properties or any complaints from the neighbors. 4. Compatibility with alljacent properties and other property in the district. The proposed use is not incompatible with the surrounding neighborhood, wh:.ch includes other model home and sales centers to the north, south, and west .The subject property is well buffered since approximately one-half of the property is undeveloped and partially wooded. Traffic and noise impacts will not be significant. The model home and sales center is similar to a single-family residential structure and will be used as a single-family residence after expiration of the model home and sales center use. Agenda Item No. 170 May 25,2004 CU.2003-AR-4249 cCPC MTG. 516104 Page fo~~e 8 of 29 ..- NEIGHBORHOOD INFORMATION MEETING: TIle meeting was held on March 18,2004 at 5:30 P.M. at the subject site. Attended by: Applicant, Mark Perry, of Kenmark Construction, Rachelle Perry Swift, Perry Real EstatelKenmark Construction, Joe Olivera, Kenmark Construction, one neighboring property I owner, identifying himself as "Tom", and county statT: Michael DeRuntz, Project Principal Planner, and Linda Bedtel:ron, Community Planning Coordinator. LDC requirements: The aI'plicant taped the meeting and county staff facilitated the meeting. Mr. Perry presented his petiti(>!1 for the record and property owner in attendance. Mike DeRuntz gave an oVI~rview of the petition process and he and Linda Bedtelyon answered questions from applicant, Hgents and neighbor. Commitments from develc~: Mr. Perry committed to providing the additional parking code requirements, sidewalk(s) ;md stop sign at the apron on 39th Street S.W. (Transportation Dl~partment). He also statt:d ''there have been no complaints from neighbors" relative to the use of the model home as a sal~s center in the past and neighboring property owner, "Tom" stated "that he had no problem he re at all" to the proposed Conditional Use. Mr. DeRuntz explained tlu.t previously, Conditional Uses have been a permitted use in the Golden GaU: Estates area with a three-year time limitation. He also stated that the Collier County Planning Commission (CepC) is requesting an amendment to the Golden Gate Area Master Plan - (GGAMP), the Future Lanj Use Element (FLUE) and the Growth Management Plan (3MP) to specify a Conditional Use designation for model home sales centers in the Estates "E" zoning district. The CCPC has been recommending a time limitation of two years for current Conditional Use petitions for mode home sales center until the proposed amendment i~; approved. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2003-AR-424:~ to the Board of Zoning Appeals, subject to the following conditions: I. This Conditional Use 3J'proval shall expire two years from the date of adoption. Should the property owner wish t) continue the approved use beyond two years, the prop:rty owner shall reapply for anober Conditional Use or comply with applicable land de:velopment regulations at the time of expiration of this Conditional Use. 2. The Director of the Depfrtrnent of Zoning and Land Development Review may approve minor changes in the locati Jn, siting or height of buildings, structures, and iml'roven:tents authorized by this Conditional Use. Expansion of the uses identified and approved within this Conditional Use application, or major changes to the site plan submitted as :?art of this application, shall require the submittal of a new Conditional Use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Dt:velopment Review and approval, of the Collier CO'lDty Land -, Development Code (Ordinance 91-102). 3. Pursuant to Section 2.2.25.8.1 of the Land Development Code, it: d~~~~~0Hmf1~d~t9 70 May 25, 2004 CU-2003-AR-4249 cCPe MTG. 5/6104 Page 6 5i~ge 9 of 29 - ---- clearing, excavation, or other construction activity a historical or archaeological aJtifact is found, all developmert within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contlCted. 4. Pursuant to Section 26.33.4.1.2 of the Land Development Code, the model home or model sales center is not intended to allow the full scope of real estate activities and shall be I restricted primarily to the sale and marketing of the model, or products similar to the model. \ A model home shall not include offices for builders, contractors, developers, or similar activities. 5. A sidewalk shall be designed and constructed, per LDC requirements, along the entire frontage of this property on 39th Street S.W. within six months of the approval date of this request. A Right-I) f- Way permit will be required from the County Department of Transportation. . e-r- :f/~ RUNTz,~INCIPALPLANNER J\TE T OF ZONlNG AND LAND DEVELOPMENT REVIEW dlrf lor./, RAY BLOWS, CHIEI;PLANNER ~ DEPARTMENT OF ZON rNG AND LAND DEVELOPMENT REVIEW ~~~ '/L2OIoL 81JSAN MURRAY, AICP, DIRE TOR DATE' DEPARTMENT OF ZON:NG AND LAND DEVELOPMENT REVIEW . J l PHK'SCHMm.A~ISTRATOR ~;;r :::::::: ::::::::= MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION .-........ . . . ., .. III . . . III III III .. III ::::::::,::: ::::~ty ~~)mmiSSion: ,.......... ....... LV ~ - ~- b #ooy . . . . . . . . . ....~ - - v .................... ~ . .,................ .. BUDD, CHAIRMAN -U'<-L DATE ty\*'L"_ (I. C\.~V Staff report for the May 6, .!004 Collier County Planning Commission Meeting Tentatively scheduled for the May 25, 2004 Board of County Commissioners Meeting Attachments: A. Findngs of Fact B. Conc:eptual Master Plan C. Prop )sed Conditions D. Conditions of Approval Agenda Item No. 170 May 25, 2004 CU-2003-AR-4249 CCPC MTG. 516104 Page l?~e 10 of 29 , ...., ,.;M'" , J. . . . .,. . -. APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.: Date Petition Received: CU-2003-AR-4249 - - PROJECf #2003020029 Commission District: -- Planner Assigned: DATE: 6/6/03 - MIKE DERUNTZ ABOVE TO BE COMPLETED BY STAFF 1. General Informatiun .- Name of Applicant(:;) ~t1I/lJ 1J.ef:' U/J.s-l"e. ..:T/1G Applicant's Mailing Address /7dc7 S /l /J /;-1- B' Ae.6.A..e4 Blvd City AM-des- State r/ Zip 39/'/ b , Applicant'sTeleph(ne#....?J7'-3~c:?-9,?ot1 Fax # ~.59-..?VY - ~6 Y'b Applicant's E-Mail Address: - Name of Agen02~I/'e M"// Firm ,~/t' m /1 Ie 1::- eO I' r+.R.. , Agent's Mailing Address /YoO SA/J"7P. BA'~#~.4 i?/t,Jc/ City /V ..4~/e~:; State 'c1 Zip 3 ~/ / b , Agent's Telephone ~:e:J,;S9 .:3-ft!?- 9600 Fax#4.59- :59~- ?b'l" . Agent's E-Mail Address: ., Be aware that Collier County has lobbyist regulations. Guide yourself accordingly md ensure that you are in complimlce with these regulations. -- COLI,]]~R COUNTY COMM1JNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNIN<Agenda Item No. 170 May 25, 2004 Am,leA nON FOR PUBLIC HEARI'lG FOR CONDmONAL USE _ 0211212003 Page 11 of 29 --. --~ --,~ --..~ ._.~ . 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 I'HONE (941) 403-24001FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (provide additional sheets if necessary) Name orBomeow,er Association: ~ . State_'~ Mailing Address City Name of Homeownc:r Association: Mailing Address City Name of Homeoy,"!l<:r Association: Mailing Address State _ Zip Name of Master Association: .~ Mailing Address City State _Zp 1J IA. , Mailing Address City State _ Zip 2. a. If the property is owned fee simple by an INDNIDUAL, tenancy by (le entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Addre..!. P~ceDmgeofOwn~mp - Agenda ltcm-No. 170 May 25, 2004 AULICATION FQR PUBLIC HEARUIG FOR CONDITIONAL USE -0211212003 Page 12 of 29 .-..... b. If the propert)' is owned by a CORPORATION, list the officers and stocl:holders and the percentag(: of stock owned by each. Name, Address and Office ~ ,,4 Percentage of Stock .#7A/e~' m. ~e.ey ~e.s; 5o.!J.a ~/J \.7: Pe..e...e ~ 5o~ ~~~2 ;fLJ~ .e~ ';t )C.$:<=.c. . .- - e..t- li ,I , u aA ~A c I c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Addre IS Percentage of Interest - - - - d. If the propert} is in the name of a GENERAL or LIMITED P ARTNERSHlP, list the name of the gc:neral and/or limited partners. Name and Addre:;s Percentage of Ownership - - - - e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, ~~mstee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Addrc!s Percentage of Ownership ,- . Agenda Item No. 170 MaY25, 2004 APpueA TION ~OR PUBue HEAHl NG FOR eONDmONAL USE _ 0211212003 Page 13 of 29 "."-,,,- -.. -- -"~_..-~. . Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. N aIDe and Adelle is - g. Date subject property acquired () leased (): Term of lease _-YT./mos. ; If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any cbanges of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a S'lpplemental disclosure of bterest form. 3. Detailed let!:al des~ription of the propertv covered bv the application: (If space is inadequate, attach en separate page.) If request involves change to more than one zoning district, include sep.rrate legal description for property involved in each distric1. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum lit to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicmt is responsible for supplying the correct legal description. If questions arise concerning tlu: legal description, an engineer's certification or sealed sUlvey may be required. , ~i Range: ~C Section: / ~~ Township: 7~ /~!J fd G- j. [~-IPlc-s Lot:L\1 / fo Block: tC. -c}7 Subdivision: ~ 0 eJ1 J4 e Plat Book 7 p~,ge #:/7-/~ PropertyI.D.#: -:17 9 c;S.;L t:/ t:Jc70..3,' Metes & Bounds Dt:scription: - 4. Size of oropertv: / S7 0 ft. X ~ Gdft. = Total Sq. Ft./ 1~8'0(1 Acres -0/,. 7 5. Address/l!enerallo.=ation of subject oropertv: /0/<7 .3 ?rh ..57~ s W 3E & ,eN.~;'" L!. o,c /J;,~ f?,d~~ ~ qs/ rt!:Cl///ee #/vJ) . J - - Agenda Item No. 170 APPUCATION FOR PUBLIC HEAJ!ING FOR CONDmONAL USE -0211212003 May 25. 2004 Page 14 of 29 . - 6. Adjacent zonine and land use: Zoning Land use N '" S E ! w Does property owner own contiguous property to the subject property? If so, give complete legal description of lmtire contiguous property. (If space is inadequate, attach 011 separate page). Section: _ Township: Range: ~\~ Lot: Block: Subdivision: ,- Plat Book P2ge #: Property LD. #: Metes & Bounds Description: - 7. Tvpe of ConditioDal Use: This application is requesting conditional use # of the ~ district for (TYPE OF USE) ~a7'e / 4U- LD c.. --<..1,. 33.1. / /?7C1dz,/ / Present Use of the P~operty: 8. Evaluation Criterilll Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staffs recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a findmg that the granting of the conditional use will not adversely affect the public interest md that the specific requirement:; governing the individual conditional use, if any, have be;m met, and - that further, satisfa ::tory provision and arrangement have been made cont;erning the fo11o,,1og matters, where applicable. Please provide detailed response to t:ach of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). Agenda Item No. 170 AUJ,.yeA TION FOR PUBLle HEAR! NG FOR eONDmONAL USE - 0211212003 May 25, 2004 Page 15 of 29 --- -- ._.* - . . a. Describe how be project is consistent with the Collier County Land Develcpment Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element):__ Ikt ~ " 5 -tor CL rf'W"'E:.+-\n e~d 0Xl ~{~h.nr -+e lV?'''Tl. "~ II Sz ~ ~ rvu.J- ~,<",.(bee-" -I- 01 t<<l~;, ~ I Lo\'\~ '-\t;\.-L L:b.~. ~ bLeN=>-\h Y\It~~~ . b. Describe the (xisting or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and COD venience, traffic flow and control, and access in case of fire or catastrophe:___::1l)I Lu',de.. dUU{lL-~ attt'ss\~~ 'tiN- ~Jl<:> pe ~ \..0 ttn ~,,(O\,nok va ...-li." 6' ~ l ~. s..(, r e.o.~(r o..C~~esS -k V\I\()cO~ ~ ~ . c. Describe the efhct the conditional use will have on n ighboring properties in relation to noise, glare, economic impact and odor: "{ ! ~ rvtoAe ~ -k ,*,-e. 'G:\b"*,.\1(s'LlY D-C- ~ --\e.-~. U~e.. f-En~..~. .~~r ~~r~ :has ~f\n"cL\~~ 7=~r~\ f-C~D,-\- -\\::> 5H\c}~~\~ u.s.€- , d. Describe the sites and the proposed use's compati~ility wi.1l]. adjacent properties and other properties in the district: '--r\t.J.. 6l-\i.. \"::> ~ Q, 6 CL.V'r\'>- (lS o.d.Y..lt.eJr-?(LO~~.es. ' e. Please p~my additional information w . ch you may feel' relevant tc this request. : -l:> ~", ~ O-Y\ "5?.,c\&~{\O'-\-c:~~ U~.L ~ rn.0-+ . Agenda Item No. 170 May 25,2004 AUUeATIONFORPUBLleHEARNGFORCONDmONALUSE-0211212003 Page 16 of 29 ._.. u_ . . . . .- 9. Deed Restrictions~ The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain "hether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? lJ 0 \f\...c.. . II. Additional Subnrittal reauirements: In addition to this completed app:Jcation, the following must be submitted in order for your application to be deemed suffbient, unless otherwise waived during the preapplication meeting. ~. A copy of the I re-application meeting notes; 'lI'b. Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced 8Yi" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental.\dvisory Board (EAB), or CCPC]; . all existing and proposed structures and the dimensions thereof, - . provisions for existing and/or proposed ingress and egress (including p :destrian ingress and egress to the site and the structure(s) on site), . all existing and/or proposed parking and loading areas [include matrixlndicating required and provided parking and loading, including required parking for the disabled], . locations 0:: solid waste (refuse) containers and service function areas, . required yards, open space and preserve areas, . proposed kcations for utilities (as well as location of existing utility services to the site), . proposed ~uld/or existing landscaping and buffering as may be required by the County, . location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); i.. An EnvironmmtaI Impact Statement (EIS), as required by Section 3.8. of the Land Development <:;ode (IDC). - ~ . Whether or ne,t an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one ~~ft~fW rfRy.t,1~1 May 25, 2004 APPUeATION FOR PUBLle HEARING FOR CONDmONAL USE - 0211212003 Page 17 of 29 "..."" ? ._~" -- -. . I . . be submitted. Said aerial shall identify plant and/or wildlife habitau. and their boundaries. Stich identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Ie. Statement of utility provisions (with all required attachments and sketches:'; y...,. A Traffic Imp..ct Statement (TIS), unless waived at the pre-application me~ting; ~. A historical and archeological surveyor waiver application if property is located v.ithin an ana of historical or archaeological probability (as identified at pre- application mt:eting); h. ~tuJ.y additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. Agenda Item No. 170 APPl.JCATION FOR PUBLIC HEARING FOR CONDITIONAL USE-02J1212003 May 25, 2004 Page 18 of 29 -~ -..... ,- RESOLUTION NO. 04- - A RESOLUTION OF TIffi BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF CONDmONAL USE 9 IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 AND 2.6.33.4 OF THE COLLIER. COUNTY U.ND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 14, TO'WNSHIP 49 SOUTH. RANGE 26 EAST, COlLIER COUNn 0, FLORIDA. WHEREAS, the Legislalul1' of the State of Florida in O1apter 67-1246, Laws of Florida, and Chaptc:r 125, Florida. Statutes, has conferred on Collier County the power to establish, coordinate and enforce zming and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pu: 'Suant thereto has adopted a Land Development Code (Ordim:nce No. 91-.102) which includes a Comprehensive Zoning Ordinance establishing regulations for the :wning ofparticulH geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Z:>ning Appeals (Board), being the duly appointed and - constituted board fCor the area hereby UIected, has held a public hearing after notice as in said regulations made and provided, and lw considered the advisability of Conditional Use 9 of Section 22.3.3 and 2.6.33.4 of the C(O}lier County Land Development Code in an "E" Estates Zone for a model home and sales cenar on the property hereinafter described, and the Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have ~.c'n made concellling all applicable matters required by said regulations and in 9.:cordance with Subsection 2.7. t4 of the Land Development Code; and WHEREAS, all interested panic:s have been given opportunity to be heard by this Board in a pubHc meeting assembled and the llaard having considered all matters presented. NOW, THEREFORE, BE IT R3S0LVED BY the Board of Zoning Appeals ofCoIlier County, f'Iorida that: The petition, CU-2003-AR424!), filed by Marie Perry of Kenmarlc Construction, Inc., representing with respect to the property hereinafter described as: The North 180 feet of Tract 15:1, Golden Gate Estates, Unit No. 27, according to the plat thereto recorded in Plat book 7, Paglls 17 - 18, Public Records of Collier County, Florida. Is hereby approved for Conditienal Use 9 of Section 2.2.3.3.9 of the Collier County Land Devt:lopment Cede in the "E" Es".Jltes Zoning District for a model home and sales center - Agenda Item No. 170 May 25, 2004 Page 1 of2 Page 19 of 29 in accordance wich the Concepluu Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "e" which is attach.:d hereto and incorporated by reference herein. BE IT FURTIIER RESOLVED that this Resolution be recorded in the minutes of this Board. lbis Resolution adopted after motion, second and majority vote. Done this day of ,2004. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: DONNA FIAlA, CHAIRMAN A TIEST: DWIGHT E. BROCK, CLERK -- - ~'" " to Fonn on_ Le E iency: '. tJ. te Assistant County Atlc'mey CIJ-2003.AR ..U49/MDflo Agenda Item No. 170 May 25, 2004 Page 2 of2 Page 20 of 29 - - - FINDINGS-OF FACT ,BY 'COttIER C'ouNTY PI..ANf<<Nc,'COMMI8SI.()N FOt( A 'CONDITIONAL uSE PEtITlor{ ::F.()!t CU-2003':.AR-4Z49 the following facu-are-totmci: - -. -. -----r;-- ~ecuon_z:z:2_.3.3 of the Lahd. Development COde.authorizeS the eondftioiuil use. i 2. drantiligthe cOnditlot::al use Win not advetseiy'affeet "tb:e.publiclnterestand-Wili not 8dver~~Y affeCt other propetty'()ruses in the. saine distmt.ot neighbOrhood becau;e' of: A. Consistenc} with the Land Development Code-and'Gtowth Management Plan: Yes No /' - - - B. Ingress and egress to property and prqposed.strUctures thereon with pErticulat Iefer.ence tc. aut<>IAoti;ve .~d pedestrian ~ety-~dconyenie~ce, traffic flo.w and control; anc.access.in~e of ~ or-C8~~phe; e'~' Adequate.~ & egress' YeS /No-, - . C. M:f~ts nei~hborin$ prop.ertles.in relatIon"tO n61se. glare,.eeoiloriiic or.xlor effects;' ~~NQ aff~~r. _ Affect mitIgated by_ ~ Mfect~t:'b-emi~ated. D. Compatibili,y with adjacent ~ro.J)erties and oth~PWperty'io the district: COlD:patible use wi~ distri~t YeS V"'No - ~ ~ '00. the above finding::, this conditional use should, with sqpuIations, (copy attac:hed) (should not) be recommendlxi :for'aj)provsl . - DArE~ ~..." .0 i _ J\k-~;~ad. #.Jk.- e.t EXIDBITtlA" AeriN'~ge~m~170 -, . May 25, 2004 Page 21 of 29 ------ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4249 1be following facts are found: 1. Section 2.2.2.3.3 of the Land Development Code authorized the conditional use. 2. Granting the conditior:al use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: i Yes t/ No - B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and ac :ess in case of fire or catastrophe: Adequate ingrc:ss & egress Yes ~ No - C. Affects neighbJring properties in relation to noise, glare, economic or odc,r e~ffects: ~ No affec tor _ Affect mitigated by __ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use: within district Yes ~o - Based on the above findings, this conditional use should, with stipulations, (copy attBched) (should not) be recommenied for approval . DATE: 6/ ( J D'-t _ MEMB~~ l.J ND~ ADl; Lst/:..l""l. Agenda Item No. 170 May 25, 2004 Page 22 of 29 ,_,,,,,,,,,,,,,"."""___''''.''h'' h>~_"'__,,",;_,,-,. _ ,._w_,___,_.._~.._."." .. ------- . . - . Fn'f,D~GOT~cr :BY CO[iLIERCO,UNTY'PLANNING'COMMISSION FOR A,cblmmoriAL'TJSEPETITION FOR CU.;2003-AR..4249 The foUowiJ1g ~ are f(lund:.: - 1. Section .2.:2'.2..3.3 ()f~ LantUJevelopD)cm CCJ4e.llt,lthor:izcd ~ ,~()nditional us~. 2. Gra1itingthecond:,tio~use ,will not-adve11>ely I!ffect'the} pubUc interest.an4. will not adversely affcmt,otherproperly :or~e3 in the"~e qistrlctoIIIe'ighborhoo;l becaUse ot A. ConSiStenc y With .tiie 1.aiid ])eve~l>jliD7. and Gt<>wth MllDlIgem"nt Plan: ,,-, Yes No -, - . B. rn~sandegressU) pr()p~ aUld proPo-se.dS1iilCttiteSthereon with pa::ticular, ref~ten~ te, aut()motiv.e and pedesfriah safety. and convemcIIce, traffic flowaild control, 81).d -acceSS in::ease-oi mc.orcataStroPbe: Adequate ingress & e~ I Yes No "- C. Affects, nei~fboring properties in rel~ti~)D to noise" glare, economic;. or I)dor effects: ) __. No affect or . ~ Affect mitigated.by _ _ Affect cannof:be niitig'ated Do, Co,tilpatibllhywftli adjacent pfoperties"md 15thet propertyin,the district: , . COl.l!pa1ib1e~ wiihind4triL . . Va, No L Based on the~bove' finding!:; thfs,cotlcUtional'u.se. s ." . d, .' '.pu . 'ODS, (copy Jittached) (Shouldn . :be'recommend,~d!1JIa~~rqvaJ; Ir{ uU4\ _' -- /" DATE; .MEMBER: Item No. 170 EXHIBIT nAil May 25,2004 Page 23 of 29 ---" --.._, -~..- -.-.... _..-. -.-.--,,"_._- ----- . --- . FINDING OF FACT BY COL[.IER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4249 The following facts are found: I 1. Section 2.2.2.3.3 ofth~ Land Development Code authorized the conditional use. I 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other )roperty or uses in the same district or neighborhood becaU:ie of: A. Consistenc:r with the Land Development Code and Growth Management Plan: Yes / No - B. Ingress and egress to property and proposed structures thereon with particular reference to aulomotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingre ss & egress Yes V No - C. Affects neighbc,ring properties in relation to noise, glare, economic or odo:~ effects: ./ No affect or _ Affect mitigated by __ Affect cannot be mitigated D. Compatibility vrith adjacent properties and other property in the district: Compatible use within district Yes V No - Based on the above fmdings, this conditional use should, with sti ulations, (copy atuu:hed) (should not) be recommended for approval . DATE:~Jt MEMBER: ~O s::.mtYL Agenda Item No. 170 May 25, 2004 Page 24 of 29 - FINDING OF FACT BY COLJLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4249 The following facts are found: 1. Section 2.2.2.3.3 ofth~ Land Development Code authorized the conditional use. 2. Granting the conditional uSe will not adversely affect the public interest and will not I adversely affect other property or uses in the same district or neighborhood because of: I A. Consistenc.y with the Lan/:,pment Code and Growth Managemt:Dt Plan: Yes_ No_ B. Ingress and egJ ess to property and proposed structures thereon with partic':1lar reference to automotive and pedestrian safety and convenience, traffic flow and .-. control, and ac,ess in case o~Phe: Adequate ingr( ss & egress Yes_ No_ C. Affects nei hb>ring properties in relation to noise, glare, economic or oder effects: No affec-: or _ Affect mitigated by - ___ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible us<' within district~ Yes_ No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommen,led for approval . DATE: 5-(,-o'f MEMBER: ~A {fa..A' (VI,)l~) _. Agenda Item No. 170 May 25, 2004 Page 25 of 29 ,-- ~,." -- H'_', ...... FINDING OF FACT BY COLll.IER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETmON FOR CU-2003-AR-4249 The following facts are fo LlDd: 1. Section 2.2.2.3.3 of tllf~ Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not I adversely affect other property or uses in the same district or neighborhood becaw;e of: A. Consistenc:, with the Land Development Code and Growth Management Plan: YesL No - B. Ingress and eg)'ess to property and proposed structures thereon with particular reference to aulomotive and pedestrian safety and convenience, traffic flow and control, and ac(:ess in case of fire or catastrophe: Adequate ingress & egress I Yes_ No - C. Affects neighb(lring properties in relation to noise, glare, economic or odo:~ effects: L No affec:t or _ Affect mitigated by __ Affect cannot be mitigated D. Compatibility vnth adjacent properties and other property in the district: Compatible use within district /. Yes_ No - Based on the above findin~s, this conditional use~ould, wii""stipulationsp(copy attal:hed) (should not) be recommended for approval ~. DATE: S; ,\ D if MEMBER: \~~~ Agenda Item No. 170 May 25, 2004 Page 26 of 29 - FINDING OF FACT BY COL:LIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4249 The following facts are found: I 1. Section 2.2.2.3.3 ofth~ Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will lIot adversely affect other property or uses in the same district or neighborhood becau:;e of: \ A. Consistenc:, with the Land Development Code and Growth Management Plan: Yes V No - B. Ingress and egr:ss to property and proposed structures thereon with particular - reference to au10motive and pedestrian safety and convenience, traffic flow and control, and ac(:ess in case of fire or catastrophe: Adequate ingre 3S & egress Yes ~.NO - C. Affects neighbc,ring properties in relation to noise, glare, economic or odo:~ effects: / No affect or _ Affect mitigated by __. Affect cannot be mitigated D. Compatibility "ith adjacent properties and other property in the district: Compatible use within district Yes /" No - Based on the above fmding 3, this conditional use should, with stipulations, (copy attac:hed) (should not) be recommended for approval . DAm:4~ J:Wrf '~ MEMBER: ~ "- Agenda Item No. 170 May 25, 2004 Page 27 of 29 .~_...._._-.~~ -.. .- ... . "~ ~ ~.~_ M SrrE .._~ \...=: .....-- .. . ~~==:-=.~~~ ....III!~~.~--~...... .. ~ ~ -_..--~-- I I I ..--. ~.........--- a a, . _ . _...... ~..-.cI _ ....,... - - -...........-. I I 1141n"'A~ ~....,; ~ ~~"::'==-;:'-:l--. . I TYP1<:AL SIDEWAlK llET,,!\-, if! i I ill. ~ 1 1 , ---_....." -----.. .S ......... t QU/' (... ~ I I I~ stl ! .. 1I~ I . I, ......-PTI:TTT~1 Cl)l I " · I.' I. t:;~: -- " J I, I . OJ II~ tV[....... - ~ ~ ~ u' ---- - - I J i\. I - '-'- "," -- I . I ____ - .. en I I . ~ -.- -r ~I~ .~ i 0; J . .,~ i r=--l -- '--- I j . I ~f1 k'\.'''- sf E 'i ~ Be: I ~I I~ I N --o...z I I~ I . ".- -- - -- _# I I ------. PET1T10N NO. CU-2003-AR-4249 ; ~!~ -- H ....-- 1010 39th STREET S.W. --- . ~ I --- . KJ!I~. FOUO # 37995240003 ~. I . I - . . -- N 180'01 TRACT 1fft - ~Um 27 .[l 0::1 LJ-1 · T ~.e::r"" ZONING' ,,~genda tem o. .::~'. . Ma 25 2004 age 0 EXHIBIT "B" _..-- ,- Conditions for Approval of Conditional Use CU-2003-AR-4249 (May 6, 2004) I ; 1. This Conditioml Use approval shall expire two (2) years from the approval date of this petition hy the Board of Zoning Appeals. Should the property owner wish to continue the approved use beyond the two (2) year extension, the properly owner shall rea}'ply for another Conditional Use or comply with applicable land development regulations at the time of expiration of this Conditional Use, 2. The Zoning and Land Development Director may approve minor changes ill the location, siting. or height of buildings, structures, and improvements authorized by this Conditional Use. Expansion of the uses identified and approved within this Conditional Use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new Conditional uS(: application, and shall comply with all applicable County ordinances in effe<:t at the time ofsublllittal, including Division 3.3, Site Development Plan Review and - Approval, of the Collier County Land Development Code (Ordinance 91-1 (12) 3. Pursuant to Sectlon 2.2.25.8.1 of the Land Development Code, if during the Course of site c1-~g, excavation, or other construction activities a historil:al or archaeological a::tifact is found, all development within the minimum area necessary to prolect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 4. Pursuant to Section 2.6.33.4.1.2 of the Land Development Code, the model home or model sales cc:nter is not intended to allow the full scope of real estate activities and shall be re:;tricted primarily to the sale and marketing of the model, or products similar to the model. A model home shall not include ofli<:es for builders, contrac':ors, developers, or similar activities. 5. A sidewalk shall be designed and constructed, per LDC requirements, along the entire frontage (If this property on 39th Street S.W. within six months of the approval date of this request. A Right-of-Way permit will be required from the County Department of Transportation. Exhibit "C" .- Agenda Item No. 170 May 25, 2004 Page 29 of 29 "'.-< ,,"-'h EXECUTIVE SUMMARY RZ-2003.AR.4937, Terry Kepple, of Kepple Engineering, Inc., representing Community School of Naples, Inc., requesting a rezone from "A" Rural Agricultural to "CF' Community Facility for a 29.2 acre tract of land to allow for the expansion of the existing school facilities located to the south of this property. The property is located on the west side of Livingston Road, approximately 1h mile north of Pine Ridge Road, in Section 12, Township 49 South, Range 25 East. OBJECTIVE: To have the Board of County Commissioners consider an application to rezone 29,2.:t acres from Rural Agricultural (A) to Community Facility (CF) zoning district to allow for the expansion of the existing school facilities consistent with all applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The property is located on the west side of Livingston Road, approximately V:z mile north of Pine .- Ridge Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida. The Community School owns 110.29 acres that run parallel to Livingston Road. The existing developed Community School site zoned CF currently occupies the southern one third of the property. They are in the process of expanding their classroom activities on this portion of their site, which will displace the existing athletic facilities. The purpose of the rezone to CF is to provide additional land (29.2 acres) for the displaced athletic fields. According to the adopted County Future Land Use Map (PLUM) this area is eligible to be rezoned to CF, which is the zoning classification of the existing school to the south. The addition of classroom space for the school has displaced the existing recreational areas on the current campus. The subject site will be developed with athletic fields. The school owns the property to the north and south of the proposed rezone. The CF zoning classification specifically states that the dimensional standards in the regulations are designed to be compatible with residential zoning. To the east is Livingston Road and Estates zoning; to the west is Barron Collier High School, which has an underlying zone of RSF-3, so the proposed rezone is compatible with the surrounding zoning and uses and will not adversely impact them. Staff also notes that the school faces Livingston Road on the east and because this ro.ad is a high visibility corridor any structures on the property will be subject to Section 2.8 of the Collier County LDC relating to architectural and site design standards and guidelines for commercial buildings and projects. - Agenda Item No. 17E Page 1 of3 May 25, 2004 Page 1 of 33 ._-,-~..,~-,_.,..,-,.-.,"_... -___.~_~_...."'...",.,_.,''",'''..'"'-.m.~.'._.. ., """"W""'.""",,. . "".......,""'-,_,..,.'...,,,'<.....'w,..,,,,.".,''''',,,'"-__...." ,.., .... FISCAL IMPACT: This rezone will have no fiscal impact on Collier County. However, further development of the property will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development. In this particular instance impact fees are based on the number of new students and their grade level as well as the square footage of new buildings. These impacts were addressed as part of the schools expansion that displaced the existing athletic fields and necessitated this rezone. However, should the school develop classrooms or other buildings on this site in the future as would be allowed under the proposed zoning, they will be required to pay the appropriate impact fees at that time. GROWTH MANAGEMENT IMPACT: The subject property is designated as the Urban Mixed Use District in the Future Land Use Element (FLUE) and map of the Growth Management Plan (GMP). This district allows a variety of residential and nonresidential land uses including: parks, open space and recreational uses; and, community facilities such as schools, cemeteries, group housing, libraries and community centers. Based on their analysis and review, Comprehensive Planning staff concludes that the proposed "-, rezone from Rural Agricultural zoning district to the CF zoning district may be deemed consistent with the FLUE. Transportation Element: The Traffic Impact Statement indicates that the project will generate approximately 782 average daily trips at full capacity of 850 students. Based on this estimate, the Transportation Department has determined that the proposed expansion will not significantly impact any County roads. As a result, this petition is deemed to be consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. Open Space/Conservation: The Environmental Services Department reviewed the proposed Rezone and found that it is consistent with the applicable policies of the Conservation and Coastal Management Element. ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition. EAC RECOMMENDATION: The Environmental Advisory Council did not hear this petition. Although the parcel is larger than 10 acres and therefore eligible for submittal of an Environmental Impact Statement, a site visit revealed mostly previously disturbed land. For this reason, a waiver of the EIS requirements was granted. -- Agenda Item No. 17E Page 2 of3 May 25,2004 Page 2 of 33 - PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on May 6, 2004. County staff and the petitioner were heard, no one else testified. After discussion, the CCPC, by a vote of 8 to 0, recommended that the Board of County Commissioners approve petition RZ-2003-AR- 4937 THE ZONING AND LAND DEVELOPMENT REVIEW STAFF RECOMMENDATION: Because the proposed Rezone has been found compatible with the neighborhood and consistent with the Growth Management Plan, Staff recommended that the Collier County Planning Commission forward a recommendation of approval of petition RZ-2003-AR-4937 subject to the following condition. 1. The applicant shall install a Type D landscape buffer along the Livingston Road frontage within one year of the approval of this rezone request. -- Agenda Item No. 17E Page 3 of 3 May 25, 2004 Page 3 of 33 COLLIER COUNTY -- BOARD OF COUNTY COMMISSIONERS Item Number HE Item Summary RZ-2003-AR-4937, Terry Kepple, of Kepple Engineering. Inc,. representing Community School of Naples. Inc_, requesting a rezone from -A" Rural Agricultural to 'CF" Community Facility for a 29.2 acre tract of land to allow for the expansion of the existing school facilities located to the south of this property_ The property is located on the west side of Livingston Road, approximately % mile north of Pine Ridge Road, in Section 12, Township 49 South. Range 25 East. Meeting Date 5/25/20049:00:00 AM Prepared By Robin 0, Meyer Principal Planner Community Development & Environmental Services Zoning & Land Development Review Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 5111/200410:16 AM Appro,-ed By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Environmental Services Zoning & Land Development Review 5112120043:21 PM - Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/13/20044:29 PM Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/13/2004 4: 04 PM Appro,-ed By Joseph K. Schmitt Community Development & Environmental Services Admlnstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/14/20044:19 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/16/200412:01 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Ofnce Office of Management & Budget 5/17120048:09 AM Approved By James v_ Mudd County Manager Date .- Board of County County Manager's Office Commissioners 5/1712004 6:47 PM Approved By Robin D. Meyer Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review Agenda ~9;J1[,!.M May 2~ 2004 Page of33 ._.._0 -,.-.. ._..- ColN'er County - ~~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MA Y 6, 2004 SUBJECT: PETITION: RZ-2003-AR-4937 OWNER/AGENT: Agent: Terrance Kepple Kepple Engineering, Inc. 3806 Exchange Ave. Naples, Florida 34104 Owner: Community Schools of Naples 13275 Livingston Road Naples, Florida 34109 REQUESTED ACTION: The petitioner wishes to rezone 29.2~ acres from "A" Rural Agricultural to "CF" Community Facility zoning district to allow for the expansion of the existing school facilities located to the south of the property. GEOGRAPHIC LOCATION: The property is located on the west side of Livingston Road, approximately Y2 mile north of Pine Ridge Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida. (See illustration on following page) PURPOSElDESCRIPTION OF PROJECT: The currently the Community School owns 110.29 acres that runs parallel to Livingston Road, the existing developed Community School site zoned CF currently occupies the southern one third of the property. They are in the process of expanded their classroom activities on this portion of their site, which will displace the existing athletic facilities. The school is requesting this rezone of the 29.2 File # 2003-AR-4937 Agenda Item No. 17E May 25, 2004 Community School of Naples Page 5 of 33 - acres abutting the existing zoning on the north. The purpose of the rezone to CF is to provide a location for the displaced athletic fields. ._. - . - - n_. _ _ -, ~ '~ ~ , ...._ -,--.J ~ I '--'tj I .. ~ I ~ . h ~ ~ I I =1 1- ;- >1 r L : ; U) I I ! ~ 1 _ I f I I : ~ .1 -; I l I ~ - -~ :: C) t'o ........ . , I - - .... II!: . :z I I 'I [ 0 !' i . If. I,. . t; 'T f - ~ ~ I. J~~ ~ I ~ ti i i ~ f ~ ~_7~ Q.. < ::; . J I Zo .t. Eo "I I ! .~. I-! <: o o -' ~-': f I .,- 2 Agenda Item No. 17E May 25, 2004 RZ-2003-AR-4937 Page 6 of 33 . '~~~..;:-:-,<.:' I;; ,.... ...~-ti(. ' .">:; -, : ~~l{~~ I '\."\~~"i-i"oI.......~,,\ . ...,..... '" ......,'\C~. ~;. ...:....(.F :'.. ,~. :"..:;;:;.~';, r Section 12 North, .>.<i>~",,>,"""'''';''... .......... :~~~.;~ .~~~~~ _....... Township 49, -t".... ".'~: R 25 E i,~t.:....~..;>'~ ange ast ,~,.~.;:\" ';.,q.ti(,~ ~,~'.1 ......,~..~. ':~~;~~\~rr ~.b'f\'!: ':;~~':: ~ 1 .~ . ~. ... . . ,fi-~t~l~ 1"~ ~J.. . .... _ . .. . ,~~~.c:::\l.'~llk:': SectIOn ,12 South, -'''...J,~ ~._"". '. .,\ .. . ".-' .' . $..., ;. "~. T shi 49 .~-~. . ..,...",1 J' ~-..-,,,..... own p , . ~-:'}~~-\~,<<,:':\~.:":-~' !.: 1':!r~'.~:{~?{,X\-~~_ 2~:: . }'J.,.;:",., .~:1..~..t .. .... .~ ~::,'.'.,'.C ..":'::. r Range 25 East ~,...~.3G}:.;~.~.~.::':~f.::;.;~ ~. ,'~. - ~~ 1. : ~~}:~~i>:~~:.:1L;~!l ~",.,.Vf""~~i."'.".;: "..-... . l, ""'..1:.;;' . :"8-...!~,"!..(..,~..;~,. ---+ ."". .r........~....."" ",~'; ',\~~j: ~~.......,J....' - ~"- " ...Irl~.~....;w~.:...!J '#.~ \::.::..\," ~,~ -. ~~. ; ..~..= .~.~'}1. ...~.~,(.l~....~....~..:...._..~~ ~.;~..~_..._ \..~ ~\:.,..~'.~ SURROUNDING LAND USE AND ZONING: Subject Parcel: The site is being used for agricultural purposes; zoned "A" Agricultural Surrounding: North: Agricultural land uses, zoned "A" Agricultural and owned by the Community School of Naples East: Livingston Road and "A" Agricultural zoned property to the east. South: Main Campus of the Community School of Naples zoned "CF' Community Facility West: Property zoned RSF-3/P.U (for the high school) the property directly abutting the subject site is a lake and natural area for Barron Collier High School. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated as the Urban Mixed Use District on the Future Land Use Map of the Growth Management Plan (GMP). This district allows a variety of residential and nonresidential land uses including: parks, open space and recreational uses; and, community facilities such as schools, cemeteries, group housing, libraries and community centers. Based their analysis and review, Comprehensive Planning staff concludes that the proposed rezone from A zoning district to the CF zoning district may be deemed consistent with the FLUE. 3 Agenda Item No. 17E May 25, 2004 RZ-2003-AR-4937 Page 7 of 33 - ANALYSIS: Environmental: The Environmental Advisory Council did not hear this petition. Although the parcel is larger than 10 acres and therefore eligible for submittal of an Environmental Impact Statement, a site visit revealed mostly previously disturbed land. For this reason, a waiver of the EIS requirements was granted. Transportation: The Traffic Impact Statement indicates that the project will generate approximately 782 average daily trips at full capacity of 850 students. Based on this estimate, the Transportation Department has determined that the proposed expansion will not significantly impact any County roads. As a result, this petition is deemed to be consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. Utilities: Public utilities are currently available to the site. Planning: Under the County's FLUE map this area is eligible to be rezoned to "CF" Community Facility, which is the zoning classification of the existing school to the south. The purpose of the rezone is to provide additional space for the school, which is growing and has added additional classroom space, which in turn has displaced the existing recreational areas on the current campus. The school owns the property to the north and south of the proposed rezone. The CF zoning classification specifically states that the dimensional standards in the regulations are designed to be compatible with residential zoning. To the west is Livingston Road and Estates zoning; to the east is -. Barron Collier High School, which has an underlying zone of RSF-3, so the proposed rezone is compatible with the surrounding zoning and uses and will not adversely impact them. Staff also notes that the school faces Livingston Road on the east and because this road is a high visibility corridor any structures on the property will be subject to Section 2.8 of the Collier County LDC relating to architectural and site design standards and guidelines for commercial buildings and projects. NEIGHBORHOOD INFORMATION MEETING: The petitioner held a Neighborhood Information Meeting on March 10, 2004, that was attended by one individual, who asked the applicant's representative what the project was and then left. Because there was one person that signed in, the applicants representative opened the presentation to introduce the subject and document that the meeting was held. County staff introduced themselves and the issues on tape and then, lacking anyone from the public, closed the meeting. STAFF RECOMMENDATION: The proposed rezone is consistent with the applicable provisions of the Growth Management Plan and Land Development Code. Therefore, Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition RZ-2003-AR-4937 to the Board of County Commissioners with a recommendation of approval with the following condition: 1. The applicant will install a Type D along the Livingston Road frontage within one year of the approval of this rezone request. - 4 Agenda Item No. 17E RZ-2003-AR-4937 May 25, 2004 Page 8 of 33 ~~~~ ----,. PREPARED BY: ROBIN D. MEYER, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: RA Y BELLOWS, CHIEF PLANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition RZ-2004-AR-4937 Tentatively scheduled for the May 25, 2004 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSEL A. BUDD, CHAIRMAN REZONE FINDINGS 5 Agenda Item No. 17E RZ-2003-AR-4937 May 25, 2004 Page 9 of 33 .- PETITION RZ-03-AR-4937 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The proposal is an extension of the existing school, which has been expanded on the property to the south as part of a Site Development Plan. The expansion of the existing school has displaced the existing athletic facilities and necessitated the requested rezone to allow the facilities to be built on this adjoining property to the north. The proposal is consistent with the FLUE contained in the Growth Management Plan. 2. The existing land use pattern; North: Being used for agricultural uses, zoned "A" Agricultural and -- owned by the Community School of Naples East: Is Livingston Road and "A" Agricultural zoned property to the east. South: Main Campus of the Community School of Naples zoned "CF' Community Facility West: Property zoned RSF-3/P.U.(for the high school) the property directly abutting the subject site is a lake and natural area for Barron Collier High School which is the principal use on the site. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; This is an expansion of an existing private school whieh is adjacent to a public high school, both of these uses are consistent with the FLUE and with the surrounding development The location of this school between an arterial street on the west and a publie high school on the east is ideal from a land use standpoint the schools continued growth and development will not adversely affect the surrounding uses. It is also consistent with the expected land uses by virtue of its consistency with the FLUE. 4. Whether existing district boundaries are illogically drawn in relation to existing - conditions on the property proposed for change. 6 Agenda Item No. 17E RZ-2003-AR-4937 May 25, 2004 Page 10 of 33 -,-. -- ~- The proposed expansion of the existing Community School of Naples is a logical extension of the original zoning, and this use has been identified as consistent with the FLUE . Therefore, the proposed "CF' district boundaries are logically drawn and they are consistent with the FLUE of the GMP. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Collier County has seen substantial development and as such there is a corresponding need for more private and public schools in the area. As previously stated the existing school is expanding to meet the needs of the growing population of Collier County on the existing school property zoned "CF', creating a need to expand the entire site so the school can continue to provide a complete range of educational a athletic opportunities. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; The location of this property between Livingston Road and Barron Collier High School is ideal from a land use perspective in that there are no residential neighborhoods to be impacted or adversely influenced. In addition the school owns the property to the north and south of this site, further supporting the contention that the school will not adversely influence the living conditions of this neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of the project took into account the requirement for consistency with Policy 5.1 of the Traffic element of the GMPP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. The proposed change will result in an overall increase in daily trips within the school, however there is adequate capacity in the road system to accommodate it. 8. 'Whether the proposed change will create a drainage problem; The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, this project has been reviewed for consistency the applicable regulations and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. 7 Agenda Item No. 17E RZ-2003-AR-4937 May 25, 2004 Page 11 of 33 e_ 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The athletic facilities proposed as part of this development, will result in virtually no reduction of light and air to adjacent areas. In addition all projects in Collier county are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; The adjacent areas to this proposal are the school itself to the south, a major arterial to the west (Livingston Road), agriculturally zoned property to the north owned by the school and Barron Collier High School to the east, none of these uses will be affected by the proposal. Staff is also of the opinion that this proposal will not adversely affect property values based on the projects consistency with the Growth Management Plan and surrounding uses. _e 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; With the school being the use to the south and owning the property to the north, it's seems obvious that those properties will not be affected or deterred from development. To the east is Barron Collier High School which is developed and at most might see additional classrooms or other related development, but again this rezone will not be a deterrent to that development. Finally there is Livingston Road to the west which is a major arterial street between this site and anything that is going to happen to the west, it is the opinion of staff that these factors will have more of an effect on development to the west of Livingston than the development of a school on the subject property. 12. \Vhether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezoned to "CF' complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact the proposed "CF' zoning does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; - 8 Agenda Item No. 17E RZ-2003-AR-4937 May 25, 2004 Page 12 of 33 There is no reason that the property cannot be used in accordance with the existing zoning, however the proposal is an expansion of an existing use, the Community School and is consistent with the FLUE. The proposal is a logical extension of an existing use that is isolated between a major arterial and Barron Collier High School which is a similar use. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed rezone is being requested as an expansion of an existing school and is consistent with the County's Growth Management Plan, and as such will be in scale with the needs of the neighborhood and the County. 15. \Vhether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites, which are zoned to accommodate the proposed development. However, this proposal is a request to expand the already existing zoning for the school to the south of this site. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. The applicant shows that this site will be used to provide the athletic facilities that are being displaced for classroom expansion for the school to the south. This property is currently fannland, it's development as athletic fields will have a relatively minimal impact on the land, because it will require minimal permanent site improvements. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. 9 Agenda Item No. 17E RZ-2003-AR-4937 May 25, 2004 Page 13 of 33 . . . - - .. , _. '\ ~ RZ-2003;.AR-4937 . PROJECT #2003030029 DATE: 12/9/03 KAY DESELEM ArPL!CA TI~N F9U..PUBLlC HEA\UNG FOR: STAND,pD RE$C)~ petition No.: Date petition Received: Commission District: ,Planner Assigned: Py neselem ABOVE TO BE 00MPIEfED BY STAFf .- ~DerallDrOnll.tiolll 1. Name of AppUcant(s) _ CommunitY School ofNl\P1es. Inc. - Applicant's Mailing Address J3275 Livinsston Rct City Jil\P1cs State_fL Zip.J!U>2 Applicant's E-Mail Address: Applicant's Telephone # _597.7575 Fax 1# 598-2973 - .. Name of Agent ~!:IPce Kepple Firm K~le En~neerilUt. Inc. .' Agent's 'Mailing AdclteSSJ806 Excban2e Ave. City yaples - State jL ZipJ.lli14 Agent's Telephone ~: __403-1780 Fax 1# ~03.17S7 Agent's ~Mai1 Address: j.eppJP#.ng;neerin~rthlink.net .- COLLIER COUNTY coMMlJNlTY DEVELOPMENT PLo\NNING SERVICES/CURRENT PLANNING 280(1 N. HORSESHOE DRIVE-NAPLES, FL 34104 Agenda Item No. 17E jULJCADON fOR 1It1JIUC 1IL\R1'911OR ,",-'NDARD IlU'..ONE-D2J2OIO May 25, 2004 Page 14 of 33 .--- -",...<<, --- -. . . . . - . . . . .. rHONE (941) 403-14OOIfAX (941) 643-6968 Complete the roDowinS for all AssociaIion(s) afti]iated with this petition. (Provide oddilional sheets if neceswy) . Name of HomeowDer Association: - Mailing Address City State_Zip_- Name of Homeowner Associdion: - Mailing Address . City State_Zip__ Name of Homeowner AssocilltiOn: - Mailing Address City State Zi - p-- N....e of Master AsaoCiatio:l: Mailing Address City State _ Zip _ Name of Civit AIsOdation: Mailing Address City State -Zip- 2. DiKloaure of Interet!. Informatioa: a. If the property is owned fee simple by an INDIVIQUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the pen:entage ofsucb interest. (Use additional sheets ifnecessary). Name aDd Add=1 PcrceDtaF of ()wDcrShi~ - - - - - - - WUC"..4. TlON FOR 1'IIIILIC IIEARJ NO .oR C'I' ANnAB "R1P.7D?m _1I2I201Z Agenda Item No. 17E May 25, 2004 Page 15 of 33 -- . , . . , . . . - If the property ~~ owned by a CORPORATION, list the officers and stoc1cholden . b. and the perceutal:e of stoCk owned by each. . Name and Addrc:sS. aDd ()ftice PcR;entap or Stock ~mmuDitv set,go) orNaDles. IDe. ,. DOD orofit oruniutiu. Stt'Anhan.. DuallC Jr. -.f - - Sutton.. Kermi; V - - - Riel\. LarrY J - - - CronA~er. Ja!~e -' - ~ - c. If the property~1 in the name ofa TRUSTEE, list the beneficiaries of the t:ust with the percemage 0 f interest. Name aDd AddreSS Pcrc;eIdap of intereSt - - - - -- d. If the property is. in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and AddresI PcrteDtaF of ()wDeIsbip - - - - - - e. If there is a CONTRACT FOR PURCHASE, with an individual or inCmduals, a CorporatioDp Trustee, or a partnenhip, list the names of the contraCt purchasers below, inc1udinll the officers, stockholders, beneficiaries, or partners. Name and Address Pat:CDtaF ofQwDcrsbi)) - - - - - - Date ofContraet: ~c.4T10N IIOR .nal.JCHLUUlfG IIOR tI'I'.A.NDARDlI"7n1d-82IJIIZ Agenda Item No. 17E May 25, 2004 Page 16 of 33 ..~-~ -..... ~.._--.. . . . . - . . , , f. If any continge ncy clause or contract termS involve additional parti~ list all . individuals or ofticers, if a corporation, putnership, or trUSt. Name aDd AddresS - - - - g. Dale subject proporty, acquired ~ Ieued 0 Iv-!3.oZ Term ofleuc --,,,}mol. If, petitioner haa option to buy, indicate date of option: and date option terminateS: _--' or anticipated closing date . h. Should any chan8es ofownersbip or changes in contraets for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the rl~nsibility of the applicant, or agent on his behalf: to subllUt a supplemental dhclosure of interest fonn. 3. Detailed le2aJ descljptiOD of the orooertv covered bv the .DDlicatioa~ (If space is inadequate, attaeb 011 separate page.) Ifrequest involves change to more than (Joe zoning district, include separ ate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last R( months, maximum I" to 400' :;cale) ifrequired to do so at the pre-application meeting. NOTE: The applicant' is responsible for supplying the correct legal description. If questions arise CODC4:ming the legal description, an engineer's certification or sealed survey may be required. Section:' _12 Township:_42 Range:J2 Lot: Block: subdivision: Plat Book_ Page #: Property I.D.#:y02S6320000 p~".f~5"OU5 , Metes &. Bounds Oe;cription: ~ attatched S'liJ"vry c1J. i a. <!.. 4. Size of DrooertY: lilQQ. ft. X 1100 ft. - Total Sq. Ft. - S. bddressl2eneralloc,tioa or..bied orooertY~ _West side ofLivin~on. ~~~rox. Y.z yUle Ilorth of Pine lUdie Rd. - 6. ~di.c:eDt 108m2 .,Id laad use: AJ'I'J..ICA nON POR Pl1IIUC HF.AJU tic POR no ANDARD JUf.7.ONE -1I2I%OQZ Agenda Item No. 17E May 25, 2004 Page 17 of 33 . , -' , , Zoning Land use . N~ Vacaut .- SSE CommunitY School ofN~les - E---^, LjvinWston Rd ( RfW) - WYSF-31P.U. _Collier Co~ Public School Does the owner of the: subject propertY own property contiguous to the subject ~ roperty? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach OD lIeparate page). Section: J2 Township: _ 4.2 Range: .2S - Lot: Block Subdiyision: Plat Book_Page #: Property I.D.#:j>02S6320000 (};r,+ , ,-,~ Metes &. Bounds l)esl~ption: jeC attatched svrv~ - 7. }tr.zone Reouest: This application is requesting a rezone from the ~ zoning district (5) to.the CE zoning district(s). Present Use of the PInperty: Jarmland Proposed Use (or range of uses) of the property: lrivate School..,.,.,._nonal faci. 8. JvaluatioD Critena;. Pursuant to Section 2.7.2.5. of the CoWer County Land Development Code, !.taff's analysis and recommendation to the Planni"8 Commission, and the Phmning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide ,il narrative statement describing the rezone request with specific reference to the criteria netted below. ,- Include any backup nl8terWs and documentation in support of the request. S~d Rezone COJ1J,fImrations ILDC Section 2.7.2.5.1 Agenda Item No. 17E 6J'PLlCA.TION mR "IBLIC ImAlmIG POIUTANDAItD 1I..7.fiNE-lWHID May 25, 2004 Page 18 of 33 . _.- --"-- .- ----- --.--.- _.- .- . , . . . . . , . -I Whether the proposed change will be consistent with the goals, objectives, and policies ondfuture lom,( use map and the elemenJs oftM growth management plan. The proposed rezone is consistent, as this area is designated ,~ urban residential subcfutrict and this rezone is for a private school, with proposed zoning of CF which is a permitted use in the mban residential subdistrict 1 The existing land U.l e pattern. The existing land use is RSF-3 with a P.U. for a public school to the West. E.xisting CF ZODing to the South for the Community School Livingston Rd. to the East, a 6 lane major arterial, currently under construction. To the north is he planned CCPS connector drive from the Barron Collier campus to access Living non Rd. 3 The possible crea/iG ~ of an isolated district unrelated to adjacent and nearby districts. lhis rezone will be adjacent to two existing school sites, Community School and Barron Collier. - 4 Whether existing diJ mct boundmies are illogically drawn in relation to existin.~ conditions on the prope,-ty for the proposed change. The existing boundaries appear to be logically drawn, based on the time when they were de:ermined. J Whether changed or changing conditions make the passage of the proposed amendment. (rezone) ne('essary. A s Collier County grows and is growing, the need for additional educational facilities bo'h private and public are necessary. The growth of the Community School reqdres construction of additional facilities on their existing ampus, requiring the relocation ,)fthe athletic facilities on this property under rezoning. 6 Whether the propostd change will adversely influence living conditions in the neighborhood This property is not located adjacent to any residential property and would not be changing any living conditions. 7 Whether the proposed change will create or excessively increase trq/jU: congesj'ion or create types of traffic del~med incompatible with surrounding land uses, because of peak ,'olumes or projected types ofvehicu1ar traffic, including activity during constructi"n phases of lhe developmelll, or otherwise offict public softty. TIle proposed change will have minor changes in traffic. Th, proposed use is for expansion of the athletic facilities of the Community School, which by itself will not generab~ additional traffic. Ifin the future, the school wishes to co::1StrUct Agenda Item No. 17E May 25, 2004 Page 19 of 33 ---.---.-- ..-- . . . . . . . .- . . classroom facilities on tills site, they will have to provide a TIS at that time. (~ Whether the proposi!d change will create a drainage problem. The site will be incorporated into the existing Community School drainage system, which is regulated by the SFWMD, and no drainage problems are anticipated. 9 Whether the proposc'd change will seriously reduce light and air to adjacent arc~as. The site is currently planned for athletic fields, which will essentially consist ofhu'ge open spaces, which will not affect light or air to adjacen1 areas. 10 Whether Jhe proposE'd change will seriously affect property values in the adjacent area. T:le area is currently increasing in value. The development of this site from agricultural to private school facilities would be expected to raise the property .values. 11 Whether the proposed c~nge will be a dete"ent to the improvement or development of adjacent property in t.!ccordance with existing regulations. Development of this site would not be expected to deter development of any nemby properties. - 12. Whether the proposl!d change will constitute a grant of special privilege to an individual owner as con/rasted with the public welfare. N) special privilege will be granted by the rezoning of this property. J 3. Whether there are substantial reasons why the property cannot be used in accoNlance with existing zoning. The existing zoning is agriculture, development of Collier County has left several i:;olated agricultmal parcels, such as this, that are being dev,:loped over time. 14. Whether the change ~;uggested is out of scale with the needs of the neighborhood or the county. TIle current school serves the needs of the County and due tc the County's growth, it is Dc(:essaIy to provide additional private school facilities such liS this proposal. 15. Whether U is impossi~le to find other adequate sites in the county for the proposed use in districts already p~rmitting such use. Almost all zoning districts require rezoning or a conditional use to permit the development of educational facilities. Any similar sized parcel b the .- County would also require zoning action. Agenda Item No. 17E May 25. 2004 Page 20 of 33 --------.-...--- --- ---.. . . . . . . . . J 6. The physical chortrcteristics of the property and the degree of site alteration which would be required to nJake the property usable for any of the range of potential uses under the proposed zo.'Jing classification. The property is currently a farm field which will require minimwn changes to llse the site for athletic fields. Minimal fill will be required to develop the property, u on-site water management lakes will provide some fill for the site. 17. The impact of deve lopment on the availability of adequate public facilities "",r services consistent wit.', the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordillance [Code ch. 106, art. II], as amended. 'The rezone of this site to CF would be expected to have les:l impact on public facilities tlulll development into a residential development, as anticipated by the growth management plan. The availability of public facilities, such as water, sewer, . roads and emergency ;ervices will be confmned during permitting of the site, although, the proposed current Illan (athletic fields) will have minimal, if any impact on public facilities and services. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important iJ1 the protection of the public health, safety, and welfare. Agenda Item No. 17E May 25, 2004 Page 21 of 33 .---....- - . . . . . . . <- 17. The impact of devdopment on the avaiklbility of adequate pubUc facilities Qnll . services consistent with the 1eve1s of service adopted in the ColJkr County grGwth . management plan and as defined and implemented through the Collier County Adequate Public } QciUties Ordinance [Code ch. 106, art. 11]. as amended J 8. Such other factor3, standards, or criteria that the board of county commisslOlrers shall deem imponJl1t In the protection of the public health, safety, and we1fa1e. 9. ~ IlHtrictioDI: The County is IcgaUy preduded from enforcing -deed restrictions, howeYeflt many CODmllmities have adopted such restrictions. You may wish to cc.ntact the civic or property OWUet'S association in the area for which this use is being RqLlested in order to ascertain whether or not the request is affected by existing deed restrictiCGI. 10. lfeVious lAnd ale lH:~tlODS on the Babied DrooertYl To your knowledge, ba:J a public hearing been held on this property within the last yeatl If so, what was the nature oftbat hearing? No - 11. Additional Submittal ~ujremeDts=- In addition to this completed application, the following shaD be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pT1,..application meeting notes; - b . If this rezone is heing requested for a specific u~ provide fifteen (1 S) copins of a 24" x 36" conceptual site p1an(16 copies ufor affordable housing) [and one reduced 8~" x 11" copy of lite. plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; < . aD existing and proposed structureS and the dimensions thereof: . provisions fhr existing and/or proposed ingress and egress (mcluding p.:destrian ingresS and c~ess to the site and the structure(s) on site), . all existing and/or proposed parking and loading areas [mclude matrix. indicating required and provided parkins and loadin~ including required parking for the disabled], . required yards, open spaCe and preserve areas, . proposed lo~ons for utilities (as well as location of existing utility services to the site), . proposed u.dlor existing landscaping and buffering as may be required by the County, c . An architectuml rendering of any proposed structureS. - d. An Enviromnentallmpact Statement (ElS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. Agenda Item No. 17E J1Z1'l~TION JPOR 'IOtlBLlC BEARlNG I'ORIIT.lNDAllD 1I1t7nNlt- aI3GOJ May 25.2004 Page 22 of 33 ._-- ",,- ,. ~-" .-. -..-- M._'_ ~.."- . . . . . , . . e. Whether or not an BlS is r~ two copies of a rcc::ent aerial pbotograp-b, (taken, within the previcus twelve months), onnimum scale of one inch equals 400 feet, abal1 be submitted. ~.aid aerial shall identifY plant and/or wildlife habitats zlDd their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additi-onally, a calculation oftb: acreage (or square feet) ofnative vegetation on site, by 8J~ and a calculation and Iocation(s) of the required portion of native vcgctati(m to be preserved (per IDC Section 3.9.5.S.4.). f. StateJ1V'-ftl ofutility provisions (with aU required attacbmcntS and aketcbes)~ g. A Traffic Impact S~ (TIS), unless waived at the pro-application meeting; ". h . A historical an d archeological survey or waiver application if property is located within an area of historical or archaeological probability (as idcntifid at pro- application mee ting)~ i. Any additional requirements as may be applicable to specific conditional uses and identified durinS the pre-apptication meeting, including but not limited to any required state or federal permits. MfI..1CA TIOf'C FOR 1'1TIILIC BE.ABJ 1'fO POR ST ANDAJU) 1I1f7nN'R - a2I1OGZ Agenda Item No. 17E May 25, 2004 Page 23 of 33 . . . . . - . . gATFMF.NT OF 1JT)]JTY fROVlSIONS FOR STANDARD REZONE JtEDum 1. NAME OF APPLICANT: - Community School of NaDIes.. IDe. - 2. MARJNG ADDlWtS: 13275 UviDnton Rd. em: NaDia STATE FL ZIP HW' 3. ADDRESS OF SUBJECI' PROPERTY (IF AVAILABLE): 13175 Livinatll R4L 4- LEGAL DESCRIP1:10N: Section: 12 ~ TOWD.bip: 4~ Ran Ie: 15 - Lot: Block: Subdivision: ,- Plat Book I'ale N: Property LD.N: 001!63WOOO Metes" Bounds J)~cription: .ee attatcbed 5. TYPE OF SEW AGE DISPOSAL TO BE PROVIDED (Check a~e -:ystem): a. coUNTY UTILITY SYSTEM ' b. CITY UTILITi SYSTEM 0 C. FRANCHISEE' UTILITY SySTEM 0 PROVIDE NAME d. PACKAGE THEATMENT pLANT 0 (GPD capadty) .. sEPTIC SYS1EM 0 6. TYPE OF WATER SERVICE TO BE PROVIDED: ;tf a. COUNTYUTJLlTYSYSTEM b. CITY UTILITV SYSTEM c. FRANCHISEn UTILITY SYSTEM 0 PROVIDE N)~ .- d. PRIVATE SYSTEM (WELL) 0 Agenda Item No. 17E ' AlJ1,JCATlON '0. "'!RLle IIEAlt lI1P POR lIT ANDARD 1I1l7nNl!. - 02J2001 May 25,2004 Page 24 of 33 --.+ n_ __.___ ..- ----- - . . . . . , . .. TOTAL pOPULAll ON TO BE SERVED: -"861 studeats 7. 8. pEAK AND AVERAGE DAlLY DEMANDS: A. WATER-PEAK fl.OOO AVERAGEDAaY 13 .000 - - B. SEWEJl-PV.K J2.000 AVERAGEDAaY 13.000 - - 9. IF PROpOSING TO BE CONNEcrED TO COLJ.ff~ COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECrED TO BE REQUIRED: _~ctin, . to. NARRATIVE STATEMENT: Provide a brief and concise narrative stateanem and schematic drawing of sewage treatment process to be used as well u a specific stat~ regarding the method of eft1uent and sludge disposal. If percolation ponds arc UI be ~ then percolation data and soil involved sbaI1 be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the :~roject is located within the services boundaries of CoDier County's utility service systallp written notarized statement fha11 be provided agreeing to dedicate to CoDier County Utilities the water distribution anti sewage collection facilities within the project area upon completion of the construction 0 f these facilities in accordance with all applicable County (Irdw.~ in effect at the at me. This statement shaD also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to tllc issuance of building permits by the County. If applicable, the statement shall contain shaD contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systemS. u. STATEMENT OF AVAlLABD..JTY CAPACITY FROM OTHER PROVIDERS: Unless waived or otterwise provided for at the pre-application meeting. if the project is to receive sewer or p(ltable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project sball be provided. u.t;1 ~ Sl.' ~IUM JM'71.1'7 Agenda Item No. 17E ~JCATJON JI'OR PllIIUC Hf.AIU~ FOR ITANDAItD RR7JONE-mJ1IIZ May 25, 2004 Page 25 of 33 -. -.--- ----~ ...- _. --- . . . . - ,_. , . STANl)A.RD REZONE APPLICATION ~IUBMITIAL CHECKLIST " THIS COMPLETED cmtCKLIST IS TO BE SUBMI1TED WITII APPLICATION PACKET! REQUIRliMENTS ##or NOT COPIES REQUIRED REQUIRED 1. Completed Application 15* X %. Copy orDeed(') a.d list ideatifyiag OwDer(S) aDd aD 2* X Partnen U' a Coroontioll 3. Completed OwDer/AgeDt AfI"adavit, Notarized 2* X 4. Pre-application notes/mil lata 15* X S- Co.ceptual Site PIaDI IS* X 6. EnvironmeDtaI Impact S tatemeDt - (EIS) 4 X 7. Aerial Pbotograph - (witll babitat area. identified) S* X 8. Completed Utility proviJioDJ StatemeDt (with required 4 X attachmeDts aDd .ketcbes) 9. Traffic Impact Statemeat - (TIS) 4 X - 10. Historical" Archaeological Survey or Waiver 4 X A DDlicatioD 11. Copies or State a.d/or Federal Permits 4 X I%. Architectural ReDderinl of Proposed Structure(.) 4 X 13. ApplicatioD F~ Data CODvenioD Fee, Check. sbaD be - X made payable to Collier COUDty Board of CommusioDen 14. PUBLIC PARTICIPATION MEETING: X APPLICATION SUBMlTfAL: Copy of Aflidavit attesting that aD property owaen, civic associatioD' " pro:perty OWDer usociatioDJ were notified. Copy of audiolvideo recording or public meeting Written accouDt of meetiDl . IS. Other RequirelDellts - . ~ts fcquired for Lcm&-RaDF PIaDDiD& R.evic:w.1 additioaal copy iffor a1Jord8ble bousiDa M the authorized ageatlllpllUc:ant for this petitioa. J attest that all of the jnformatioG i~ OD tbiJ cbeclc1. is - iDc1uded in this sabmiUal pId;aI~ I UDdcrstaDd that failure to lDcludc all access-wy submittal iDformutkm may result in the delay ofpl<<c-i", Ibis pcti!ioa. ~~~~~ 7P/#:? Aga1tI til, ignature 9.~nda Item No. 17E Al,F'UCATJON "OR JIIJRLICBEARlltG roR STANDARD IlUDNE-ft!I2IOZ May 25, 2004 Page 26 of 33 ~,---"_.".,~ ,...,.- ---.- - ------ . . . . . . . , . . A.F~IDA VIT The undersigned, _ Kenneth R. Johnson. being first duly sworn, deposes and says that Community School of Naples, Inc., a Florida corporation not-for-profit ("CSN"), is the owner of the property described herein .md which is the subject matter of the proposed hearing; that all of the answers to the questions i:1 this application, including the disclosure of interest information, all sketches, data, and other S\lpplementary matter attached to and made a part of this application, are honest and true to the beS1: of our knowledge and belief. The undersigned understands that the infonnation requested on tl:is application must be complete and accurate and that the cODtent of this fonn, whether computer generated or County printed shall not be altered. Public hearings will not be advertIsed until this application is deemed complete, and all required infonnatic,n has been submitted. As property owner, CSN further authorizes TERRANCE KEPPLE to ac t as CSN's representative in any matte::-s regarding this Petition. COMMUNITY SCHOOL OF NAPLES, INC., a Florida corporation not-for-profit By: KENNETIl R. Vice President STATE OF FLORIDA COUNTY OF COLLIER , SWORN TO AND SUBSCRIBED before me on this JJ..:fh day of June, 2003, by KENNETH R. JOHNSON, lk.> who is personally known to me, or L..J who produced his ~rrs license as identification, as a Vice president and on behalf of COMMUNITY SCHOOL OF NAPLES, INC., a Florida corporation not-fol'-profit. G) -_..~ : i-1 MY C(lUI.lISSI(:W . D) 0742Q . . EXI'IfES: u.dIl, 2001 Notary P blic 1lIIIlII1IlII"'" Ntc"........ Print Name: State of Florida at Large My Commission Expires: (Notary Seal) Agenda Item No. 17E C:\CSN\KRJ May 25, 2004 SOP Affidavit Page 27 of 33 . . .', l . . . - -" --" --------- fir.": 12 .., ; .-' . rr:;F.3 - _ __ _ SOOODL .. .. .. . .-- -. , - .--- 115t=.:1 " _CCILU(1I-- r------------------ I : : I: I 1.' CF : ~ : . evlll4 oct .! 1lC ~n-' i C .J 0 I __ I _ . , I I . I . I , , I 1----. , I ,I , , I . I I . .- ;.-' I . I I I I l'l I I I I I --- .,.,.....". I I i' I r-------' I PlIU I I I f i--- C1PM.'SI GLeN .' I I : I I , I I I . I .. .. , . . . , , . f . I ~ r , I . I , . . .--.' I I I I I. -'* I .... I I ____I I I I I I . I. I, I I I .---------------------- -<( ...... oiliO~ t- --} II ... "')00 . ~----- W II 'Ii ann ..r .. " . ,.tel . N ...... ..... ...... ....... . .. ..... .. .-111IIIII:& 19 -..ca: ... .._. . ~" ..-a ,..' It..... --- JIIO ~') sPECIAL TRtATIoItNT OV[Rl'" N __"", c-..... ~ ......_ . ..... ........,.". II'PIC1lJlIC M'IC.MC .It .... n.a>>_ M.l....I...lIIOS_Cllt_. - . _----~- ~J .. - Age aunt - .~~.,. _._.~ ..: . . "'373 CCM4J'lITV sam.. PfikE. 03/14 . -~3/J,,/~(103..J.~t~3... ..K3..9..5,~.B... r'Il:I.J:'-4J')-llltl hr U 2003 9:n r :I,? '/', ',', . 3097~67 OR: 317~' ?G~ D03i " . ~ , .... lIe0lDll1uIfICUl. UClUi (f :0;1 Llt~ c-31I'I1, t;. I2/Ul2tn t U:'ZJ.I m;?f t. I!Ca, CUlJ; . ,::ns ~m=4f~U ,tr'C !Ct U.;4 :r.smi~ .M~ :i~.,,~ . il<<l~P ::\:n.u ;,'U lib: I~": I.U 50SJJm UUI 1;1 i~ . 40tI DIU 111 ,n~ mw " J1 i , WARRANT\' DEIm. I nrs OmID is made o.D. Ibis l"~ day of ~t 2002~1 b,eM.'cn MORt:] fER J. IF,Vil'P, a:w bwwn as M.J. PROPP, EPHRAIM PROPP, aDd :LEN f'ROPJt Jt~lJ_::K. km~rly k.1OWD as F.ELEN PROPP. whose address is: 405 Park ..vem:.t'1 s,\lte J JO:t. .N:'..... 1.";1"1:., NY 10022.9411) (tbe,-Oranlors-), aDd COMMUNITY SCH I It OF N.\PI.ES, me. ;~ fiiQ~(:a CC'tpOI'Ition l1Ot-for-proftt (the -OraDtee-). wbole post fff'lC~ a1jr:!t, 13: t ;::-:: L:I':.Dtstob Road, N'Fles. FL 34109. Tht Gramers. in CODSideladoa or the sum of TEN' AND l\)1100 I:OIL\:~ :~ :.~I.L'.:" tr.d other t.)Od lad valuable considerations to Ja.id Grantor in hud ~:.d b)' G:,~, 6" ,~:e:::';, u':1 sufficicutY ntw.bil:h is her!by acbowledged. haw ifanted. twk,~ 1Jld !'ol.-J ." ~'j~ :~:.:! :1 3'Otce an I Oranbic:'s bclrs, successors and asslgD' fote'lW, the ~(ll' wms '~?1lb"t ?i:,:.>r:-;J. ;~ u:lt!d, lY'D.e and being in Collier County, Florida. to wit: A pMCe.1 of Jand located in SecUoo J2, To"rtUb:p 49 nh, RJrl...!.t ~ Ed, Collier County, Florida., more p.WcuIarly ducritcd on . Er.hibit 'A., atticbed hereto and made. Van b~f 1 rden:::l:c. . .. Collier C",mty Tu Polio Nos. 002~S6(0)()6 aDd ~';61))1I'):~ , SUBJECT TO: :eal estate taus fot the ]'ear 2003 and~O~qll-:nt . . ,;" yeln; %olliDJ IDd use re!triedonl imposed by ~ em:nc:[ tn!. autbority; and elseroents, restrlctiODS aDd rauvatt.4 of ree.m. , <mDlOrS repteSW1t and wamDt that the subject ~)~.. is uoUnprov,:d and ncw land and Dot the bomestead of *,y Gf31Y.l.'l or my munber crf tbeir mpcctive !ami!)'. I ". . ADd said On.utou hereby fully wmlDt the title to uJd land'jfJld ~.in defnd ..he ~:r.1):' l1'bll~rM J':.'tp"rtd I?-J' L ,-,,' ilefUb//P --> Xt..~ It. .'oIl1"~ !:q. Gcoatfl'* C(blall A 1'\II~l"7l. 1'..... c:\!:r..1\Jltds 'OO~;'1IlIIIn '2'ndf No:1J1, S!;;: 1:13'> C'rrcnlitr Set xli ~. fL "'Je') ,"" ,.; 2 " (Pap J of6) . . Agenda Item No. 17E ....C;: :~t~.~,: . . . .'. .' . . May 25,'.,20e4!:.": . . ';.::..,: ~:-.~. .... ..I..:~. ,. :':.: ~.:..~...:... :':.,:\ . ,"' . ;. 7. I ", . '~~"r.~.:...,.:: . :>'..:' '. .':'.,':'-.- ...f -. ..:,-.,.:....i~:.i..;.....'-lY.:~;I.,R,8P.~.2~.df~~: 1....-:. ':.1. ~ . . .....'.:L:.;...:I~.:~... ". ...J!"ihI.II..........t.~........ ..' .~'\ .. . --_.. - Legal Description COMUENClNH AT lHE SOUTH 1/4 CORNER OF SECTION 12. TOWNSHIP 49 SOUTH, RANGE 25 EAST, THENCE 589'32'07-E FOR 1385.93' FEET: THENCE RUN NOO'OS'54-"" FOR 7S.OO' FEET; THENCE CONTINUE NOO'OS'54.W FOR 2465.42' FEET TO THE POINT a: BEGINNING; THENCE Noo'04'03-W FOR 100.20' FEET: THENCE NOCl'21'43-W FOR 1232.6S' FEET .TO A POINT ON THE SOlllHERLY RIGHT-OF-WAY Of' A PUBUC SCHOOL ACCESS DR1~ THENCE ALONG SAID RIGHT-OF-~'AY, RUN 589"26'27-E FOR 216.38' FEET: THENCE ALeNG A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 285.00' FEET, A CHORD BEAftlNG OF S66'56'2TE, A CHORD OF 218.13' FEET, AN AHC OF 223.S4', A DELTA OF 45'00'00.: THENCE LEAVING SAID CURVE RUN 544'26'27-E FOR - 156.37' FEE"r; THENCE ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 385.00' FEET, A CHORD BEAHING OF S66'56'2TE. A CHORD OF 294.67' FEET, AN AHC OF 302.38', A DElTA OF 45'00'00.: lHENCE LEA VlNG SAID CURVE. RUN S89'26'2TE FOR 287.29' FEET: THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY OF PUBUC SCH<f:lL ACCESS ROAD, RUN Soo'49'52-E FOR 14S.22' FEET: THENCE NS9'10'OS-E FOR 10.00' I:"EET: THENCE SOO'49'52-E FOR 879.0S' FEET: THENCE N89'33'04-W FOR 1101.95' FEET TO THE POINT OF Bt:GlNNING. RZ-2003-AR'.4937 - Exh ibit A Agenda Item No. 17E May 25.2004 Page 30 of 33 -"~.---'- _om.... . ".-. ~.._-... ORDINANCE NO. 04 -_ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATI..AS MAP NUMBERED 9512S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED SOUTH OF THIS PROPERTY IN SECTION 12, TOWNSHIP 49 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL TO "CF" COMMUNITY FACILITY TO ALLOW FOR THE EXPANSION OF THE EXISTING SCHOOL FACILITIES; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS. Terrance Kepple of Kepple Engineering, Incorporated, representing Community School of Naples Incorporated, in Pctition RZr2003.AR.4937, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioncrs of Collicr County, Florida, that: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 12, Township 49 South, Range 25 East, Collier County, Florida, is changed from" A" Rural Agricultural to "CF" Community Facility and the Official Zoning Atlas Map numbered 9512S, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the sanJe for which the rezone is hereby approved subject to the property owners installing a Type D landscape buffer along the Livingston Road frontage within one year of the approval of this rezone request. SECTION TWO: This Ordinance shall become effcctivc upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of .2004. A TrEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: - Deputy Clerk DONNA FIALA, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY Patrick G. White Assistant County Anomey Agenda Item No. 17E Attachment: Exhibit A-Legal Description May 25, 2004 Page 1 of 2 Page 31 of 33 - Legal Description COIoI...ENCHG AT lHE SOUlH 1/4 CORNER or SEcnON 12, TO~iHIf' 49 saJn-l. RANGE: 2! EAST, lHENCE 589"32'07'E FOR 1~93' FUT: lHENCE RUH NOO'OS'S4"W FOR 75.00' f[[l; lHENCE CON1lNV( NoO'O~r~4"W F'OR 24615.42' FEET 10 tHE paNT or 8EClHNlI4(~ lHtNIX NOO"04'QJ"'Wf FOR 100.20' F'EET: 'THENCE tiOO'2l'4.YW f'M 1232.65' fEET TO A POINT ON '!H! SCOtHERlY RIGHT-oF-WAY or It PU8UC SCHOOl. ~CCESS ORI\lE; lHENCE AlONG SAID RICHT-<lF-WAV, RUN 589'26'27"[ FOR 216.38' f'E[l': '!HENCf ALOttG A. CURVr ~CAVE ro lJlE:: SOlJ11iWE~,T, HAVING" RADIUS Of' 285,00' FEET. " QfORO MARIHG or S&eW'ZrE. At a.ORO Of' 21S.U' re:t:T. AN ARC or 223.&4'. A DElTA or ~OO': '!HENCE tJ~~NG S.4JO CUR\'E RU~ 54478'27"[ F'OR 156.3T REf: 1HENCE ALONG At CUR\E CXiHC"VE TO lM! NORT,-tEAST. HAw.G A RADIUS or 38~OO' FlIT, " CHORD 8e~IHC or S6a-s&'2rE. " OiORO or 2M.aT FtET, Nt ARC or 302.311'. A DElTA OF 45'00'00"; ThENCE U:AVlHG S.4JO OJR'it:. R\lN S89'2S'2TE FOR 2117.29' A:ETi THENCE LLAWfC SAJO SOUTHERLY RlCHT-Of"'WAY or PUllUC scmtt. ACCESS RO...o. ~ SOO'49'S2"[ FOR '4~12' f'tET, '!HENCE N89'1O'OB""E FOR 10.00' f'ttT; ThENCE SOO"-49'52'E FOR 8711.08" F'EET: THe:~CE Ne9.JJ.04...., FOR 1101.9S' fEET TO lHE PQ.'1T OF BEGlNNINC. -- RZ-2003-PR-4937 Exhibit A - Agenda Item No. 17E May 25, 2004 Page 2 of 2 Page 32 of 33 -..- .- -^-- - 3806 Exchange Avenue. Noples, Florida 34104 · (941) 403-1780 · Fax (941) 403-1787 Community School of Naples Trip Generation 2003 The school, with the. proposed additions, will have capacity for 850 students on campus. lbe existing campus provides classrooms fot approximately 750 students. In accordance with the ITE Trip Generation Manual, 6th Edition. trip generation is as follows: Weekday - Peak AM of'adjacent street 0.92 trips/student 0.92 x 850 =782 trips 600icl entt; r, 400icl exiting (469 entu}(313 exit) Weekday - Peak PM of adjacent street 0.2 trips/student 0.2 x 85e = 170 trips 38% entu, 62% exiting (65 enter) (105 exit) Weekday - Peak AM of generator 0.92 trips/student 0.92 x 8~ 0 = 782.2 trips 600icl entu, 40% exiting (469 ente r) (313 exit) Weekday - Peak PM of generator 0.64 trips/student 0.64 x 8~ 0 = 544 trips 46% enter, 54% exiting (250 entu) (294 exit) The existing student population of 750, is 88% of the final student population of850. The expected increase in traffic is therefore 1~:% of the totals shown above. . Agenda Item No. 17E May 25, 2004 Page 33 of 33 -- EXECUTIVE SUMMARY A Resolution of the Board of County Commissioners of Collier County, Florida, finding a blighted area to exist and expanding the boundaries of the Irnmokalee Community Redevelopment Area. OBJECTIVE: Recommendation by the Community Redevelopment Agency to the Board of County Commissioners (BCC) to expand the boundaries of the Immokalee Community Redevelopment Area. CONSIDERATIONS: On March 14, 2000 the Board of County Commissioners adopted Resolution 2000-82, determining that two areas in unincorporated Collier County-the Bayshore/Gateway Triangle area and the Immokalee area-suffered from conditions of blight, as defined in Section 163.340 (8) of Florida Statutes. According to the Board, the rehabilitation, conservation or redevelopment of these areas, or a combination thereof, was necessary in the interest of the public health, safety, morals or welfare of the residents of Collier County. As a result of this finding, Resolution 2000-83 was adopted, establishing the Collier County Community Redevelopment Agency (CRA), which, in accordance with Section 163.357 of Florida Statutes, declared the Board of County Commissioners as the CRA Board. This resolution also provided for the creation of two advisory boards for each of the newly designated -, community redevelopment areas, which were to be composed of citizens, residents, property owners and business owners (or persons engaged in business) in these areas. Four years after its creation, on March 26, 2004, the Immokalee Local Redevelopment Advisory Board met and recommended the expansion of the boundaries of the Immokalee Community Redevelopment Area, as set forth in Exhibit A (a legal description of the areas proposed for inclusion will be provided to the BCC). In accordance with Section 163.340 (8), Florida Statutes, areas may only be declared "blighted," and thereby qualify for CRA status, if they meet at least two of the 14 statutory criteria for blight. Based upon a subsequent review of the areas proposed by the Advisory Board for inclusion within the Immokalee Community Redevelopment Area (depicted as hatched areas in Exhibit A), staff found that the following existing conditions met the statutory criteria for "blight": . A faulty and inadequate lot layout in relation to size, adequacy, accessibility, or usefulness; and . The aggregate assessed values of real property in the area for ad valorem tax purposes have failed to show any appreciable increase over the past five years; and . There is inadequate and outdated building density patterns; and . There are unsanitary and unsafe conditions; and . There has been a deterioration of site and other improvements. On April 13, 2004 staff presented and the BCC approved several economic incentives that were recommended by the Immokalee Local Redevelopment Advisory Board. The adopted economic ,- incentives will be utilized within the areas of the CRA proposed for expansion. Agenda Item No. 17F May 25,2004 Page 1 of 8 -....-- -,_......"...^"...,.."''''''''..,,-..........., '."'-'~". -',"' .,...,,'".,..~.. <.,_.,_.".-..,.",~..-... . _";""""''''_''''''_I'''HC'''''''_~ .__."~.,,._--,---._"~ .,-- At the May 11, 2004 BCC meeting, the Board, acting as the CRA, approved Agenda item No. 16A13-as recommended by staff and endorsed by the lmmokalee Local Redevelopment Advisory Board- to expand the boundaries of the lmmokalee Community Redevelopment Area. FISCAL IMPACT: Presently, all ad valorem taxes for properties contained in the proposed new areas are deposited into the County's general fund. However, if the proposed Resolution is adopted by the BCC, once the appraised property values for the base tax year are established, all future ad valorem tax increments will be deposited into the lmmokalee CRA fund (186) rather than the County's general fund. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. ADVISORY BOARD RECOMMENDATION: As previously stated, the lmmokalee Local Redevelopment Advisory Board met on March 26, 2004 to recommend an expansion of the boundaries of the CRA to incorporate the adjacent areas depicted as hatched areas in Exhibit A. STAFF RECOMMEl\TDATION: Because of the presence of blighted conditions (as defined in Section 163.340 (8), Florida Statutes) in areas contiguous to the existing lmmokalee - Redevelopment Area, Comprehensive Planning recommends that the CRA recommend to the BCC the expansion of the boundaries of the lmmokalee Redevelopment Area to incorporate the areas depicted with hatched marks in Exhibit A. Expansion of the Redevelopment Area is in the interest of the public health, safety, morals or welfare of the residents of Collier County, Florida. - Agenda Item No. 17F May 25, 2004 Page 2 of 8 ,,- COLLIER COUNTY - BOARD OF COUNTY COMMISSIONERS Item Number 17F Item Summary A Resolution of the Board of County Commissioners of Collier County, Florida, Finding a Blighted Area to Exist, and Expanding the Boundaries 01 the Immokalee Community Redevelopment Area. Meeting Date 5/25/2004 9:00:00 AM Prepared By John-David Moss Senior Planner Community Development & Comprehensive Planning Environmental Services Approl'ed By Randall J, Cohen Commulnty Planning and Redevelopment Manager Date Community Development & Comprehensive Planning Environmental Services 5/11/20043:34 PM Approl'ed By Constance A, Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin, 5/13120044:47 PM Approved By Sandra lea Executive Secretary Date - Community Development & Community Development & Environmental Services Environmental Services Admin. 5113/2004 9:47 AM Approved By David Weeks, AICP Chief Planner Date Community Development & Environmental Services Comprehensive Planning 5/13/20044:17 PM Apprond By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5/17/200410:00 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/17/2004 3:25 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 5/19/200411:40 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/19/2004 1:09 PM - Agenda Item No. 17F May 25, 2004 Page 3 of 8 ".....-...--.-- ..-.. .-- RESOLUTION NO. 2004 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FINDING A BLIGHTED AREA TO EXIST, AND EXPANDING THE BOUNDARIES OF THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA. WHEREAS, on March 14, 2000, the Board of County Commissioners of Collier County, Florida (Board) adopted Resolution No. 2000-82, finding a specified area of Immokalee to be blighted and creating the Immokalee Community Redevelopment Area; and WHEREAS, on March 26, 2004, the Immokalee Local Redevelopment Advisory Board met and recommended expansion of the boundaries of the Immokalee Community Redevelopment Area (Area), as set forth in Exhibit A (Expanded Area); and WHEREAS, on April 13, 2004, the Board received and considered a report and presentation by County staff identifying current economic conditions and considered the applicability of various economic incentives within this Expanded Area; and WHEREAS, after having considered the determinations and the facts and evidence of conditions in the Expanded Area and having received and considered such other evidence of the conditions in the Expanded Area presented to it, the Board now desires to proceed in accordance with the authorization and powers granted by Part III, Chapter 163, Florida Statutes, to establish the necessary means by which redevelopment can be accomplished in the Expanded Area and that certain actions are appropriate and necessary and should be taken to address the conditions now present and expected to be present in the Expanded Area. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS FOLLOWS: Section 1. Findings. The Board of County Commissioners, consistent with ~ 163.355, Fla. Stat. (2003), does hereby find: (a) Based upon the facts and evidence presented to and considered by the Board that the following conditions exist in the Expanded Area proposed to be added to the existing Immokalee Community Redevelopment Area: 1. Past conditions continue to be present in the Expanded tg~~~BtltWA, No. 17F May 25, 2004 Page 1 of 3 Page 4 of 8 _. detrimental to the sound growth of the County and which substantially impair or arrest the growth within the Expanded Area, and present conditions and uses in the Expanded Area are detrimental to the public health, safety, morals and public welfare; and 2. There is a faulty and inadequate lot layout in relation to size, adequacy, accessibility, or usefulness to the Expanded Area; and 3. The aggregate assessed values of real property in the Expanded Area for ad valorem tax purposes have failed to show any appreciable increase over the past five years; and 4. There are inadequate and outdated building density patterns in the Expanded Area; and 5. There are unsanitary and unsafe conditions in the Expanded Area; and 6. There has been a deterioration of site and other improvements in the Expanded Area. (b) The notices required by Section 163.346 and Section 163.361 (3), Florida Statutes (2003), have been timely published or mailed in accordance with said statutes. .- (c) Action must be taken immediately to prevent further blight and deterioration and to protect and enhance public expenditures previously made in the Expanded Area. Section 2. Findino of Necessity. The Board of County Commissioners, based upon the evidence presented to it and in the public record with respect to the conditions found in Section 1 (a), above, finds that a "blighted area" as defined in Section 163.340 (8), Florida Statutes, exists within the boundaries of Collier County in the area identified, described, and depicted on Exhibit A, attached hereto and made a part of this Resolution (the Expanded Area), and further finds that the rehabilitation, conservation, or redevelopment, or a combination thereof, of such Expanded Area described is necessary in the interest of the public health, safety, morals or welfare of the residents of Collier County, Florida. Section 3. Community Redevelooment Area. Based upon the facts presented and contained in the public record, the Board of County Commissioners finds the Expanded Area constitutes a "community redevelopment area" as defined in Section 163.340 (10), Florida Statutes (2003), and hereby adds the Expanded Area to the - Immokalee Community Redevelopment Area. Section 4. Conflicts. All resolutions and parts of resolutions in cA~'€n8'~hIMm No. 17F May 25, 2004 Page 2 of 3 Page 5 of 8 . .--.- "",- ._.. of the provisions of this resolution are hereby repealed, provided, however, nothing herein is intended nor should be applied to affect, repeal, alter, amend or supersede any previous resolutions adopted by the Board of County Commissioners finding any other area or areas within Collier County to be a "blighted area" for purposes of the Community Redevelopment Act, specifically including Resolution 2003-82. Section 5. Severability. If any section or portion of a section of this Resolution, including any part of Exhibit A, proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or part of this resolution. Should any area constituting part of the Expanded Area be severed from the Expanded Area by a court of competent jurisdiction, the remainder shall constitute part of the Immokalee Community Redevelopment Area for purposes of this Resolution. Section 6. Effective Date, This Resolution shall become effective immediately upon adoption. This Resolution adopted after motion, second and majority vote this _ day of ,2004. ATIEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: DONNA FIALA, Chairman Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Agenda Item No. 17F May 25, 2004 Page 3 of 3 Page 6 of 8 ,.-, Exhibit A (Sheet 1 of 2) ExistIng & Proposed Community Redevelopment Area R~E R~E ,.. n 14 i) ..~~---1....._._:~ ~) t' r'-- ! I' .. :'! I 'r) n' III I' 00 . ~ ---...--- l- " .. " J~ . en ....... .... ~ ": J I' : !1 ' I . , I . :_-_...-L--r-_. i I ,._... '. l!t j W :1 H 1 'IS . 11 , L, -.-.-+-. ._~_...- j....------ 1 :u 'l"J \ U ~ :. l H . .' ~ ~ gli!~,\~~~t! [{~~~~~;~~~,.~~.. _._~~~____':_ Agenda Item No. 17F May 25, 2004 Page 7 of 8 ~_.,~..'- ~--., ."~.~~ --.~ ..-----..--.-..-..-- EXHffiIT A (Sheet 2 of 2) Description of the Expanded Areas of the Immokalee Community Redevelopment Area (Area) In addition to the area described in Exhibit A of Resolution 2000-82, the Immokalee Community Redevelopment Area shall be expanded to include the following areas: Township 46 South, Range 28 East, Sections 26,27,34 and that portion of Section 35 not already included in the Area; Township 47 South, Range 28 East, the northern halves of Sections 2 and 3; Township 47 South, Range 29 East, Sections 7 and 8; Township 46 South, Range 30 East, Sections 30 and 31; and Township 46 South, Range 29 East, those portions of Sections 25 and 36 not already included in the Area. Agenda Item No. 17F May 25, 2004 Page 8 of 8 .-- EXECUTIVE SUMMARY A Resolution of the Board of County Commissioners of Collier County, Florida, to amend the Immokalee Community Redevelopment Plan. OBJECTIVE: Recommendation by the Community Redevelopment Agency to the Board of County Commissioners (BCC) to amend the Immokalee Redevelopment Area Plan as necessary to allow for additional residential and economic incentive programs. CONSIDERATIONS: On March 14, 2000 the Board of County Commissioners adopted Resolution 2000-82, determining that two areas in unincorporated Collier County-the Bayshore/Gateway Triangle area and the Immokalee area-suffered from conditions of blight, as defined in Section 163.340 (8) of Florida Statutes. According to the Board, the rehabilitation, conservation or redevelopment of these areas, or a combination thereof, was necessary in the interest of the public health, safety, morals or welfare of the residents of Collier County. As a result of this finding, Resolution 2000-83 was adopted, establishing the Collier County Community Redevelopment Agency (CRA), which, in accordance with Section 163.357 of Florida Statutes, declared the Board of County Commissioners as the CRA Board. This resolution also provided for the creation of two advisory boards for each of the newly designated community redevelopment areas, which were to be composed of citizens, residents, property - owners and business owners (or persons engaged in business) in these areas. On May 23, 2000 the Collier County CRA met for the first time. As required by State Statute, a redevelopment plan that provided a framework for the effective redevelopment of the Community Redevelopment Area was eventually prepared and presented to the Collier County Planning Commission, the CRA Board, and the Board of County Commissioners. The BCC adopted the Collier County Community Redevelopment Plan, as set forth in Resolution 2000- 181, on June 13, 2000. The Plan outlined goals for each community redevelopment area and recognized several funding sources for their implementation, including the use of Tax Increment Financing (TIF). On November 18, 2003, the BCC approved the Residential Impact Fee Deferral Program, the Fee Payment Assistance Program, the Property Tax Stimulus Program, the Broadband Infrastructure Program and the Job Creation Program. On December 3, 2003, the Immokalee Local Redevelopment Advisory Board met and recommended that the Immokalee Redevelopment Area Plan be amended to allow for the aforementioned residential and economic incentive programs, as well as any additional residential and economic incentive programs. At the May 11, 2004 BCC meeting, the Board, acting as the CRA, approved Agenda item No. 16A12-as recommended by staff and endorsed by the Immokalee Local Redevelopment Advisory Board-to amend the Immokalee Redevelopment Area Plan as necessary to allow for additional residential and economic incentive programs. - Agenda Item No. 17G May 25,2004 Page 1 of 7 "--""""-""" ~-"-" ,.'... . ..,........,.""....__"_,.."',.,I<w''''''',,...~..... ,.,.........,'1.... - -~_.- - ~".".'.~._.M<O"'" "..'O~,.."'~,...._._"'_...~_.~"._,. FISCAL IMPACT: Presently, all ad valorem tax increments for properties contained within the Immokalee Community Redevelopment Area are deposited into the County's general ad valorem fund. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. ADVISORY BOARD RECOMMENDATION: As previously stated, the Immokalee Local Redevelopment Advisory Board met on December 3, 2003 to recommend that the Immokalee Redevelopment Area Plan be amended to allow for the aforementioned residential and economic incentive programs, as well as any additional residential and economic incentive programs. STAFF RECOMMENDATION: That the Board of County Commissioners amend the Immokalee Community Redevelopment Plan as necessary to allow for additional residential and economic incentive programs. ".- .- Agenda Item No. 17G May 25, 2004 Page 2 of 7 - _. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Ilem Number 17G Item Summary A Resolution of the Board of County Commissioners of Collier County, Florida, to Amend the Immokalee Community Redevelopment Plan. Meeling Date 5/25/2004 900:00 AM Prepared By John-David Moss Senior Planner Community Development & Environmental Services Comprehensive Planning Appro\'ed By Commulnty Planning and Randall J. Cohen Redevelopment Manager Date Community Development & Comprehensive Planning 5111/20043:34 PM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 5113/2004 4:46 PM Environmental Services Environmental Services Admin. Appro\'ed By Sandra Lea Executive Secretary Date Community Development & Community Development & -. 5113/2004 9:47 AM Environmental Services Environmental Services Admin. Approved By David Weeks. AICP Chief Planner Date Community Development & Comprehensive Planning Environmental Services 511312004 4: 17 PM Appro\'ed By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 5117120049:56 AM Appro\'ed By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5117/2004 3;07 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 5117/20045:57 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 5/17/20047:14 PM - Agenda Item No. 17G May 25, 2004 Page 3 of 7 --,._-_._~"---,-,._._,-_. ,,-,-- " ".,----".._"~-"-- RESOLUTION NO. 2004 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO AMEND THE IMMOKALEE COMMUNITY REDEVELOPMENT PLAN. WHEREAS, the Board of County Commissioners (Board) adopted Resolution 2000-82 on March 14,2000. finding the existence of blighted conditions in two areas in the unincorporated area of Collier County, as more particularly described in that resolution (such area being referred to herein as the "Community Redevelopment Area"); and WHEREAS, on June 13, 2000, a Community Redevelopment Plan addressing the redevelopment needs in the Community Redevelopment Area, as contemplated by Part III, Chapter 163, Florida Statutes, was adopted by Resolution 2000-181 ; and WHEREAS, the Community Redevelopment Agency on May 11, 2004, approved the proposed amendments to the Community Redevelopment Plan and recommended them to the County Commission; and WHEREAS, the proposed amendments to the Community Redevelopment Plan are made pursuant to Section 163.361, Florida Statutes (2003), "Modification of Community Redevelopment Plans;" and WHEREAS, a copy of the proposed amendments to the Community Redevelopment Plan was submitted by the Community Redevelopment Agency to the Board of County Commissioners, as the governing body of Collier County, Florida, and to the South Florida Water Management District; Collier County School Board; Immokalee Fire District; and the Collier County Mosquito Control District, as taxing authorities which levy ad valorem taxes on taxable real property contained within the geographic boundaries of the Community Redevelopment Area; and WHEREAS, the notices requi red by Section 163.346, Florida Statutes (2003), have been published and mailed by registered mail as required therein, and a public hearing regarding the proposed amendments to the community redevelopment plan was held. Agenda Item No. 17G May 25, 2004 Page 1014 Page 4 of 7 Words GtlUCk through are deleted. words underlined are added ",_."., NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS FOLLOWS: Section 1. Incorporatina Recitals. The Board finds, declares and determines that the matters set forth in the foregoing recitals are true and correct and are incorporated herein as part of this Resolution. Section 2. Findina of Conformance with Comprehensive Plan. The Board hereby finds, determines and declares that the proposed amendments to the Community Redevelopment Plan for the Community Redevelopment Area conform to the general comprehensive plan of Collier County as a whole. Section 3. Rndina of Adequacy of Recreational Facilities. The Board hereby finds, determines and declares that the proposed amendments to the Community Redevelopment Plan give due consideration to the provision of adequate park and recreational areas and facilities that are desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the area covered by the plan. - Section 4. Rndina of Relocation. The Board finds that a feasible method for the relocation of families who will be displaced from the community redevelopment area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families is contained in the Community Redevelopment Plan. Section 5. Findina of Maximum Opportunity. The Board hereby finds that although the Community Redevelopment Plan contemplates most improvements will be undertaken by the County or the CRA, the Community Redevelopment Plan will afford maximum opportunity, consistent with the sound needs of the County as a whole, for the rehabilitation or redevelopment of the community redevelopment area by private enterprise to the extent contemplated by said plan, Section 6. Adoption of Amendments to the Community Redevelopment Plan. The Board does hereby adopt the following amendments to the Community Redevelopment Plan for the Community Redevelopment Area and aut.horizes and directs the Community Redevelopment Agency to proceed with their implementation: Section 4.7 Redevelopment Area Goals . .. -- Provide opportunities for adequate, safe, aOO or affordable housing. Encourage the development of both affordable rental and homeownership through rehabilitation and new construction. Agenda Item No. 17G May 25,2004 Page 2 of 4 Page 5 of 7 Words &truGk through are deleted, words underlined are added ___m. .._____ -."-.".... -"''^-" Section 4.8 PHASE I - REDEVELOPMENT ACTIVITIES ... Neighborhood Revitalization/Housing Programs ... Develop incentives for the construction of new affordable housing in the community including. but not limited to. a proaram for impact fee assistance. reduced permitting fees, land costs, and processing time. ... Maintain, enhance or develop neighborhood parks throughout the community that are safe and convenient for the residents. Business/Industrial Revitalization and Proarams Develop and implement incentive proqrams for the construction of new business or industry and the expansion of existinq businesses and industry. includinq but not limited to. reduced fees. fee assistance. and reduced processinq time. specificallv includinq. but not limited to. proarams that: . 1. Provide property tax incentives; 2. Provide iob creation incentives. Section 7. Conflicts. All resolutions and parts of resolutions in conflict with any of the provisions of this resolution are hereby repealed, provided, however, nothing herein is intended nor should be applied to affect, repeal, alter, amend or supersede any previous resolutions adopted by the Board of County Commissioners adopting the original redevelopment area and any subsequent amendments thereto. Section 8. Severabilitv. If any section or portion of a section of this resolution, including any part of the exhibit, proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effective any other section or part of this resolution. Should either area constituting part of the Area or part thereof shall be severed from the Area and the remainder shall constitute the Area for purposes of this resolution. Section 9. Effective Date. This resolution shall become effective immediately upon its passage and adoption. Section 10. This Resolution adopted after motion, second and majority vote this _ day of ,2004. ATTEST: BOARD OF COUNTY COMMISSI~a Item No. 17G May 25,2004 Page 3 of 4 Page 6 of 7 Words ClfU{:k through are deleted. words underlined are added - DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Donna Fiala, Chairman Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney ,--. _. Agenda Item No. 17G May 25, 2004 Page 4 01 4 Page 7 of 7 Words &trusk through are deleted, words underlined are added ",--- .------ ----'-,,_.~.~. .-.,,-... -~-